ORD 602 Housing Element Update - Code Amendments ZOA 2022-0001ORDINANCE NO. 602
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
MULTIPLE SECTIONS OF TITLE 9 OF THE LA
QUINTA MUNICIPAL CODE TO CONFORM TO THE
POLICIES AND PROGRAMS OF THE CITY’S 2022
HOUSING ELEMENT UPDATE
CASE NUMBER: ZONING ORDINANCE AMENDMENT 2022-0001
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California did, on
July 19, 2022, hold a duly noticed Public Hearing, to consider amendments to
the text of Title 9 of the La Quinta Municipal Code (Zoning Ordinance) to make
it consistent with the 2022 Housing Element update; and,
WHEREAS, the Design and Development Department published a public
hearing notice in The Desert Sun newspaper on July 8, 2022 as prescribed by
the Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta did adopt
Planning Commission Resolution 2022-016 to recommend to the City Council
adoption of said Zoning Ordinance Amendment at a duly noticed Public
Hearing on the June 14, 2022; and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of “The Rules to Implement the California Environmental Quality
Act of 1970” (CEQA) as amended (Resolution 83-63). The City prepared an
Environmental Assessment (EA 2021-0010) for the Housing Element update,
and these Zoning Ordinance changes are entirely consistent with the Housing
Element policies and were therefore analyzed in EA 2021-0010 and no further
review is required; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said City Council did make the following mandatory findings pursuant
to Section 9.220.010 of the La Quinta Municipal Code to justify approval of
said Zoning Ordinance Amendment, included in Exhibit A:
1. The Zoning Ordinance changes are consistent with the goals, objectives
and policies of the General Plan, insofar as the changes are required by
Ordinance No. 602
Zoning Ordinance Amendment 2022-0001
Project: Housing Element Zoning Text Amendments
Adopted: August 2, 2022
Page 2 of 4
policies and programs of the 2022 Housing Element update, and the
Zoning Map must be consistent with the General Plan.
2. Approval of the zoning ordinance change will not create conditions
materially detrimental to the public health, safety and general welfare
because the changes in text do not materially change the manner or
standards under which development will occur, but rather clarify the
City’s requirement for the development of housing for all residents in La
Quinta.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. FINDINGS AND APPROVAL: That the above recitations are
true and constitute the Findings of the City Council in this case.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of
this Ordinance, cause it to be posted in at least three public places designated
by resolution of the City Council, shall certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together
with proof of posting to be entered into the permanent record of Ordinances
of the City of La Quinta.
SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby
grant the City Clerk the ability to make minor amendments and corrections of
typographical or clerical errors to Exhibit A to ensure consistency of all
approved text amendments prior to the publication in the La Quinta Municipal
Code.
SECTION 5. SEVERABILITY: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more
section, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared unconstitutional.
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Chapter 9.40 RESIDENTIAL PERMITTED USES
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 Chapter 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
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
Mobilehome parks C C C C C C
Mobilehome subdivisions and manufactured
homes on individual lots, subject to Section
P P P P P S
Ordinance No. 602
Zone Change 2022-0001
Adopted: August 2, 2022 EXHIBIT A
(Supp. No. 2, Update 3)
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9.60.180
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
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 P P P
Transitional housing X X X P P P
Open Space and Recreational Uses
Public parks, playfields and open space P P P P P P
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
Satellite dishes and other antennas subject to
Section 9.60.080
A A A A A A
(Supp. No. 2, Update 3)
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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
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
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
(Supp. No. 2, Update 3)
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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. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord.
515 § 1, 2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1,
2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998;
Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.090 Accessory dwelling units.
A. Purpose. This section provides standards and criteria for the establishment of accessory
dwelling units and junior accessory dwelling units, consistent with California
Government Code Section 65852.2, subdivision (a)(1) and 65852.22. Accessory
dwelling units shall be permitted only in the zones that allow single family or
multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone
districts. Junior accessory dwelling units are permitted in single family zones: RVL, RL,
RC, RM, RMH, and RH zone districts.
B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit,"
"second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030
(or successor section) shall not apply, and, instead, "accessory dwelling unit" as
defined in California Government Code Section 65852.2(i)(4) (or successor section in
the Government Code) shall apply. An accessory dwelling unit shall be either "attached"
or "detached" to the primary residence as described in Government Code Section
65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply
for purposes of this section:
1. "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty
(150) square feet and no more than five hundred (500) square feet in size and
contained entirely within a single-family residence. A junior accessory dwelling unit
may include separate sanitation facilities, or may share sanitation facilities with
the existing structure.
2. "Living area" shall have the same meaning as California Government Code Section
65852.2(i)(1) (or successor section in the Government Code), notwithstanding any
provision in Section 9.280.030 of this code to the contrary.
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3. "Primary residence" shall have the same meaning as "dwelling, main or Primary
residence” as defined in Section 9.280.030 (or successor section).
4. "Public transit" means a location, including but not limited to, a bus stop or train
station, where the public may access buses, trains, subways, and other forms of
transportation that charge set fares, run on fixed routes and are available to the
public (consistent with Government Code Section 65852.2, subdivision (j)(9). .
C. Standards for Accessory Dwelling Units. The following standards shall apply to
accessory dwelling units:
1. Except as provided in Government Code Section 65852.26, the accessory dwelling
unit may be rented separate from the primary residence, but may not be sold or
otherwise conveyed separate from the primary residence.
2. The lot is zoned to allow single-family or multifamily dwelling use and includes a
proposed or existing dwelling.
3. The accessory dwelling unit is either attached to, or located within, the proposed
or existing primary dwelling, including attached garages, storage areas or similar
uses, or an accessory structure or detached from the proposed or existing primary
dwelling and located on the same lot as the proposed or existing primary dwelling.
4. The total floor area of an attached accessory dwelling unit shall not exceed 50
percent of the primary dwelling or 800 square feet if the primary dwelling is less
than 1,600 square feet.
5. The total floor area for a new detached accessory dwelling unit shall not exceed
1,200 square feet.
6. An accessory dwelling unit shall include a kitchen and bathroom.
7. An efficiency unit as defined by Section 17958.1 of the California Health and
Safety Code must be a minimum of 150 square feet.
8. No passageway shall be required in conjunction with the construction of an
accessory dwelling unit.
9. No setback shall be required for an existing living area or accessory structure or a
structure constructed in the same location and to the same dimensions as an
existing structure that is converted to an accessory dwelling unit or to a portion of
an accessory dwelling unit, and a setback of no more than four feet from the side
and rear lot lines shall be required for an accessory dwelling unit that is not
converted from an existing structure or a new structure constructed in the same
location and to the same dimensions as an existing structure.
10. The building code requirements in effect at the time a building permit is secured
shall apply to detached dwellings.
11. The accessory dwelling unit must be approved by the Riverside County
Department of Environmental Health and the Regional Water Quality Control
Board where a private sewage disposal system is being used or proposed.
12. Parking requirements for accessory dwelling units shall not exceed one parking
space per accessory dwelling unit or per bedroom, whichever is less. These spaces
may be provided as tandem parking on a driveway.
a. Off-street parking shall be permitted in setback areas or through tandem
parking, unless specific findings are made that parking in setback areas or
tandem parking is not feasible based upon specific site or regional
topographical or fire and life safety conditions.
b. There shall be no additional parking requirement for an accessory dwelling
unit in any of the following instances:
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i. The accessory dwelling unit is located within one-half mile walking
distance of public transit.
ii. The accessory dwelling unit is located within an architecturally and
historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one block of the
accessory dwelling unit.
c. When a garage, carport, or covered parking structure is demolished in
conjunction with the construction of an accessory dwelling unit or converted
to an accessory dwelling unit, those off-street parking spaces need not be
replaced.
13. One accessory dwelling unit and one junior accessory dwelling unit is permitted per
lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the
proposed space of a single-family dwelling or existing space of a single-family
dwelling or accessory structure and may include an expansion of not more
than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the
existing accessory structure shall be limited to accommodating ingress and
egress.
b. The space has exterior access from the proposed or existing single-family
dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The junior accessory dwelling unit complies with the requirements of
California Government Code Section 65852.22.
14. One detached, new construction, accessory dwelling unit that does not exceed four-
foot side and rear yard setbacks for a lot with a proposed or existing single-family
dwelling. The accessory dwelling unit may be combined with a junior accessory
dwelling unit described in subsection D, if it complies with the following:
a. A total floor area limitation of not more than 800 square feet.
b. A height limitation of 16 feet.
15. Multiple accessory dwelling units are permitted within the portions of existing
multifamily dwelling structures that are not used as livable space, including, but not
limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages,
if each unit complies with state building standards for dwellings.
a. One accessory dwelling unit is permitted within an existing multifamily
dwelling and up to 25 percent of the existing multifamily dwelling units may
contain an accessory dwelling unit.
b. Not more than two accessory dwelling units that are located on a lot that has
an existing multifamily dwelling, but are detached from that multifamily
dwelling are permitted, and are subject to a height limit of 16 feet and four-
foot rear yard and side setbacks.
16. Accessory dwelling units shall not be required to provide fire sprinklers if they are
not required for the primary residence.
17. An accessory dwelling unit that is rented must be rented for terms longer than 30
days. Under no circumstances shall an accessory dwelling unit be eligible for a
Short Term Vacation Rental permit.
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18. In the event of any conflicts between the standards set forth in this section and
those set forth in the regulations of the applicable zoning district, the provisions of
this section shall prevail.
19. The applicant shall pay to the city all applicable fees imposed on such new
development of an accessory dwelling unit or new or rehabilitated primary residence
that will include an accessory dwelling unit, provided, however, that no impact fee
shall be imposed upon the development of an accessory dwelling unit less than 750
square feet, and any impact fees charged for an accessory dwelling unit of 750
square feet or more shall be charged proportionately in relation to the square
footage of the primary dwelling unit.
D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for
junior accessory dwelling units:
1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned
for single-family residences with a single-family residence already built or
proposed to be built, on the lot.
2. The single-family residence in which the junior accessory dwelling unit will occur
must be owner-occupied. The owner may reside in either the remaining portion of
the structure or the newly created junior accessory dwelling unit. Owner-
occupancy shall not be required if the owner is another governmental agency, land
trust, or housing organization.
3. Prior to issuance of occupancy approval of the accessory dwelling unit, the city
may require the property owner to enter into a restrictive covenant with the city
prohibiting the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers; and restricting the size and attributes of the
junior accessory dwelling unit that conforms with this section.
4. A junior accessory dwelling unit must be constructed within the walls of the
proposed or existing single-family residence.
5. A junior accessory dwelling shall provide a separate entrance from the main
entrance to the proposed or existing single-family residence.
6. A junior accessory dwelling unit shall include an efficiency kitchen, which shall
include all of the following:
a. A cooking facility with appliances, and
b. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the junior accessory dwelling unit.
7. Parking: A junior accessory dwelling unit shall not require parking in addition to
that required for the proposed or existing single-family residence.
8. For the purposes of providing service for water, sewer, or power, including a
connection fee, a junior accessory dwelling unit shall not be considered a separate
or new dwelling unit.
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F. A permit application for an accessory dwelling unit or a junior accessory dwelling unit
shall be considered and approved ministerially without discretionary review or a
hearing. The director, or his/her designee, shall act on the application within sixty (60)
days from the date the application is found complete if there is an existing single-family
or multifamily dwelling on the lot. If the permit application to create an accessory
dwelling unit or a junior accessory dwelling unit is submitted with a permit application
to create a new single-family dwelling on the lot, the director may delay acting on the
permit application for the accessory dwelling unit or the junior accessory dwelling unit
until the issuance of a building permit for the new single-family dwelling. If the
applicant requests a delay, the sixty (60)-day time period shall be tolled for the period
of the delay.
G. If an application for an accessory dwelling unit or junior accessory dwelling unit is
submitted or required to be submitted with any other applications that require or
permit ministerial or discretionary review under the code, nothing in this section
precludes the processing and review of those other applications pursuant to those other
provisions in the code.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2,
2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
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 (30%) common open area and minimum perimeter setbacks of
twenty (20) feet at any point and twenty-five (25) feet average over the entire
perimeter.
D. Individual Manufactured Homes. individual mobile homes are permitted as permanent
dwellings on single-family lots within the RVL, RL, RC, RM, and RMH districts.
E. Mobilehomes must meet 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.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord.
284 § 1, 1996)
9.60.260 Density bonuses for affordable housing.
A. Purpose and Application. The purpose of this section is to (1) establish procedures for
implementing state density bonus requirements, as set forth in California Government
Code Section 65915, as amended, (2) increase the production of affordable housing,
consistent with the city's goals, objectives, and policies and (3) implement the
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provisions of the city's general plan housing element policies and programs relating to
the provision of affordable housing. When an applicant seeks a density bonus for a
housing development, or for the donation of land for housing, within the city's
jurisdiction, the city shall provide the applicant incentives or concessions for the
production of housing units and child daycare facilities as prescribed in this section.
B. Definitions. See Chapter 9.280. Also, the following definitions shall apply to this
section:
1. "Applicant" means a developer or applicant for a density bonus pursuant to
Government Code Section 65915, subdivision (b), of the California Government
Code and subsection C of this section.
2. “Development standard” includes a site or construction condition, including, but
not limited to, a height limitation, a setback requirement, a floor area ratio, an
onsite open-space requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific plan,
charter, or other City condition, law, policy, resolution, or regulation.
3. "Housing development," means one (1) or more groups of projects for residential
units in the planned development of the city. "Housing development" also includes
a subdivision or common interest development, as defined in Section 1351 of the
California Civil Code, approved by the city and consisting of residential units or
unimproved residential lots and either a project to substantially rehabilitate and
convert an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of
Government Code Section 65863.4, where the result of the rehabilitation would be
a net increase in available residential units.
4. “Located within one-half mile of a major transit stop” means that any point on a
proposed development, for which an applicant seeks a density bonus, other
incentives or concessions, waivers or reductions of development standards, or a
vehicular parking ratio pursuant to this section, is within one-half mile of any point
on the property on which a major transit stop is located, including any parking lot
owned by the transit authority or other local agency operating the major transit
stop.
5. “Lower income student” means a student who has a household income and asset
level that does not exceed the level for Cal Grant A or Cal Grant B award
recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of
the Education Code. The eligibility of a student to occupy a unit for lower income
students under this section shall be verified by an affidavit, award letter, or letter
of eligibility provided by the institution of higher education in which the student is
enrolled or by the California Student Aid Commission that the student receives or
is eligible for financial aid, including an institutional grant or fee waiver from the
college or university, the California Student Aid Commission, or the federal
government.
6. “Major transit stop” has the same meaning as defined in subdivision (b) of Section
21155 of the Public Resources Code.
7. “Maximum allowable residential density” means the density allowed under the
zoning ordinance and land use element of the general plan, or, if a range of density
is permitted, means the maximum allowable density for the specific zoning range
and land use element of the general plan applicable to the project. If the density
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allowed under the zoning ordinance is inconsistent with the density allowed
under the land use element of the general plan, the general plan density shall
prevail.
8. "Qualified mobile home park" means a mobile home park that limits residency
based on age requirements for housing for older persons pursuant to Section
798.76 or 799.5 of the California Civil Code.
9. "Senior citizen housing development" means senior citizen housing as defined in
Sections 51.3 and 51.12 of the California Civil Code.
10. "Specific adverse impact" means any adverse impact as defined in paragraph (2),
subdivision (d), of Government Code Section 65589.5, upon public health and
safety or the physical environment, or on any real property that is listed in the
California Register of Historical Resources, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact without
rendering the housing development unaffordable to low- and moderate-income
households.
11. “Total units” or “total dwelling units” means a calculation of the number of units
that:
a. Excludes a unit added by a density bonus awarded pursuant to this section.
b. Includes a unit designated to satisfy an inclusionary zoning requirement.
C. Qualifications for Density Bonus and Incentives and Concessions.
1. The city shall grant one (1) density bonus as specified in subsection G of this
section, and incentives or concessions as described in subsection E, when an
applicant seeks and agrees to construct a housing development, excluding any
units permitted by the density bonus awarded pursuant to this section, that will
contain at least any one (1) of the following:
a. Ten percent of the total units of a housing development for rental or sale to
lower income households, as defined in Section 50079.5 of the Health and
Safety Code.
b. Five percent of the total units of a housing development for rental or sale to
very low income households, as defined in Section 50105 of the Health and
Safety Code.
c. A senior citizen housing development, as defined in Sections 51.3 and 51.12
of the Civil Code, or a mobilehome park that limits residency based on age
requirements for housing for older persons pursuant to Section 798.76 or
799.5 of the Civil Code.
d. Ten percent of the total dwelling units of a housing development are for rental
or sale to persons and families of moderate income, as defined in Section
50093 of the Health and Safety Code.
e. Ten percent of the total units of a housing development for transitional foster
youth, as defined in Section 66025.9 of the Education Code, disabled
veterans, as defined in Section 18541, or homeless persons, as defined in the
federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et
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seq.). The units described in this subparagraph shall be subject to a recorded
affordability restriction of 55 years and shall be provided at the same
affordability level as very low income units.
f. Twenty percent of the total units for lower income students in a student
housing development that meets the following requirements:
i. All units in the student housing development will be used exclusively for
undergraduate, graduate, or professional students enrolled full time at an
institution of higher education accredited by the Western Association of
Schools and Colleges or the Accrediting Commission for Community and
Junior Colleges. In order to be eligible under this subclause, the developer
shall, as a condition of receiving a certificate of occupancy, provide
evidence to the city, county, or city and county that the developer has
entered into an operating agreement or master lease with one or more
institutions of higher education for the institution or institutions to occupy
all units of the student housing development with students from that
institution or institutions. An operating agreement or master lease entered
into pursuant to this subclause is not violated or breached if, in any
subsequent year, there are not sufficient students enrolled in an
institution of higher education to fill all units in the student housing
development.
ii. The applicable 20-percent units will be used for lower income students.
iii. The rent provided in the applicable units of the development for lower income
students shall be calculated at 30 percent of 65 percent of the area median income for a
single-room occupancy unit type.
iv. The development will provide priority for the applicable affordable units for
lower income students experiencing homelessness. A homeless service
provider, as defined in paragraph (3) of subdivision (e) of Section 103577
of the Health and Safety Code, or institution of higher education that has
knowledge of a person’s homeless status may verify a person’s status as
homeless for purposes of this subclause.
For purposes of calculating a density bonus granted pursuant to this
subparagraph, the term “unit” as used in this section means one rental bed
and its pro rata share of associated common area facilities. The units
described in this subparagraph shall be subject to a recorded affordability
restriction of 55 years.
g. 100 percent of all units in the development, including total units and density
bonus units, but exclusive of a manager’s unit or units, are for lower income
households, as defined by Section 50079.5 of the Health and Safety Code,
except that up to 20 percent of the units in the development, including total
units and density bonus units, may be for moderate-income households, as
defined in Section 50053 of the Health and Safety Code.
2. As used in subsection (C)(1) of this section, the term "total units" does not include
units permitted by a density bonus awarded pursuant to this section or any other
local law granting a greater density bonus.
3. Election of Density Bonus Category. Each applicant who requests a density bonus
pursuant to this section shall elect whether the bonus shall be awarded on the
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basis of subsection a, b, c, d, e, for gof subsection (C)(1). Each housing
development is entitled to only one (1) density bonus, which may be selected
based on the percentage of either very low affordable housing units, lower income
affordable housing units or moderate income affordable housing units, or the
development's status as a senior citizen housing development, student housing
development or qualified mobile home park. Density bonuses from more than one
(1) category may not be combined.
4. Previous Density Bonuses. The density bonus provisions shall not apply to any
parcel or project area which has previously been granted increased density
through a general plan amendment, zone change or other permit to facilitate
affordable housing.
D. Continued Affordability.
1. Prior to the issuance of building permits for any dwelling unit, an applicant shall
enter into a written agreement with the city to ensure and guarantee the
continued affordability of all low and very low income units that qualified the
applicant for the award of the density bonus for a period of fifty-five (55) years or
a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program.
Rents for affordable housing units for lower income households shall be set at an
affordable rent. Owner-occupied affordable housing units shall be available at an
affordable housing cost.
a. The terms and conditions of the agreement shall run with the land, shall be
binding upon all successors in interest of the applicant, and shall be recorded
in the office of the Riverside County Recorder.
b. The agreement shall also include the following provisions:
i. The applicant shall grant the city the continuing right of refusal to
purchase or lease any or all of the designated units at fair market value;
ii. The deeds to the designated units shall contain a covenant stating that
the applicant or the applicant's successor in interest shall not sell, rent,
lease, sublet, assign, or otherwise transfer (whether voluntarily,
involuntarily or by operation of law) any interest in such unit without
written approval of the city, confirming that the sales price or lease/rent
amount of the unit is consistent with the limits established for low- and
very-low income households as adjusted by the Consumer Price Index;
and
iii. The city shall also have the authority to enter into other agreements with
the applicant or purchases or lessees of the dwelling units as may be
necessary to assume that the designated dwelling units are continuously
occupied by eligible households.
2. Prior to the issuance of building permits for any dwelling unit, an applicant shall
agree to, and the city shall ensure, that the initial occupant of moderate-income
units that are related to the receipt of the density bonus, are persons and families
of moderate income and that the units are offered at an affordable housing cost.
With respect to moderate-income units, the city shall require the applicant to enter
and shall enforce an equity-sharing agreement, unless it is in conflict with the
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requirements of another public funding source or law. The following shall apply to
the equity-sharing agreement:
a. Upon resale, the seller of the moderate-income unit shall retain the value of
any improvements, the down payment, and the seller's proportionate share of
appreciation. The city shall recapture any initial subsidy and its proportionate
share of appreciation, which shall then be used within five (5) years for any of
the purposes that promote homeownership as described in subdivision (e) of
Section 33334.2 of the California Health and Safety Code.
b. For purposes of this subsection (D)(2), the city's initial subsidy shall be equal
to the fair market value of the moderate-income unit at the time of initial sale
minus the initial sale price to the moderate-income household, plus the
amount of any down payment assistance or mortgage assistance. If upon
resale the market value is lower than the initial market value, then the value
at the time of the resale shall be used as the initial market value.
c. For purposes of this subsection (D)(2), the city's proportionate share of
appreciation shall be equal to the ratio of the initial subsidy to the fair market
value of the moderate-income unit at the time of initial sale.
d. The applicant shall grant the city a right of first refusal to purchase any or all
of the designated units at fair market value, which right of first refusal shall
apply to subsequent sellers.
E. Incentives and Concessions.
1. An applicant for a density bonus may also submit to the city a proposal for specific
incentives or concessions in exchange for the provision of affordable housing units
in accordance with this section. The applicant may also request a meeting with the
city to discuss such proposal. The city shall grant the concession or incentive
requested by the applicant unless the city makes a written finding, based upon
substantial evidence, of either of the following:
a. The concession or incentive is not required in order to provide for affordable
housing costs or for rents for the targeted units to be set as specified in
subsection D of this section (i.e., the applicant is unable to demonstrate that
the waiver or modification is necessary to make the housing units
economically feasible); or
b. The concession or incentive would have a specific adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and
Safety Code, upon public health and safety or the physical environment or on
any real property that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact without rendering the development
unaffordable to low- and moderate-income households.
c. The concession or incentive would be contrary to state or federal law.
2. If the conditions of subsection C and subsection 1 of this subsection E are met by
an applicant, the city may grant an applicant applying for incentives or concessions
the following number of incentives or concessions:
a. One (1) incentive or concession for housing developments that include: At
least ten percent (10%) of the total units affordable to lower income
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households; or at least five percent (5%) of the total units affordable to very
low income households; or at least ten percent (10%) of the total units
affordable to persons and families of moderate income in a development in
which the units are for rental or sale.
b. Two (2) incentives or concessions for housing developments that include: At
least seventeen percent (17%) of the total units affordable to lower income
households; or at least ten percent (10%) of the total units affordable to very
low income households; or at least twenty percent (20%) of the total units
affordable to persons and families of moderate income in a development in
which the units are for rental or sale.
c. Three (3) incentives or concessions for housing developments that include: At
least twenty-four percent (24%) of the total units for lower income
households; or at least fifteen percent (15%) for very low income households;
or at least thirty percent (30%) for persons and families of moderate income
in a development in which the units are for rental or sale.
d. Four (4) incentives of concessions if the project includes 100% affordable
housing units, excluding the manager’s unit. If the project is within one-half
mile of a major transit stop, the applicant shall also receive a height increase
of up to three additional stories, or 33 feet.
e. One incentive or concession for projects that include at least twenty (20)
percent of the total units for lower income students in a student housing
development.
3. For the purposes of this section, available concessions or incentives may include
any of the following:
a. A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum
building standards approved by the California Building Standards Commission
as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the
California Health and Safety Code, including, but not limited to, a reduction in
setback and square footage requirements and in the ratio of vehicular parking
spaces that would otherwise be required that results in identifiable, financially
sufficient, and actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing development if
commercial, office, industrial, or other land uses will reduce the cost of the
housing development and if the commercial, office, industrial, or other land
uses are compatible with the housing project and the existing or planned
development in the area where the proposed housing development will be
located.
c. Other regulatory incentives or concessions proposed by the applicant or the
city that result in identifiable, financially sufficient, and actual cost reductions.
d. For purposes of this section, the parking ratios set forth in Government Code
Section 65915 (and subsection K of this section) for qualified affordable
housing projects shall be deemed a concession or incentive available to the
applicant.
4. This subsection does not limit or require the provision of direct financial incentives
for the housing development, including the provision of publicly-owned land, by
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the city or the waiver of fees or dedication requirements. Nor does any provision of
this subsection require the city to grant an incentive or concession found to have a
specific adverse impact.
5. The granting of a concession or incentive shall not be interpreted, in and of itself,
to require a general plan amendment, zoning change, or other discretionary
approval.
6. The application and review process for a proposal of incentives and concessions is
set forth in subsection L of this section.
F. Waiver/Modification of Development Standards.
1. Applicants may, by application, seek a waiver, modification or reduction of
development standards that will otherwise preclude or inhibit the use of density
bonus units in a housing development at the densities or with the concessions or
incentives permitted by this section. The applicant may also request a meeting
with the city to discuss such request for waiver/modification. In order to obtain a
waiver/modification of development standards, the applicant shall show that (a)
the waiver or modification is necessary to make the housing units economically
feasible, and (b) that the development standards will have the effect of precluding
the construction of a housing development meeting the criteria of subsection
(C)(1), at the densities or with the concessions or incentives permitted by this
section.
2. Nothing in this subsection shall be interpreted to require the city to waive, modify
or reduce development standards if the wavier, modification or reduction would
have a specific adverse impact.
3. The application and review process for a waiver/modification of development
standards is set forth in subsection L of this section.
4. Waiver or Reduction of Development Standards.
a. In no case may the city apply any development standard that will have the
effect of physically precluding the construction of a development meeting the
criteria of subsection C at the densities or with the concessions or incentives
permitted by this section. An applicant may submit to the city a proposal for
the waiver or reduction of development standards that will have the effect of
physically precluding the construction of a development meeting the criteria
of subsection C at the densities or with the concessions or incentives
permitted under this section, and may request a meeting with the city. If a
court finds that the refusal to grant a waiver or reduction of development
standards is in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this subdivision shall
be interpreted to require the city to waive or reduce development standards if
the waiver or reduction would have a specific, adverse impact, as defined in
paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or
the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this
subdivision shall be interpreted to require the city to waive or reduce
development standards that would have an adverse impact on any real
property that is listed in the California Register of Historical Resources or to
grant any waiver or reduction that would be contrary to state or federal law.
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b. A proposal for the waiver or reduction of development standards pursuant to
this subdivision shall neither reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant to subsection C.
G. Specified Density Bonus Percentages. Only housing developments consisting of five (5)
or more dwelling units are eligible for the density bonus percentages provided by this
subsection. The amount of density bonus to which the applicant is entitled shall vary
according to the amount by which the percentage of affordable housing units exceeds
the percentage established in subsection (C)(1).
1. For housing developments meeting the criteria of subsection (C)(1)(a), the density
bonus shall be calculated as follows:
Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
2. For housing developments meeting the criteria of subsection (C)(1)(b), the density
bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
3. For housing developments meeting the criteria of subsection (C)(1)(c) and (e), the
density bonus shall be twenty percent (20%).
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4. For housing developments meeting the criteria of subsection (C)(1)(f), the density
bonus shall be thirty-five percent (35%).
5. For housing development meeting the criteria of subsection (C)(1)(g), the
following shall apply:
i. The density bonus shall be 80 percent of the number of units for lower income
households.
ii. If the housing development is located within one-half mile of a major transit
stop, the city shall not impose any maximum controls on density.
4. For housing developments meeting the criteria of subsection (C)(1)(d), the density
bonus shall be calculated as follows:
Percentage Moderate Income Units Percentage Density Bonus
10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
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44 50
5. An applicant may elect to accept a lesser percentage of density bonus than that to
which the applicant is entitled under this section. All density bonus calculations
resulting in a fractional number shall be rounded upwards to the next whole
number. The granting of a density bonus shall not be interpreted, in and of itself,
to require a general plan amendment, zoning change, or other discretionary
approval.
6. For the purpose of calculating a density bonus, the residential units do not have to
be based upon individual subdivision maps or parcels. The density bonus shall be
permitted in geographic areas of the housing development other than the areas
where the units for the lower income households are located.
7. The application and review process for a density bonus as provided by this section
is set forth in subsection L of this section.
H. Land Donation. When a developer of a housing development donates land to the city as
provided for in this subsection, the applicant shall be entitled to a fifteen percent (15%)
increase above the otherwise maximum allowable residential density under the
applicable zoning ordinance and land use element of the general plan for the entire
housing development, as follows:
Percentage Very Low Income Units Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
This increase shall be in addition to any increase in density mandated by subsection C, up to
a maximum combined mandated density increase of thirty-five percent (35%), if an
applicant seeks both the increase required pursuant to this subsection and subsection C. All
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density calculations resulting in fractional units shall be rounded up to the next whole
number. Nothing in this subsection shall be construed to enlarge or diminish the city's
authority to require an applicant to donate land as a condition of development.
1. An applicant shall be eligible for the increased density bonus described in this
section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the date of
approval of the final subdivision map, parcel map, or residential development
application.
b. The developable acreage and zoning classification of the land being
transferred are sufficient to permit construction of units affordable to very low
income households in an amount not less than ten percent (10%) of the
number of residential units of the proposed development.
c. The transferred land is at least one (1) acre in size or of sufficient size to
permit development of at least forty (40) units, has the appropriate general
plan designation, is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and
infrastructure. The land shall have appropriate zoning and development
standards to make the development of the affordable units feasible. No later
than the date of approval of the final subdivision map, parcel map, or
development application for the housing development, the transferred land
shall have all of the permits and approvals, other than building permits,
necessary for the development of very low income housing units on the
transferred land, except that the city may subject the proposed development
to subsequent design review to the extent authorized by subdivision (i) of
Government Code Section 65583.2 if the design is not reviewed by the local
government prior to the time of transfer.
d. The transferred land and the very low income units constructed on the land
will be subject to a deed restriction ensuring continued affordability of the
units consistent with this section, which restriction will be recorded on the
property at the time of dedication.
e. The land is transferred to the city or to a housing developer approved by the
city. The city may require the applicant to identify and transfer the land to
such city-approved developer.
f. The transferred land shall be within the boundary of the proposed
development or, if the city agrees in writing, within one-quarter (¼) mile of
the boundary of the proposed development.
g. A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the final subdivision map, parcel map,
or residential development application.
2. The application and review process for a donation of land and related density
bonus is set forth in subsection L of this section.
I. Child Daycare Facilities.
1. When an applicant proposes to construct a housing development that includes
affordable units as specified in subsection C and includes a child daycare facility
that will be located on the premises of, as part of, or adjacent to such housing
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development, the city shall grant either of the following if requested by the
developer.
a. An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the child
daycare facility.
b. An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the child daycare facility.
2. A housing development shall be eligible for the density bonus or concession
described in this subsection if the city, as a condition of approving the housing
development, requires all of the following to occur:
a. The child daycare facility will remain in operation for a period of time that is
as long as or longer than the period of time during which the affordable
housing units are required to remain affordable pursuant to subsection D.
b. Of the children who attend the child daycare facility, the percentage of
children of very low income households, lower income households, or
moderate income households shall be equal to or greater than the percentage
of affordable housing units that are proposed to be affordable to very low
income households, lower income households, or moderate income
households.
c. Notwithstanding any requirement of this subsection, the city shall not be
required to provide a density bonus or concession for a child daycare facility if
it finds, based upon substantial evidence, that the community already has
adequate child daycare facilities.
3. The application and review process for the provision of child daycare facilities and
related density bonus or concessions or incentives is set forth in subsection L of
this section.
J. Condominium Conversions. Any developer converting condominiums of a housing
development of five (5) units or more who seeks a density bonus, shall make such
application in conjunction with its tract map application pursuant to the Subdivision
Map Act, Section 9.60.260 of this code and consistent with Government Code Section
65915.5. Any appeal of any concession or incentive or review by the planning
commission or city council shall automatically require an appeal of the underlying map
to that body. An applicant shall be ineligible for a density bonus or other incentives
under this section if the apartments proposed for conversion constitute a housing
development for which a density bonus or other incentives were provided under
Government Code Section 65915.
K. By-Right Parking Incentives. Housing developments meeting any of the criteria of
subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of
handicapped and guest parking, which shall apply to the entire development, not just
the restricted affordable units, when requested by a developer:
1. Zero (0) to one (1) bedroom dwelling unit: one (1) onsite parking space;
2. Two (2) to three (3) bedrooms dwelling unit: one and one-half (1½) onsite
parking spaces;
3. Four (4) or more bedrooms: two and one-half (2½) parking spaces.
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If the total number of spaces required results in a fractional number, it shall be rounded up
to the next whole number. For purposes of this subsection, a development may provide
"onsite parking" through tandem parking or uncovered parking, but not through on-street
parking.
If a development includes at least 20 percent low-income units or at least 11 percent very
low income units and is located within one-half mile of a major transit stop, and there is
unobstructed access to the major transit stop from the development, then, upon the
request of the developer, the city shall not impose a vehicular parking ratio, inclusive of
parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
If a development includes at least 40 percent moderate-income units and is located within
one-half mile of a major transit stop, and the residents of the development have
unobstructed access to the major transit stop from the development then, upon the request
of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for
persons with a disability and guests, that exceeds 0.5 spaces per bedroom.
For purposes of this subdivision, “unobstructed access to the major transit stop” means a
resident is able to access the major transit stop without encountering natural or
constructed impediments. For purposes of this subparagraph, “natural or constructed
impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of
water, but does not include residential structures, shopping centers, parking lots, or rails
used for transit.
If a development consists solely of rental units, exclusive of a manager’s unit or units, with an
affordable housing cost to lower income families, then, upon the request of the developer,
the city shall not impose vehicular parking standards if the development meets either of the
following criteria:
a. The development is located within one-half mile of a major transit stop and there is
unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 62 years of
age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the
development has either paratransit service or unobstructed access, within one-half
mile, to fixed bus route service that operates at least eight times per day.
If a development consists solely of rental units, exclusive of a manager’s unit or units, with
an affordable housing cost to lower income families, and the development is either a special
needs housing development, as defined in Section 51312 of the Health and Safety Code, or a
supportive housing development, as defined in Section 50675.14 of the Health and Safety
Code, then, upon the request of the developer, the city shall not impose any minimum
vehicular parking requirement. A development that is a special needs housing development
shall have either paratransit service or unobstructed access, within one-half mile, to fixed
bus route service that operates at least eight times per day.
L. Application and Review Procedures.
1. A written application for a density bonus, incentive, concession, waiver, or
modification pursuant to this section shall be submitted with the first application
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that is submitted for approval of a housing development and processed
concurrently with all other applications required for the housing development.
Notwithstanding any other requirements, affordable housing projects processed
under this section shall require approval of a conditional use permit, subject to the
requirements of Government Code Section 65589.5(d). The application shall be
submitted on a form prescribed by the city and shall include at least the following
information:
a. Site plan showing total number of units, number and location of affordable
housing units, and number and location of proposed density bonus units.
b. Level of affordability of affordable housing units and proposals for ensuring
affordability.
c. A specific description of any requested incentives, concessions, waivers or
modifications of development standards, or modified parking standards. The
application shall include evidence that the requested incentives and
concessions are required for the provision of affordable housing costs and/or
affordable rents, as well as evidence relating to any other factual findings
required under subsection E.
d. If a density bonus or concession is requested in connection with a land
donation, the application shall show the location of the land to be dedicated
and provide evidence that each of the findings included in subsection H can be
made.
e. If a density bonus or concession/incentive is requested for a childcare facility,
the application shall show the location and square footage of the child daycare
facilities and provide evidence that each of the findings included subsection I
can be made.
2. An application for a density bonus, incentive or concession pursuant to this section
shall be considered by and acted upon by the approval body with authority to
approve the housing development and subject to the same administrative appeal
procedure, if any. In accordance with state law, neither the granting of a
concession, incentive, waiver, or modification nor the granting of a density bonus
shall be interpreted, in and of itself, to require a general plan amendment, zoning
change, variance, or other discretionary approval.
3. For housing developments requesting a waiver, modification or reduction of a
development standard, an application pursuant to this subdivision shall be heard
by the planning commission. A public hearing shall be held by the planning
commission and the commission shall issue a determination. Pursuant to
Government Code Section 65915, the planning commission shall approve the
requested waiver/modification or reduction of development standards, unless one
(1) of the following conditions applies:
a. The waiver/modification is not required to make the proposed affordable
housing units feasible; or
b. The waiver/modification will have a specific adverse impact.
The decision of the planning commission may be appealed to the city council in the
manner provided in Section 9.200.120 of the La Quinta Municipal Code.
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4. Notice of any city determination pursuant to this section shall be provided to the
same extent as required for the underlying development approval.
Chapter 9.80 NONRESIDENTIAL PERMITTED USES
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
(1) 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
P = Permitted use
A = Accessory use
C = Conditional use permit
M = Minor use permit
T = Temporary use permit
X = Prohibited use Regional CommercialCommercial ParkCommunity CommercialNeighborhood CommercialTourist CommercialOffice CommercialMajor CommunityVillage CommercialLand 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
P A P P A A X P
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hours/day2
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
Showroom/catalog 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, dentists,
optometrists, chiropractors and similar
practitioners, 3 or fewer offices in one
building
P P P P P P X P
Medical centers/clinics—four or more offices
in one building
P X P C X P X P
Surgicenters/medical 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
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
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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
district permitted uses, Chapter 9.120)
X X X X A X X X
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 recreation
centers
M M M M M M X M
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- M M M M M M M M
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location, mounted to existing facility) subject
to Chapter 9.170
Electrical substations X M X X X X M X
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 Section 9.100.160
M M M M M M M M
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 and homeless shelters and Low
Barrier Navigation Centers
P P P P P P P X
Transitional and supportive housing 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 ownership/membership
parks
X X X X M X X X
Resort residential, subject to Section
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), P P P M X X X M
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and electric scooter sales
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 sales/service, muffler,
brake, lube and tune-up services
C C C X X X X X
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/distribution centers, general
warehouses with no sales to consumers
C P X X X X X X
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/storage 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
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 M M M M M M M M
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Section 9.100.100
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
employees or businesses, such as child day
care, cafeterias and business support uses
A A A A A A A A
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
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.
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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.
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. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 4, 2016; Ord.
523 § 1, 2015; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2,
2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006; Ord. 414 § 1, 2005;
Ord. 397 § 1, 2004; Ord. 325 § 1, 1998; Ord. 307 § 1, 1997; Ord. 299 § 1, 1997; Ord. 284
§ 1, 1996)
Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL
REGULATIONS
9.100.280 Emergency and homeless shelters, Low Barrier Navigation
Centers.
A. Purpose.
1. To ensure the zoning code facilitates emergency and homeless shelters under the
Housing Accountability Act (California Government Code Section 65589.5) and in
accordance with the requirements set forth in California Government Code Section
65583, as amended.
2. To provide zoning, development, and management procedures for emergency and
homeless shelters.
3. To implement the city's general plan housing element policies and programs
relating to the provision of emergency and homeless shelters.
B. Definitions. See Chapter 9.280.
C. Development Standards.
1. The maximum capacity of an emergency or homeless shelter shall be twenty (20)
beds or persons.
2. On site management and security shall be provided on a twenty-four (24)-
hour/seven (7) day per week basis.
3. Residency in an emergency or homeless shelter shall be limited to six (6) months
or less per individual.
D. Low Barrier Navigation Centers: A Low Barrier Navigation Center development is a use
by right in areas zoned for mixed use and nonresidential zones permitting multifamily
uses, if it meets the following requirements:
1. It offers services to connect people to permanent housing through a services plan
that identifies services staffing.
2. It is linked to a coordinated entry system, so that staff in the interim facility or staff
who co-locate in the facility may conduct assessments and provide services to
connect people to permanent housing. “Coordinated entry system” means a
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centralized or coordinated assessment system developed pursuant to Section
576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal
Regulations, as those sections read on January 1, 2020, and any related
requirements, designed to coordinate program participant intake, assessment, and
referrals.
3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the
Welfare and Institutions Code.
4. It has a system for entering information regarding client stays, client demographics,
client income, and exit destination through the local Homeless Management
Information System as defined by Section 578.3 of Title 24 of the Code of Federal
Regulations.
Chapter 9.110 SPECIAL PURPOSE/OVERLAY DISTRICTS
9.110.100 AHO Affordable Housing Overlay District.
A. Purpose and Intent.
1. To permit the development of affordable housing at higher densities within
commercial zones and other specified residential sites while maintaining
consistency with underlying base land use designations.
2. To provide increased and enhanced housing opportunities for low and very low
income residents.
3. To accommodate the city's regional housing need.
4. To encourage lot consolidation and maximize the housing potential of vacant and
underutilized sites.
5. To provide mixed use nodes that minimize vehicle trips and enhance proximity to
services and mass transit, consistent with implementation measures CI-13 and
ND-4 of the city's greenhouse gas reduction plan, as well as transportation
demand management principles.
6. To allow owner-occupied and rental multi-family residential units by right for
developments with at least 20% of the units affordable to low, very low or
extremely low income households at a density of at least 20 units per acre, and at
least 16 units per site, consistent with Government Code Section 65583.2(h) and
(i).
B. Development Standards. See Table 9-9. In addition:
1. Density: Minimum 20 units per acre; maximum 36 units per acre.
2. Minimum livable floor area excluding garage shall be six hundred (600) square
feet.
3. Minimum common area open space shall be thirty percent (30%).
C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP,
CN, CR, and VC districts and other sites identified on the official zoning map.
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(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013)
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Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT
STANDARDS
9.130.010 Table of development standards.
Table 9-9 contains standards for development of property within special purpose districts:
Table 9-9 Special Purpose District Development Standards
District
Development
Standard
PR GC OS FP HC EOD AHO A/ER MU
Minimum building
site
n/a n/a n/a * 20,00
0 sf
*** 1 acre 10,000
sf/20,00
0 sf
multifa
mily
1
acr
e
Minimum lot
frontage
n/a n/a n/a n/a 100
ft.
n/a 100 100 n/
a
Maximum structure
height (ft.)1
28 28 28 * 28 *** 40 28 **
*
Maximum lot
coverage
n/a n/a n/a n/a 30% n/a 60% 40% **
*
Maximum number
of stories
2 2 2 * 2 *** 4 2 **
*
Minimum setbacks n/a n/a n/a n/a Front:
30
Int./E
xt.
Side:
10/20
Rear:
30
n/a Front:
10
Int./E
xt.
Side:
5/5
Rear:
10
Front:
30
Garage:
20
Side:
20
Rear:
30
**
*
Minimu
m
perime
ter
buildin
g/
landsca
pe
setbac
ks
(ft.)2, t4
From
Highway
111 right-
of-way
50/
50
50/
50
50/
50
50/
50
50/50 50/
50
n/a *** **
*
From
perimeter
street
ROWs
30 30 30 * 10′
min,
20′
avera
ge
*** 10 20 **
*
From all
image
corridor3
rights-of-
30/
20
30/
20
30/
20
30/
20
30/20 30/
20
*** *** **
*
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way
(except
Hwy 111)
and from
all major
and
primary
arterials
From
abutting
residential
property
or districts
30 30 30 * ** *** *** *** **
*
From
abutting
commerci
al and
other
nonreside
ntial
property
or districts
20 20 20 * ** *** *** *** **
*
Minimum setback
from interior
property lines
within the same
project4
0 0 0 * ** *** *** *** **
*
Parking and signs See Chapters 9.150 and 9.160
Fences and walls See Section 9.100.030
Landscaping and
screening
See Sections 9.100.040 and 9.100.050
Notes:
* As required for needed flood control structures.
** As provided in the HC supplemental regulations, Section 9.140.040.
*** As provided in the underlying base district regulations, subject to the additional requirements of the overlay
district in Chapter 9.140.
1 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all
buildings within 150 feet of any General Plan image corridor and major or primary arterials. Any proposed
building height over 22 feet requires minor use permit approval and shall not exceed a maximum building
height of the existing zone.
2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum
landscaped setback from the street right-of-way. The remaining building setback may contain parking,
driveways and similar facilities.
3 The image corridors as identified in the General Plan.
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4 In the AHO, for interior yards, 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. 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.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 445 § 4,
2007; Ord. 284 § 1, 1996)
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Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE
REGULATIONS
9.140.080 AHO affordable housing overlay regulations.
A. Applicability. The AHO overlay district and the provisions of this section apply to all
areas of the city containing the "AHO" overlay designation on the official zoning map.
These include the CC, CP, NC, CR, and VC commercial zones, and other sites, as
designated on the zoning map. These regulations shall apply in addition to the
regulations of the underlying base district. In case of conflict between the base district
and the AHO regulations, the AHO regulations shall control.
B. Definitions. See Chapter 9.280.
C. Permitted Uses. See Section 9.120.020.
1. Any use permitted, either expressly or by conditional use permit, in the underlying
zone;
2. Affordable housing residential units on lots one (1) acre or greater in size,
including those that are stand-alone, next to, and/or above nonresidential uses.
D. Development Standards, All Residential Uses. See Section 9.130.010.
(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013)
9.140.100 Agricultural/equestrian overlay.
A. Permitted Uses.
Table 9-10 Permitted Uses in the Agricultural/Equestrian Residential District
LAND USE
Residential Uses
Single-family detached dwellings P
Farmworker housing C
Mobile home parks C
Mobile home subdivisions and mobilehomes or manufactured homes on
individual lots
P
Child daycare facilities as an accessory use, serving 8 or fewer children,
subject to Section 9.60.190
A
Child daycare facilities as an accessory use, serving 9—14 children, subject
to Section 9.60.190
M
Caretaker's residence P
Open Space and Recreational Uses
Public parks playfields and open space P
Bicycle, equestrian and hiking trails P
Tennis court or other game court as an accessory use associated with a
private residence
P
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Tennis court or other game court for public use M
Golf course and country club, with or without driving range P
Driving range with or without lights C
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110 H
Patio covers, decks and gazebos, subject to Section 9.60.040 A
Fences and walls, subject to Section 9.60.030 A
Satellite dishes and other antennas subject to Section 9.60.080 A
Swimming pools, spas and cabanas, subject to Section 9.60.070 A
Guest houses, subject to Section 9.60.010 M A
Second units, "granny flats" and employee quarters, subject to Section
9.60.090 M
A
Garages and carports, subject to Section 9.60.060 A
Keeping of animals, subject to Section 9.60.120 A
Equestrian and Agricultural Uses
Stables, private P
Stables, commercial or riding academy C
Polo grounds, including stables, clubhouse C
Veterinary offices and hospitals C
The grazing and breeding of cattle, horses, llamas, or other farm stock or
animals, not including hogs, not to exceed five animals per acre of all the
land available
P
The grazing and breeding of sheep or goats, not to exceed 15 animals per
acre of all land available
P
Farms for rabbits, fish, frogs, chinchilla or other small animals P
Nurseries, greenhouses, orchards, aviaries, apiaries P
Tree crop farming P
Field crop or turf farming P
Winery and incidental uses with established vineyard P
Produce stands, subject to Section 9.100.100 P
The drying, packing, canning, freezing and processing of produce resulting
from permitted uses when such activity is conducted within permanent
buildings and structures
P
Noncommercial raising of hogs, not to exceed two per acre P
Community auctions and sales yards (2-acre minimum) C
Feed stores C
Kennels and catteries, 5 to 10 animals M
Kennels and catteries, 10 to 25 animals on 1-acre minimum C
Menageries C
Commercial composting facilities C
Other Uses
Guest ranches and bed and breakfasts C
Restaurants C
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Fraternal lodge halls C
Churches, temples and other places of worship C
Schools C
Libraries C
Public utility facilities P
Communication towers and equipment subject to Chapter 9.170 C
B. Designation on Zoning Map. When the A/ER overlay district is used, the zoning
designation on the official zoning map shall consist of the base district symbol followed
by the overlay district symbol enclosed in parentheses. For example, RL (A/ER).
C. Development Standards, Residential Uses. See Table 9-9.
D. Development Standards, All Nonresidential Uses.
1. All buildings shall be limited to two (2) stories in height and a maximum of thirty-
five (35) feet, measured from the finished Grade 6 of the pad.
2. Setbacks. The following minimum setbacks shall apply from the property line:
Pasture: zero (0) feet
Accessory buildings: twenty (20) feet
Accessory structures: twenty (20) feet
Manure storage: twenty-five (25) feet
3. Fencing. Properties containing one (1) or more uses may be fenced to a maximum
of six (6) feet. Permitted fencing materials include chain link, cement block, wood,
wrought iron or tubular steel. Razor wire or concertina wire is permitted for those
uses listed under "Equestrian and Agriculture Uses" in Table 9-10.
4. Parking. Parking shall be provided as required by Chapter 9.150.
5. Lighting. All lighting shall comply with Sections 9.60.160 and 9.100.150.
6. Loudspeakers. Loudspeaker systems or other amplified sound are limited to
operation or use between 8:00 a.m. and 10:00 p.m. unless otherwise specified by
an approved conditional use permit.
E. "Right to Farm" Intent and Policies.
1. Intent. It is the intent of the city to conserve, protect and encourage the
development, improvement, and continued viability of its agricultural land and
industries for the long-term production of food and other agricultural products, and
for the economic well-being of the city's residents. It is also the intent of the city
to balance the rights of farmers to produce food and other agricultural products
with the rights of non-farmers who own, occupy, or use land within or adjacent to
agricultural areas. It is the intent of this section is to reduce the loss to the area of
its agricultural resources by limiting the circumstances under which agricultural
operations may be deemed to constitute a nuisance. Nothing in this chapter shall
be construed to limit the right of any owner of real property to request that the
city consider a change in the zoning classification of his or her property in
accordance with the procedures set forth in the La Quinta Development Code.
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2. Policies.
a. No agricultural activity, operation, or facility, or appurtenances thereof, in a
manner consistent with proper and accepted customs and standards, as
established and followed by similar agricultural operations in the same
locality, shall be or become a nuisance, private or public, due to any changed
condition in or about the locality, after the same has been in operation for
more than three (3) years if it was not a nuisance at the time it began.
b. This section shall not invalidate any provision contained in the Health and
Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7
(commencing with Section 13000) of the Water Code of the State of
California, if the agricultural activity, operation, or facility, or appurtenances
thereof, constitutes a nuisance, public or private, as specifically defined or
described in any such provision.
3. This section is not to be construed so as to modify abridge the state law set out in
the California Civil Code relative to nuisances, but rather it is only to be utilized in
the interpretation and enforcement of the provisions of county ordinances and
regulations.
F. Notice to Buyers of Land.
1. The director shall cause the following notice to be included on all tentative land
division proposed that lies partly or wholly within, or within three hundred (300)
feet of any land zoned for primarily agricultural purposes:
Lot(s) No. _______, as shown on this map, is (are) located partly or wholly
within, or within three hundred (300) feet of land zoned for primarily agricultural
purposes by the County of Riverside and the City of La Quinta. It is the declared
policy of the City of La Quinta that no agricultural activity, operation, or facility, or
appurtenances thereof, conducted or maintained for commercial purposes in the
city, and in a manner consistent with proper and accepted customs and standards,
as established and followed by similar agricultural operations in the same locality,
shall be or become a nuisance, private or public, due to any changed condition in
or about the locality, after the same has been in operation for more than three (3)
years, if it was not a nuisance at the time it began. The term "agriculture activity,
operation, or facility, or appurtenances thereof" includes all uses permitted in the
Agricultural Overlay District, and includes, but is not limited to, equestrian
activities, the cultivation and tillage of the soil, dairying, the production,
cultivation, growing, and harvesting of any agricultural commodity, including
timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing
animals, fish, or poultry, and any practices performed by a farmer or on a farm as
incident to or in conjunction with such farming operations, including preparation
for market, delivery to storage or to market, or to carriers for transportation to
market.
2. The city engineer shall cause the notice described in paragraph 1 of this subsection
to be included on any final land division proposed for recordation that lies partly or
wholly within, or within three hundred (300) feet of, any land zoned for primarily
agricultural purposes.
G. Preservation of Agricultural Land Uses in Perpetuity. Any land owner wishing to
continue a land use listed in Table 9-10, Permitted Uses in the Agricultural/Equestrian
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Residential District, may, at any time, exercise his or her rights under Chapter 9.190,
Transfer of Development Rights.
(Ord. 550 § 1, 2016; Ord. 489 § 1, 2011; Ord. 368 § 1, 2002)
Chapter 9.150 PARKING
9.150.070 Spaces required by use.
A. Land Uses Not Listed. If no provisions for the required number of off-street parking
spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not
clear for a specific use, the decision-making authority for the applicable use or project
shall determine the number of parking spaces required.
B. Parking for Residential Land Uses. Table 9-11 contains the minimum number of parking
spaces required for each type of residential land use. Whenever any commercial or
industrial use is located on a building site that is also used for residential purposes,
parking facilities shall be provided in conformance with Section 9.150.070 (Shared
Parking).
C. Parking for Nonresidential Land Uses.
1. Adequate Parking Required. All nonresidential land uses shall provide off-street
parking in compliance with this subsection and with Table 9-12 unless modified by
the provisions contained in Section 9.150.050. Table 9-12 sets forth the minimum
and maximum requirements for each use. It shall be the responsibility of the
developer, owner or operator of any use to provide adequate off-street parking.
2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9-
12, bicycle parking shall be provided for certain nonresidential uses in accordance
with subsection (C)(3) of this section.
Table 9-11 Parking for Residential Land Uses
Land Use Minimum Off-Street
Parking Requirement
Additional
Requirements
Single-family detached,
single-family attached and
duplexes
2 spaces per unit in a
garage plus 0.5 guest
spaces per unit if no on-
street parking is available
For all single-family
residential zones except
RC, parking in excess of
the minimum required
may be tandem
In a garage, tandem
parking may be used to
meet the above-stated
minimum required parking
in the RC district only
Employee quarters 1 space per unit. This
space shall not be
tandem.
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Apartments, townhomes
and condominiums:
All parking spaces shall be
distributed throughout the
site to ensure reasonable
access to all units.
(1) Studio 1 covered space per unit,
plus 0.5 guest spaces per
unit
(2) One- and two-
bedroom
2 covered spaces per unit
plus 0.5 guest spaces per
unit
(3) Three or more
bedroom
3 covered spaces per unit
plus 0.5 covered spaces
per each bedroom over
three, plus 0.5 guest
spaces per unit
Mobilehome parks 2 covered spaces/unit,
which may be in tandem,
plus 0.5 guest spaces per
unit
Senior housing (excluding
single family units)
1 covered space per unit,
plus 0.5 guest spaces per
unit
Senior group
housing/senior citizen
hotels and congregate
care facilities
0.5 covered spaces per
unit plus 0.5 guest spaces
per unit
Lodging and Child Daycare Uses
Bed and breakfast inns 1 space per guest room
plus parking for residents
as required by this code.
Boardinghouse,
roominghouse, and single
room occupancy hotels
1 space per sleeping room
Child daycare centers,
including preschools and
nursery schools
1 space per staff member
plus 1 space per 5
children. Parking credit
may be given if queuing
area for more than 4 cars
is provided, but resulting
parking shall be not less
than 1 per staff member
plus 1 per 10 children
Stacking analysis may be
required to define a drop-
off facility that
accommodates at least 4
cars in a continuous flow,
preferably one-way, to
safely load and unload
children
Recreational vehicle parks 1 automobile parking
space on each recreational
vehicle lot plus 1 space
per 20 recreational lots for
visitors
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Table 9-12 Parking for Nonresidential Land Uses
Land Use Minimum Off-
Street Parking
Requirement
Maximum Off-
Street Parking
Requirement
Additional
Requirements
Commercial Uses
Bars and cocktail
lounges
1 space per 50
sq. ft. GFA
including
indoor/outdoor
seating areas
(see also
Restaurants)
1 space per 25
sq. ft. GFA
including
indoor/outdoor
seating areas
(see also
Restaurants)
Lumberyards and
nurseries
1 space per
1,000 sq. ft.
GFA indoor area,
plus 1 space per
1,000 sq. ft. of
outdoor display
or sale area
1 space per 500
sq. ft. GFA
indoor area, plus
1 space per
1,000 sq. ft. of
outdoor display
or sale area
Model home
complexes
10 spaces N/A
Personal service
establishments
3 spaces per
1,000 s.f.
4 spaces per
1,000 s.f.
Restaurants:
(1) Conventional sit-
down, including any
bar area
1 space per 125
sq. ft. GFA
including indoor
and outdoor
seating areas
1 space per 75
sq. ft. GFA
including indoor
and outdoor
seating areas
(2) Drive-through
and fast food
1 space per 100
sq. ft. GFA,
including indoor
and outdoor
seating areas,
but not less than
10 spaces.
N/A
(1) General retail
uses under 100,000
sq. ft. GFA
1 space per 300
sq. ft. GFA
1 space per 250
sq. ft. GFA
For shopping
centers,
freestanding
restaurants and (2) General retail 1 space per 350 1 space per 300
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uses 100,000 sq. ft.
GFA and greater
sq. ft. GFA sq. ft. GFA non-
freestanding
restaurant space
in excess of
20% of the total
shopping center
GFA shall be
computed
separately using
the applicable
restaurant
parking ratio(s)
Furniture and
appliance stores
1 space per
1000 sq. ft. GFA
1 space per 750
sq. ft. GFA
Warehouses, storage
buildings or
structures used
exclusively for
storage
1 space per
2,000 sq. ft. of
gross area for
storage
purposes
1 space per
1,000 sq. ft. of
gross area for
storage
purposes
Mini-storage
facilities
1 space per
5,000 sq. ft.
plus 2 spaces for
any caretaker's
unit
N/A
Office and Health Care Uses
Convalescent
hospitals, nursing
homes, children's
homes and
sanitariums
1 space per 4
beds based on
the resident
capacity of the
facility as listed
on the required
license or permit
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure See
also senior
group housing
(senior citizen
hotels) under
residential uses
General offices,
other than medical,
dental, banks,
savings and loans,
credit unions and
similar financial
1 space per 300
sq. ft. GFA
1 space per 250
sq. ft. GFA
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure Rates
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institutions are for office
uses only. If
ancillary uses
are included,
such as
restaurants or
retail
establishments,
parking for such
uses must be
provided per
their applicable
rates
Hospitals 1.75 spaces per
bed
Medical or dental
offices/clinics
1 space per 200
sq. ft. GFA
1 space per 175
sq. ft. GFA
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure
Veterinary hospitals
and clinics
1 space per 400
sq. ft. GFA
exclusive of
overnight
boarding areas
1 space per 300
sq. ft. GFA
exclusive of
overnight
boarding areas
Automotive Uses
Automobile repair
facilities
1 space per 250
sq. ft. of sales
area
1 space per 200
sq. ft. of sales
area, plus 2
spaces per
service bay
Automobile Fueling: N/A
(1) Without retail
sale of beverage and
food items
1 space per 500
sq. ft. GFA
(2) With retail sale
of beverage and
food items
1 space per 400
sq. ft. GFA
Automobile, truck,
boat, and similar
1 space per 500
sq. ft. GFA (not
N/A Parking is for
customers and
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vehicle sales or
rental
establishments
including service
bays), plus 1
space per
service bay
employees, and
is not to be used
for display.
Car washes: N/A Applicant may
be required to
submit a parking
study which
includes a
stacking analysis
for the proposed
facility
(1) Full-service 10 spaces
(vacuuming or
drying areas
shall not be
counted as
parking spaces)
(2) Express-service 2 spaces per
facility (wash
bays shall not be
counted as
parking spaces)
Industrial Uses
General
manufacturing,
research and
development and
industrial uses
1 space per 500
sq. ft. GFA
N/A
Warehousing and
distribution space
1 space per
1,000 sq. ft.
GFA
N/A
Assembly Uses
Auditoriums,
theaters, cinemas
1 space per 3
seats
1 space per 2.5
seats
18 lineal inches
of bench shall be
considered 1
fixed seat.
Churches, temples
and similar places of
assembly
1 space per 5
seats of
assembly area
1 space per 3
seats of
assembly area
18 lineal inches
of bench shall be
considered 1
fixed seat.
Parking will be
required at the
same rate for
other
auditoriums,
assembly halls
or classrooms to
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be used
concurrently
with the main
auditorium
Nightclubs,
dancehalls, lodge
halls and union halls
1 space per 50
sq. ft. GFA, plus
required parking
for other uses
on the site
1 space per 35
sq. ft. GFA, plus
required parking
for other uses
on the site
Mortuaries and
funeral homes
1 space for
every 5 seats of
assembly room
floor area
1 space for
every 3 seats of
assembly room
floor area, plus
1 space for each
vehicle stored
onsite, plus 5
spaces for
employees
Community centers 1 space per 300
sq. ft. GFA
1 space per 200
sq. ft. GFA
Lodging and Child Daycare Uses
Daycare centers,
including preschools
and nursery schools
1 space per 300
sq. ft. GFA, plus
1.5 spaces per
employee
1 space per 250
sq. ft. GFA, plus
1.5 spaces per
employee
Stacking
analysis shall be
required to
define a drop-off
facility that
accommodates
safely loading
and unloading
children
Hotels & motels 1.3 spaces per
guest bedroom
plus required
parking for other
uses on the site
1.1 spaces per
guest bedroom
plus required
parking for other
uses on the site
Timeshare facilities,
fractional ownership
and similar facilities
1.5 spaces per
dwelling or
guest unit plus
required parking
for other uses
on the site
1.3 spaces per
dwelling or
guest unit plus
required parking
for other uses
on the site
Recreational Uses
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Arcade, game and
video
1 space per 200
sq. ft. GFA
Billiard or pool
establishments
1 space per 150
sq. ft. GFA
1 space per 100
sq. ft. GFA
Bowling alleys 4 spaces per
alley plus
required parking
for other uses
on the site
5 spaces per
alley plus
required parking
for other uses
on the site
Golf uses: N/A
(1) Driving ranges 1 space per tee,
plus the spaces
required for
additional uses
on the site
(2) Pitch and putt,
par three and
miniature golf
courses
3 spaces per
hole, plus the
spaces required
for additional
uses on the site
(3) Regulation
courses
5 spaces per
hole, plus the
spaces required
for additional
uses on the site
8 spaces per
hole, plus the
spaces required
for additional
uses on the site
Tennis courts,
handball/racquetball,
and other court-
based facilities
3 spaces per
court
4 spaces per
court
Health clubs,
membership gyms
and commercial
swimming pools
1 space per 200
sq. ft. GFA (for
purposes of this
use, swimming
pool area shall
be counted as
floor area)
1 space per 150
sq. ft. GFA (for
purposes of this
use, swimming
pool area shall
be counted as
floor area)
Libraries/museums 1 space per 300
sq. ft. GFA
1 space per 200
sq. ft. GFA
Shooting ranges 1 space per
shooting station
plus 5 spaces for
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employees
Skating rinks, ice or
roller
1 space per 250
sq. ft. GFA
1 space per 200
sq. ft. GFA
Stables, commercial 1 space per each
5 horses kept on
the premises
1 space per each
4 horses kept on
the premises
Public and Semipublic Uses
Public utility facilities
not having business
offices on the
premises, such as
electric, gas, water,
telephone facilities
1 space per
employee plus 1
space per
vehicle used in
connection with
the facility
N/A
Schools: N/A
(1) Elementary and
junior high or middle
schools
2 spaces per
classroom
(2) Senior high
schools
10 spaces per
classroom
(3) Colleges,
universities and
institutions of higher
learning
20 spaces per
classroom
(4) Trade schools,
business colleges
and commercial
schools
20 spaces per
classroom
Emergency and
Homeless Shelters,
Low Barrier
Navigation Centers
1 space per
employee.
3. Required Bicycle Parking. Bicycle parking shall be provided for certain
nonresidential uses in order to encourage the use of bicycles and to mitigate motor
vehicle pollution and congestion. The minimum bicycle parking requirements for
nonresidential uses are as follows:
a. Land uses required to provide bicycle parking equal to minimum three percent
(3%) of the total parking spaces required per Table 9-12 include: video
arcades, bowling alleys, cinemas/movie theaters, commercial recreation,
tennis clubs, health clubs, libraries, schools, and skating rinks.
b. Land uses required to provide a minimum of five (5) bicycle parking spaces
include: churches, clubs/halls, hospitals and restaurants (all categories).
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c. Land uses required to provide a minimum of one (1) bicycle parking for every
twenty-five thousand (25,000) square feet of gross floor area include
governmental, general, medical and financial office uses.
d. In addition to the requirements of subsections (C)(2)(a) through (c) of this
section, retail centers shall provide five (5) bicycle parking spaces for each
tenant having over twenty thousand (20,000) square feet of gross floor area.
The spaces shall be provided at or near the major tenant's main entry.
e. Bike racks shall be placed in shaded locations, out of the way of pedestrian
flows and shopping cart storage and shall be provided with a mechanism
which permits locking a bicycle onto the rack.
(Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord. 361 § 1, 2001; Ord.
325 § 1, 1998; Ord. 284 § 1, 1996)
Chapter 9.280 DEFINITIONS
9.280.030 Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has been
ceased or suspended.
"Abutting" or "adjacent" means two (2) or more parcels sharing a common boundary at one
(1) or more points.
"Access/egress" means provision for entering a site from a roadway and exiting a site onto
a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which is
subordinate and incidental to the main building or use on the same building site. As it
pertains to Section 9.140.060, Equestrian overlay district, "accessory building" means any
building subordinate to a permitted or conditionally permitted equestrian use, including, but
not limited to, hay and tack barns, stables and other structures and uses customarily
appurtenant to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian
overlay district, "accessory structure" means any structure subordinate to a permitted or
conditionally permitted equestrian use, including, but not limited to, arenas, grandstand
seating, corrals, exercise rings, and other structures associated with the permitted use.
Fences are not considered structures for the purposes of this section.
"Accessory use" means a land use subordinate and incidental to the principal use on the
same building site.
"Actual construction" means the actual placing of construction materials in their permanent
position fastened in a permanent manner except that where a basement is being excavated,
such excavation shall be deemed to be actual construction, or where demolishing or
removal of an existing building or structure has begun, such demolition or removal shall be
deemed to be actual construction, providing in all cases that actual construction work be
diligently carried on until the completion of the entire building or structure involved.
"Administrative office" means a place of business for the rendering of service or general
administration, but not including retail sales.
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Adult Business, Adult Entertainment Business or Adult Oriented Business. See Sexually
oriented businesses, Chapter 5.80 of the municipal code.
Advertising Device or Display. See sign definitions, Section 9.160.130.
"Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the
California Health and Safety Code.
"Affordable housing unit" means a dwelling unit within a housing development which will be
rented or sold to and reserved for very low income households, lower income households,
moderate income households (where qualified) and/or senior citizens at an affordable
housing cost for the respective group(s) in accordance with Section 65915 of the California
Government Code and Section 9.60.260 of this code.
"Affordable rent" means that level of rent defined in Section 50053 of the California Health
and Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes all uses
allowed under the agricultural overlay district, including, but be limited to, the cultivation
and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any
agricultural commodity, including timber viticulture, apiculture, or horticulture, the raising of
livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or
on a farm as incident to or in conjunction with such farming operations, including
preparation for market, delivery to storage or to market, or to carriers for transportation to
market.
"Alley" means a secondary means of access to abutting property located at the rear or side
of the property.
"Alteration" means any physical change in the internal or external composition of a building
or other structure.
Animal Hospital or Animal Clinic. See "Veterinary clinic."
"Antenna" means a device for transmitting or receiving radio, television, satellite,
microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used for
occupancy by one (1) family on a rental basis.
"Apartment building" or "apartment project" means a building or group of buildings in a
single ownership with three (3) or more dwelling units per building and with most or all
units occupied on a rental basis.
Area, Project Net. See "Project net area."
"Arena" means an enclosure physically similar to a corral, designed and constructed so as to
be used for conducting equine-related entertainment and events open to the public,
including, but not limited to, rodeos, polo matches, riding shows and exhibitions, etc.
"Attached structures" means two (2) or more structures which are physically connected with
a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any
other structure, fixture or device that exceeds thirty (30) inches in height above the finished
grade.
Attached Dwelling or Attached Residential. See "Dwelling, attached."
"Automobile repair specialty shop" means a retail and service place of business engaged
primarily in light repair and sale of goods and services for motor vehicles, including brake,
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muffler and tire shops and their accessory uses. Heavier automobile repair such as major
body and paint work, transmission repair, or engine repair are not included in this definition.
"Automobile service station" means a retail place of business engaged primarily in the sale
of motor fuels and supplying those incidental goods and services which are required in the
day-to-day operation of motor vehicles.
"Automobile wrecking" or "automobile dismantling" means the storage or taking apart of
damaged or wrecked vehicles or the sale of such vehicles or their parts.
"Awning" means a roof-like cover that is attached to and projects from the wall of a building
for the purpose of decoration and/or providing shielding from the elements.
"Bar and cocktail lounge" means an establishment whose primary activity is the service of
alcohol, beer or wine.
"Basement" means a habitable building level which is partly or completely underground. A
basement shall be counted as a building story if more than five (5) feet of the height of any
portion is above adjoining finish grade.
"Bed and breakfast" means a residential dwelling occupied by a resident, person, or family,
containing individual living quarters occupied for a transient basis for compensation and in
which a breakfast may be provided to guests. The breakfast provided shall not constitute a
restaurant operation and may not be provided to persons other than guests of the inn.
"Bedroom" means any habitable room that may be used for sleeping purposes other than a
kitchen, bathroom, hallway, dining room or living room.
"Berm" means a mound or embankment of earth.
Billboard. See sign definitions, Section 9.160.130.
"Boardinghouse" means any building or portion thereof with access provided through a
common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a
monthly basis or longer and meals are provided.
"Buildable area" means the portion of a building site remaining after deducting all required
setbacks and meeting any requirements regarding maximum lot coverage or minimum open
area.
"Building" means an enclosed structure having a roof supported by columns or walls.
"Building height" means the height of a building relative to the surrounding ground area.
Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010.
Building, Main. "Main building" means the building containing the main or principal use of
the premises.
Building, Relocatable. "Relocatable building" means a building which is not placed on a
permanent foundation and is designed to be movable from one (1) location to another
without the need for a special permit such as that required to move a conventional house.
Relocatable buildings include, but are not limited to, mobilehomes, construction trailers, and
modular buildings.
"Building site" means a parcel or contiguous parcels of land established in compliance with
the development standards for the applicable zoning district and the city's subdivision code.
"Building site area" means the horizontal area within a building site expressed in square
feet, acres or other area measurement.
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Building Site Coverage. See "Lot coverage."
Building Site, Panhandle or Flag. See "Lot" definitions.
Building Site, Through. "Through building site" means a building site having frontage on two
(2) parallel or approximately parallel streets. See "Through lot."
Business Park. See "Industrial park."
"CEQA" means the California Environmental Quality Act.
"Caretaker" means a person who lives on the premises for the purposes of managing,
operating, maintaining or guarding the principal use or uses permitted on the premises.
"Caretaker residence" means a residential unit not exceeding one thousand (1,000) square
feet, which is not the principal use on the property, to be occupied by a caretaker or
watchman who is responsible for the security of the principal use of the property.
"Carport" means a roofed structure or a portion of a building which is open on two (2) or
more sides for the parking of automobiles belonging to the occupants of the property.
"Cattery" means any building, structure, enclosure or premises within which five (5) or
more cats are kept or maintained primarily for financial profit for the purpose of boarding,
breeding, training, marketing, hire or any other similar purpose.
"Cellar" means a nonhabitable building level which: (1) has more than one-half of its height
below the adjoining finish grade at all points; and (2) has a floor area no more than one-
half (½) that of the floor immediately above. A cellar is not counted as a building story.
"Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by
the city prior to occupancy of a structure or the establishment of a land use to assure that
the structure or parcel is ready for occupancy or use and that all ordinance requirements
and project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by a person,
corporation or association used primarily for the provision of daytime care, training or
education of children at any location other than their normal place of residence. The
maximum number of children accommodated is determined by state licensing provisions
and city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State Health and
Safety Code, a facility which provides nonmedical care to children under eighteen (18) years
of age in need of personal services, supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the individual on less than a twenty-four
(24)-hour basis. Child day care facility includes both child day care centers and child day
care homes.
"Child day care home" or "family day care home" means, consistent with Section 1596.78 of
the State Health and Safety Code:
1. "Family day care home" means a home that regularly provides care, protection,
and supervision for fourteen (14) or fewer children, in the provider's own home,
for periods of less than twenty-four (24) hours per day, while the parents or
guardians are away, and is either a large family day care home or a small family
day care home.
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2. "Large family day care home" means a home that provides family day care for
seven (7) to fourteen (14) children, inclusive, including children under the age of
ten (10) years who reside at the home.
3. "Small family day care home" means a home that provides family day care for
eight (8) or fewer children, including children under the age of ten (10) years who
reside at the home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta.
"Cleaning plant" or "laundry plant" means a central processing facility for dry cleaning or
laundering of clothing and fabrics collected from and returned to patrons and dry cleaning
and laundry agencies.
Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical
or mental health service and medical or surgical care of the sick or injured, but not including
inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not including
organizations which provide goods or services and which are customarily carried on as
businesses.
"Code" means this zoning code unless another code, ordinance or law is specified.
"Commercial" means operated or conducted on a frequent basis for the purpose of financial
gain.
"Commercial filming" means the production of still or moving pictures on public property.
Commercial Center. See "Shopping center."
"Commercial recreation" means any use or activity where the primary intent is to provide
amusement, pleasure or sport but which is operated for financial gain. It includes
establishments where food and beverages are sold as a secondary or ancillary use, but does
not include restaurants, nightclubs and cocktail lounges.
"Commercial stable" means any facility specifically designed or used for the stabling of
equine animals not owned by the residents of the subject property, for purposes such as on-
site breeding, boarding, training, riding or other recreational use as a commercial service to
the owners of said animals.
"Commercial vehicle" means a vehicle customarily used as part of a business for the
transportation of goods or people.
"Commission" means the planning commission of the city unless another commission is
indicated.
"Common interest development" bears the same meaning as defined in Section 1351 of the
California Civil Code.
"Community apartment project" means a project in which an undivided interest in the land
is coupled with the right of exclusive occupancy of any apartment located thereon.
"Community auction and sales yard" means a facility which periodically holds auctions of
farm equipment, fixtures and other related materials in an enclosed building.
Community Care Facility. See "Residential care facility."
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"Community center" means a non-commercial use established for the benefit and service of
the population of the community in which it is located, including senior centers.
Conditional Use Permit. See "Use permit."
"Condominium" means, consistent with Section 1351 of the State Civil Code, an undivided
interest in common in a portion of real property coupled with a separate interest in space in
a residential, industrial or commercial building on such real property, such as an office or
store or multifamily dwelling. A condominium may include, in addition, a separate interest in
other portions of such real property.
"Condominium hotel" means a "hotel" or "group hotel" all or part of which constitutes a
condominium project in which one (1) or more of the units are individually owned, but are
intended to be available for "transient" use (as those terms are defined in Section 3.24.020
of the La Quinta Municipal Code), when not being used by the unit owner. See also "First
class condominium hotel."
"Congregate care facility" means a facility providing care on a monthly basis or longer and
which is the primary residence of the people it serves. It provides services to the residents
such as the following: dining, housekeeping, security, medical, transportation and
recreation. Any commercial services provided are for the exclusive use of the occupants of
the facility. Such a facility may be located in more than one (1) building and on contiguous
parcels within the building site.
"Congregate living facility" means a single family residential facility which is licensed by the
state to provide living and treatment facilities on a monthly or longer basis for six (6) or
fewer developmentally disabled persons or six (6) or fewer persons undergoing treatment
for alcohol or drug abuse and which is permitted in single-family residences by operation of
state law. (See also "Residential care facility.")
"Convalescent home" or "convalescent hospital" means a facility licensed by the State
Department of Health Services which provides bed and ambulatory care for more than six
(6) patients with postoperative convalescent, chronic illness or dietary problems and
persons unable to care for themselves, including persons undergoing psychiatric care and
treatment both as inpatients and outpatients, but not including persons with contagious
diseases or afflictions. A convalescent home may also be known as a nursing home,
convalescent hospital, rest home or home for the aged.
"Conversion project" means an apartment house or multiple or group dwelling which is
existing, under construction or for which building permits have been issued, and which is
proposed for conversion to a residential condominium, community apartment, residential
stock cooperative or planned development.
Corner Lot. See definitions under "Lot."
"Corral" means an enclosure designed for use as an open holding area for horses for the
purpose of confinement within that area for an indeterminate period of time.
"Cottage food operation" means an enterprise wherein an individual prepares and packages
non-potentially hazardous foods in a primary residential dwelling unit, which serves as his
or her private residence, said foods being for the direct and/or indirect sale to consumers,
and that does not have more than one (1) full-time equivalent employee, and generates not
more than: (1) thirty-five thousand ($35,000.00) dollars in gross annual sales in 2013; (2)
forty-five thousand ($45,000.00) dollars in gross annual sales in 2014; (3) fifty thousand
dollars ($50,000.00) in gross annual sales in 2015 and beyond as identified in California
Health and Safety Code Section 113758.
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"County" means the county of Riverside unless another county is indicated.
Day Care Center. See "Child day care center."
"Decision-making authority" or "decision-making body" means a person or group of persons
charged with making decisions on proposals, applications, or other items brought before the
city.
"Density" means the number of dwelling units per gross acre, unless another area
measurement is specified.
"Density bonus" means a density increase over the otherwise maximum allowable
residential density under the applicable zoning ordinance and land use element of the
general plan as of the date of application by the applicant to the city.
"Detached building or structure" means a building or other structure that does not have a
wall or roof in common with any other building or structure.
"Development" means, on land or in or under water: the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous,
liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any
materials; change in the density or intensity of use of land, including, but not limited to,
subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot
splits, except where the land division is brought about in connection with the purchase of
such land by a public agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction, demolition or alteration of the size
of any structure, including any facility of any private, public or municipal utility; and the
removal or harvesting of major vegetation other than for agricultural purposes.
"Development standard" means site or construction conditions that apply to a housing
development pursuant to any ordinance, general plan element, specific plan, charter
amendment, or other local condition, law, policy, resolution, or regulation.
"Director" or "planning director" means the city manager or designee.
District. See "Zoning district."
District, Nonresidential. See "Nonresidential district."
District, Residential. See "Residential district."
District, Special Purpose. See "Special purpose district."
"Downtown village directional sign panel" means an interchangeable sign panel which does
not require a sign permit, mounted on a monument base structure. The sign panels list
businesses in the Village commercial zoning district.
"Drive-in" or "drive-through" means designed or operated so as to enable persons to receive
a service or purchase or consume goods while remaining within a motor vehicle.
"Driveway" means a vehicular passageway providing access from a public or private street
to a structure or parking area or, in the case of residences, to a garage, carport, or legal
parking space. A driveway is not a street.
"Driveway approach" means a designated area between the curb or traveled way of a street
and the street right-of-way line that provides vehicular access to abutting properties. When
vehicular access to a building site is provided by way of a common driveway, the driveway
approach is the line of intersection where the individual driveway abuts the common
driveway.
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"Duplex" means a permanent building containing two (2) dwelling units on a single lot.
"Dwelling" means a building or portion thereof designed and used for residential occupancy,
but not including hotels or motels.
Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one (1) or
more other main dwelling units by means of a roof or interior wall.
Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the
dwelling unit permitted as the principal use of a parcel or building site, either by itself or
with other dwelling units (as in multifamily buildings).
Dwelling, Multifamily. "Multifamily dwelling" means a building containing three (3) or more
dwelling units on a single parcel or building site.
Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling
shifted to one (1) side of the lot, i.e., placed on the lot so that one (1) side setback is zero
(0) or nearly zero (0) and the other side setback is larger than if both side setbacks were
approximately equal.
Dwelling, Single-Family. "Single-family dwelling" means one (1) main dwelling unit on a
single parcel or building site.
Dwelling, Single-Family Attached. "Single-family attached dwelling" means a main dwelling
unit attached to one (1) other main dwelling unit by means of a roof and/or interior wall,
with each dwelling unit occupying its own lot.
Dwelling, Single-Family Detached. "Single-family detached dwelling" means a main dwelling
unit not attached to any other main dwelling unit.
Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically
to two (2) or more other main dwelling units by means of a roof and/or interior wall, with
each dwelling unit occupying its own lot.
"Dwelling unit" means one (1) or more rooms, including a bathroom and kitchen, designed
and used for occupancy by one (1) family for living and sleeping purposes.
Dwelling Unit, Second. See "Second unit."
"Easement" means a recorded right or interest in the land of another which entitles the
holder thereof to some use, privilege or benefit in, on, over or under such land.
"Educational institution" means a private or public elementary or secondary school, college
or university qualified to give general academic instruction equivalent to the standards
prescribed by the state board of education.
"Elevation" means the vertical distance above sea level.
"Emergency shelter" means housing with services for homeless persons that is limited to
occupancy of six (6) months or less by a homeless person. Low Barrier Navigation Centers
are also included in this definition. No individual or household may be denied emergency
shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or kitchen or
cooking facilities,, for the housing of domestic employees and located upon the same
building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only by
windows, vents or customary entrances and exits.
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"Environmental review" means all actions and procedures required of the city and of
applicants by the California Environmental Quality Act ("CEQA," State Public Resources Code
Section 21000 et seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.)
and local environmental procedures.
"Exception" means a city-approved deviation from a development standard based on the
following types of findings by the decision-making authority:
1. General finding such as that notwithstanding the exception, the resulting project
will still be consistent with the goals and/or policies underlying the development
standard; and
2. One (1) or more specific findings justifying the particular exception requested.
"Family" means one (1) or more persons occupying one (1) dwelling unit. The word "family"
includes the occupants of congregate living and residential care facilities, as defined herein,
serving six (6) or fewer persons which are permitted or licensed by the state. The word
"family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse,
club or motel.
Family Day Care Home. See "Child day care home."
"Farm" means a parcel of land devoted to agricultural uses where the principal use is the
propagation, care and maintenance of viable plant and animal products for commercial
purposes.
"Farmworker housing" means any building or group of buildings where six (6) or more farm
employees are housed.
"First class condominium hotel" means a condominium hotel where both of the following
apply:
1. The condominium hotel has a brand operator or an independent operator that is
experienced in the upscale segment or luxury segment of the hospitality industry
as defined by J.D. Power and Associates; and
2. The condominium hotel satisfies the published requirements that will be sufficient
for a ranking of no fewer than three (3) stars in the most recent annual awards list
published from time to time by AAA Travel Guides or by the Mobil Travel Guide.
Flag. See sign definitions, Section 9.160.130.
Flag Lot or Panhandle Lot. See definitions under "Lot."
"Flood" means a general and temporary condition of partial or complete inundation of land
areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of
surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused
or precipitated by accumulations of water on or under the ground.
"Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official
maps provided by the Federal Emergency Management Agency (FEMA) which delineate the
areas of special flood hazard, the risk premium zones and the floodways applicable to the
city.
"Floodplain" means the land area adjacent to a watercourse and other land areas
susceptible to being inundated by water.
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"Floodproofing" means any combination of structural and nonstructural additions, changes
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
"Floodway" means the channel of a river or other watercourse and that part of the floodplain
reasonably required to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.
Floor Area, Gross. See "Gross floor area."
Floor Area, Livable. See "Livable floor area."
"Floor area ratio" means the numerical value obtained by dividing the gross floor area of all
buildings, except parking structures, located on a building site by the building site area.
"Fraternity house" or "sorority house" means a building or portion of a building occupied by
a chapter of a regularly organized college fraternity or sorority officially recognized by an
educational institution.
Freestanding Sign. See sign definitions, Section 9.160.130.
Front Lot Line. See definitions under "Lot line."
"Garage" means a building or portion of a building used primarily for the parking of motor
vehicles.
Gas Station or Service Station. See "Automobile service station."
"General plan" means the general plan of the city of La Quinta.
"Government code" means the California Government Code.
Grade, Average. "Average grade" means the elevation determined by averaging the highest
and lowest elevations of a parcel, building site or other defined area of land.
Grade, Average Finish. "Average finish grade" means the elevation determined by averaging
the highest and lowest elevations of a parcel, building site or other defined area of land
after final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final grading.
"Grading" means the filling, excavation or other movement of earth for any purpose.
"Granny flat" or "granny housing" means a secondary dwelling unit which is: (1) intended
for the sole occupancy of one (1) or two (2) adult persons sixty-two (62) years of age or
over; and (2) located on a building site containing an existing single family detached
dwelling. The floor area of an attached granny flat does not exceed thirty percent (30%) of
the existing floor area of the primary single family residence and the floor area of a
detached granny flat does not exceed one thousand two hundred (1,200) square feet. (See
also "Second unit.")
"Grazing" means the act of pasturing livestock on growing grass or other growing herbage
or on dead grass or other dead herbage existing in the place where grown as the principal
sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or group of
contiguous parcels minus any right-of-way for arterial highways not including collector
streets. Each acre so determined is a gross acre.
Gross Density. See "Density."
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"Gross floor area" means the total square footage of all floors of a building, including the
exterior unfinished wall structure but excluding courtyards and other outdoor areas.
Gross Lot or Parcel Area. See "Lot area, gross."
"Ground floor area" means all enclosed area within the ground floor of a structure, including
exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking
structures are included in ground floor area but swimming pools and unenclosed post-
supported roofs over patios and walkways are not included.
Ground Sign. See "Freestanding sign" in sign definitions, Section 9.160.130.
"Guest house" means a detached or attached unit which has sleeping and sanitary facilities,
which may include full bathroom and/or kitchen or cooking facilities, and which is used
primarily for sleeping purposes by members of the family occupying the main building, their
nonpaying guests, and domestic employees.
"Guest ranch" means any property of five (5) acres or more operated as a ranch which
offers guest rooms for rent and which has outdoor recreational facilities such as horseback
riding, swimming or hiking.
Habitable Area. See "Livable floor area."
"Habitable room" means any room usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used
only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of its quantity,
concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical
or infectious characteristics, may: (1) cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating reversible illness; or (2)
pose a substantial present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
Home for the Aged. See "Convalescent home."
Homeless Shelter. See “Emergency shelter.”
"Home occupation" means an occupation or activity conducted as an accessory use within a
dwelling unit incidental to the residential use of the property. See Section 9.60.110.
"Hospital" means a facility licensed by the State Department of Health Services providing
clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health
nature to human patients.
"Hotel" means any building or portion thereof with access provided through a common
entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis.
Identification Sign. See sign definitions, Section 9.160.130.
"Industrial park," "business park" or "office park" means a nonresidential development
wherein the permitted uses are planned, developed, managed and maintained as a unit,
with landscaping, amenities, and common off-street parking provided to serve all uses on
the property.
"Intensity" means the level of development or activity associated with a land use, as
measured by one (1) or more of the following:
1. The amount of parking required for the use per Chapter 9.150.
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2. The operational characteristics of the use such as hours of operation, the inclusion
of dancing or live entertainment as part of the use, or similar characteristics.
3. The floor area occupied by the use.
4. The percentage of the building site occupied by the use or by the structure
containing the use.
Interior Lot Line. See definitions under "Lot line."
"Kennel" means any building, structure, enclosure or premises within which five (5) or more
dogs are kept or maintained primarily for financial profit for the purpose of boarding,
breeding, training, marketing, hire or any other similar purpose.
"Kitchen" means any room all or part of which is designed and/or used for the cooking or
other preparation of food.
Land Use. See "Use."
Land Use Intensity. See "Intensity."
Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of
solid waste on land by spreading it in layers, compacting it and covering it daily with soil or
other approved cover material.
Laundry Plant. See "Cleaning plant or laundry plant."
"Livable floor area" means the interior area of a dwelling unit which may be occupied for
living purposes by humans, including basements and attics (if permitted). Livable floor area
does not include a garage or any accessory structure.
"Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any
combination of the foregoing performed in person by one (1) or more persons whether or
not they are compensated for their performance.
Living Area. See "Livable floor area."
Lodginghouse. See "Boardinghouse."
"Lot" means an area of land under one (1) ownership which is identified as a lot or parcel on
a recorded final map, parcel map, record of survey recorded pursuant to an approved
division of land, certificate of compliance, or lot line adjustment. The terms "lot" and
"parcel" are interchangeable for purposes of this code. Types of lots and their definitions are
as follows:
1. "Corner lot" means a lot abutting two (2) streets intersecting at an angle of not
more than one hundred thirty-five (135) degrees. If the angle of intersection is
more than one hundred thirty-five (135) degrees, the lot is an "interior lot."
2. "Flag or panhandle lot" means a lot connected to the street with a narrow access
portion less than forty (40) feet wide and more than twenty (20) feet long and
situated so that another lot is located between the main portion of the flag lot and
the street.
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3. "Interior lot" means a lot abutting only one (1) street or abutting two (2) streets
which intersect at an angle greater than one hundred thirty-five (135) degrees.
4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one (1) or
more adjoining lots.
5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of
another lot.
6. "Through lot" means a lot with frontage on two (2) parallel or approximately
parallel streets.
"Lot area" means the horizontal land area within a lot expressed in square feet, acres, or
other area measurement.
"Lot coverage" or "building site coverage" means the cumulative ground floor area of the
structures on a lot expressed as a percentage of the net lot area. For purposes of this
definition, "ground floor area" means all enclosed area within the ground floor of a
structure, including exterior walls and mechanical spaces. Carports, garages, accessory
buildings and parking structures are included in ground floor area but swimming pools and
unenclosed post-supported roofs over patios and walkways are not included.
"Lot frontage" means the length of the front lot line. For corner lots the lot frontage shall be
measured from the interior lot corner to the outside of the corner cut-back.
"Lot line or property line" means any boundary of a lot. The classifications of lot lines and
their definitions are as follows:
1. "Front lot line" means the following:
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a. On an interior lot, the line separating the lot from the street;
b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or
approximately equal, the director shall determine the front lot line);
c. On a through lot, the lot line abutting the street providing primary access to
the lot.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means a lot line which does not intersect the front lot line and which
is most distant from and most parallel to the front lot line. In the case of an
irregularly-shaped lot or a lot bounded by only three (3) lot lines, the rear lot line
is a ten (10)-foot long line parallel to and most distant from the front lot line for
the purposes of determining setbacks and other provisions of this code.
4. "Side lot line" means any lot line which is not a front or rear lot line.
“Low Barrier Navigation Center” as defined in Government Code Section 65660 means a
Housing First, low-barrier, service-enriched shelter focused on moving people into
permanent housing that provides temporary living facilities while case managers connect
individuals experiencing homelessness to income, public benefits, health services, shelter,
and housing.
"Lower income households" bears the same meaning as defined in Section 50079.5 of the
California Health and Safety Code.
"Lowest floor" means, with regard to flood protection, the lowest floor of the lowest
enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or storage in an area other than a
basement area, is not considered a building's lowest floor provided that such enclosure is
not built so as to render the structure in violation of the applicable design requirements of
the FP floodplain district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one (1) or more sections
which has been certified under the National Manufactured Housing Construction and Safety
Standards Act of 1974.
"Master commercial development" means a commercial center for which an overall site
development permit was approved and implemented, which may have remaining
unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation element of the
city's general plan designating adopted and proposed routes for all commuter, secondary,
primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage facilities
needed for the proper development of the city.
"Maximum allowable residential density" means the density allowed under applicable zoning
ordinances, or if a range of density is permitted, means the maximum allowable density for
the specific zoning range applicable to the subject project.
"Median" means a paved or planted area separating a street or highway into opposite-
direction travel lanes.
Medical Clinic. See "Clinic, medical."
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"Medical marijuana dispensary" means a facility or location which provides, makes available
or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with
an identification card, in accordance with California Health and Safety Code Section 11362.5
et seq.
"Menagerie" means a lot on which more than one (1) wild, non-domestic reptile (not
including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed or
trained wild animal shall not be considered a domestic animal.
"Ministorage facility" means a building containing various size storage compartments not
exceeding five hundred (500) square feet each, wherein each compartment is offered for
rent or lease to the general public for the private storage of materials excluding materials
sold at the facility or delivered directly to customers.
"Minor adjustments" are deviations in standards which have little or no potential for adverse
impacts on the surrounding community and which are reviewed administratively.
Minor Use Permit. See "Use permit."
Mobilehome. See "Manufactured home."
"Mobilehome park" or "mobilehome development" means any area or tract of land used to
accommodate mobilehomes for human habitation, including pads for mobilehomes,
clubhouses, recreation facilities, and other ancillary structures and facilities. The term
includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180.
"Moderate income" or "persons and families of moderate income" means those middle-
income families as defined in Section 50093 of the California Health and Safety Code.
Modular Home. See "Manufactured home."
Monument Sign. See sign definitions, Section 9.160.130.
"Motel" means a building or group of buildings containing guest rooms rented on a weekly
basis or less and with most or all guest rooms gaining access from an exterior walkway.
Multifamily Dwelling or Residence. See "Dwelling, multifamily."
"Net project area" means all of the land area included within a development project
excepting those areas with before-development slopes of thirty percent (30%) or steeper
and those areas designated for public and private road rights-of-way, schools, public parks,
and other uses or easements which preclude the use of the land therein as part of the
development project.
"Net site area" or "net lot area" means the total land area within the boundaries of a parcel
or building site after ultimate street rights-of-way and easements that prohibit the surface
use of the site are deducted.
"Noncommercial coach" means a vehicle, with or without motive power, designed and
equipped for human occupancy for classrooms and other nonresidential and noncommercial
uses.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance with the
applicable zoning ordinances when established but which, due to subsequent ordinance
changes, does not conform to the current development standards applicable to the zoning
district in which it is located. See Chapter 9.270.
"Nonconforming structure" means a structure which was lawful and in conformance with the
applicable zoning ordinances when constructed but which, due to subsequent ordinance
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changes, does not conform to the current development standards applicable to the zoning
district in which it is located. See Chapter 9.270.
"Nonconforming use" means a land use which was lawful and in conformance with the
applicable zoning ordinances when established but which, due to subsequent ordinance
changes, is not currently permitted in the zoning district in which it is located or is permitted
only upon the approval of a use permit and no use permit has been approved. See Chapter
9.270.
"Nonconformity" means a land use, lot or structure which was lawful when established or
constructed but, due to subsequent ordinance changes, is not in conformance with this
zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e.,
which were not lawful when established or constructed. See Chapter 9.270.
Nursery, Day Care. See "Child day care facility."
Nursing Home. See "Convalescent home."
Office Park. See "Industrial park."
Official Zoning Map. See "Zoning map."
"Off-site hazardous waste facility" means any structures, other appurtenances or
improvements on land and all contiguous land serving more than one (1) producer of
hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or
recycling of hazardous waste, including, but not limited to,:
1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2. Residual repository (i.e., receiving only residuals from hazardous waste treatment
facilities);
3. Stabilization/solidification facilities;
4. Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6. Transfer/storage facilities.
"Open space" means any parcel or area of land or water, public or private, which is reserved
for the purpose of preserving natural resources, for the protection of valuable environmental
features, or for providing outdoor recreation or education. Open space does not include
roads, driveways or parking areas not related to recreational uses, any buildings, building
setback areas or the required space between buildings, or surface utility facilities.
Open Space, Usable. "Usable open space" means open space which is predominately level
(i.e., slopes less than five percent (5%)) but which may contain some steeper land (i.e.,
with slopes up to twenty percent (20%)) which has utility for picnicking or passive
recreation activities and which complements surrounding usable open space. Usable open
space is a minimum of fifteen (15) feet in width and three hundred (300) square feet in
area and may include structures and impervious surfaces such as tot lots, swimming pools,
basketball courts, tennis courts, picnic facilities, walkways or bicycle trails.
Outdoor Advertising Sign. See "Billboard" in sign definitions, Section 9.160.130.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps
and other devices, permanent or portable, used for illumination or advertisement. Such
devices shall include, but are not limited to, search, spot, or flood lights for:
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1. Buildings and structures;
2. Recreational areas;
3. Parking lot lighting;
4. Landscape lighting;
5. Billboards and other signs (advertising or other);
6. Street lighting;
7. General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses which utilize
a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size
and design suitable for placement on a private sidewalk, plaza, or pedestrianway.
Panhandle Lot or Flag Lot. See definitions under "Lot."
"Parcel" means an area of land under one (1) ownership which is identified as a lot or parcel
on a recorded final map, parcel map, record of survey recorded pursuant to an approved
division of land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel"
are interchangeable for purposes of this code.
"Parking accessway" means a vehicular passageway that provides access and circulation
from a street access point into and through a parking lot to parking aisles and between
parking areas.
"Parking structure" means a structure which is open or enclosed and is used for the parking
of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the adjacent
property line or physical boundary, such as a fence or wall, which is used for landscaping
and/or passive open space.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation,
specifically used for purposes of grazing or feeding of animals.
Patio Home. See "Dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this zoning code
and subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association, social club,
fraternal organization, company, joint stock association, corporation, estate, trust,
organization, business, receiver, syndicate, public agency, the state of California or its
political subdivisions or instrumentalities, or any other group or combination acting as a
unit.
"Person with a disability" is a person with a physical or mental impairment that limits or
substantially limits one (1) or more major life activities, anyone who is regarded as having
such an impairment, or anyone who has a record of such an impairment.
"Personal services" are establishments providing nonmedical services as a primary use,
including, but not limited to, barber and beauty shops, spas and tanning salons, clothing
rental, dry cleaning stores, home electronics and small appliance repair, laundromats (self-
service laundries), shoe repair shops, and tailors.
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"Planned unit development" means a residential development characterized by
comprehensive planning for the entire project, the clustering of buildings to preserve open
space and natural features, and provision for the maintenance and use of open space and
other facilities held in common by the property owners within the project.
Pole Sign. See sign definitions, Section 9.160.130.
Portable Sign. See sign definitions, Section 9.160.130.
"Precise plan" or "precise plan of development" means the plan or plans for a project,
development or other entitlement approved by the decision-making authority. A precise
plan may include site, grading, architecture, landscaping plans and may also include a plan
text describing the project design, development phasing, and other characteristics.
"Precise plan of highway alignment" means a plan, supplementary to the master plan of
arterial highways, which establishes the highway centerline and the ultimate right-of-way
lines and may establish building setback lines.
Primary Residence. See "Main dwelling."
"Primary unit" means a single-family or multifamily residential unit constructed and
intended as the principal unit and building on a lot. The primary unit shall be the largest unit
on the lot.
"Principal use" means the primary or predominant use of any parcel, building site or
structure.
"Project area" means all of the land area included within a development project excepting
those areas designated for public and private road rights-of-way, schools, public parks, and
other uses or easements which preclude the use of the land therein as part of the
development project.
Projecting Sign. See sign definitions, Section 9.160.130.
"Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city within the
county, or any political subdivision or agency thereof.
Rear Lot Line. See definitions under "Lot line."
"Reasonable accommodation" means the process of providing flexibility in the application of
land use, zoning, and building regulations, practices, and procedures to eliminate barriers to
housing opportunities for persons with disabilities.
"Recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer such as a
boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary
habitation, including motorhomes, travel trailers, "5th wheels" and camper shells.
"Recycling" means the process by which waste products are reduced to raw materials and
transformed into new products.
Relocatable Building. See "Building, relocatable."
"Residential care facility" or "community care facility" means a residential facility which is
licensed by the state to provide living and treatment facilities on a monthly or longer basis
for six (6) or fewer of the following: wards of the juvenile court, elderly persons, mentally
disordered persons, handicapped persons or dependent and neglected children. Such a
facility is permitted in all types of residences by operation of state law.
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Residential, Multifamily. See "Dwelling, multifamily."
Residential, Single-Family. See "Dwelling, single-family."
"Restaurant" means any use providing for the preparation, retail sale and consumption on
site of food and beverages. Restaurants include, but are not limited to, cafés, coffee shops,
pubs, sandwich shops, ice cream parlors, fast food take-out and drive-through stores,
whose primary activity is food service and places of business with similar uses. If any
seating is provided in conjunction with a store where there is the preparation and retail sale
of food and beverages, that use shall be classified as a restaurant. The term "restaurant"
may include the licensed sale of alcoholic beverages for consumption on the premises.
Restaurant, Drive-Through. "Drive-through restaurant" means a restaurant with one (1) or
more automobile lanes which allow for the ordering and dispensing of food and beverages to
patrons who remain in their vehicles.
Rest Home. See "Convalescent home."
"Retail" means the selling of goods or merchandise directly to the ultimate consumer.
"Reverse vending machine" means a machine which accepts recyclable materials, such as
aluminum cans, newspapers, or other materials, from the public and dispenses money in
return.
"Riding academy" means a facility designed and used primarily for recreational riding,
training and instruction purposes, and allowing both on-site boarding or trailering of horses
to the facility.
"Riding and hiking trail" means a trail or way designed for and used by equestrians,
pedestrians and cyclists using nonmotorized bicycles.
"Right-of-way" means the entire width of property used for streets, highways, flood or
drainage works, overhead or underground utilities, or any related improvements.
Roof Sign. See sign definitions, Section 9.160.130.
Roominghouse. See "Boardinghouse."
"Satellite dish antenna" means an apparatus capable of receiving communications from a
man-made satellite.
"Scenic highway" means any highway designated a scenic and/or historic highway by an
agency of the city, state or federal government.
Second Unit. In accordance with Government Code Section 65852.2(i)(4), "second unit"
means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one (1) or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the
same parcel as the single-family dwelling is situated. A second unit also includes the
following:
1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code;
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
"Section" means a portion of this zoning code beginning immediately after a six (6)- or
seven (7)-digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to
the next such six (6)- or seven (7)-digit number. (See also "Subsection.")
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"Semi-permanent sign" means a non-illuminated sign which requires a sign permit, such as
advertising the future construction or opening of a facility, model home complex,
commercial, or residential subdivision identification which is intended to be erected or
posted for a minimum of sixty-one (61) days and a maximum of one (1) year. A permit for
semi-permanent signs advertising future facility construction shall not be approved until a
development review application has been submitted.
"Senior citizen" means a person fifty-five (55) years of age or older.
"Senior citizen residence" means a residential care facility which is licensed by the state to
provide living and treatment facilities on a monthly or longer basis for six (6) or fewer
senior citizens.
"Senior group housing" means a residential development which is developed or substantially
renovated for and occupied by seven (7) or more senior citizens.
"Service" means an act or any result of useful labor which does not in itself produce a
tangible commodity.
Service Station. See "Gas station."
"Setback" means the distance that a building or other structure or a parking lot or other
facility must be located from a lot line, property line or other specified boundary.
Sexually Oriented Business. See Chapter 5.80 of the municipal code.
"Shopping center" or "commercial center" means a commercial area or group of commercial
establishments, planned, developed, managed and maintained as a unit, with common
landscaping, amenities, and off-street parking provided to serve all uses on the property.
Side Lot Line. See definitions under "Lot line."
"Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of
merchandise which is normally displayed indoors at the location of an individual retail
business not located within a shopping center. (See also "Special commercial event.")
"Sign" means any medium for visual communication, including, but not limited to, words,
symbols and illustrations together with all parts, materials, frame and background, which
medium is used or intended to be used to attract attention to, identify, or advertise an
establishment, product, service, activity or location, or to provide information. Also, see sign
definitions, Section 9.160.130.
Single-Family Dwelling or Residence. See "Dwelling, single-family."
"Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is
rented on a weekly or longer basis and which provides living and sleeping facilities for one
(1) or two (2) persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and
laundry facilities may be shared.
Site. See "Building site."
Site Area, Net. See "Net project or site area."
Site Coverage. See "Building site coverage."
Site Development Permit or Development Permit. See Section 9.210.010.
"Slope" or "slope gradient" means the vertical distance between two (2) points on a slope
divided by the horizontal distance between the same two (2) points, with the result
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expressed as a percentage; e.g., "the slope has a twenty percent (20%) gradient" (usually
used to describe natural as opposed to manufactured, slopes).
"Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to
the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe
manufactured as opposed to natural, slopes).
"Special commercial event" means the temporary outdoor display and sale of merchandise
by two (2) or more tenants within a commercial center, or arts and crafts shows, fairs, or
entertainment events within a commercial center.
"Specific plan" means a plan consisting of text, maps and other documents and exhibits
regulating development within a defined area of the city, consistent with the general plan
and State Government Code Section 65450 et seq.
"Stable" means a building or structure containing multiple stalls for the purposes of
sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one
(1) time.
"Stall" means a division of a stable accommodating one (1) horse into an adequately sized
enclosure for the purpose of confining individual horses within a sheltered environment as
may be necessary for security, safety or other reasons pertinent to the health, welfare and
daily care of each animal.
"Stock cooperative" means a corporation which is formed primarily for the purpose of
holding title to, either in fee simple or for a term of years, improved real property, if all or
substantially all of the shareholders of such corporation receive a right of exclusive
occupancy in a portion of the real property, title to which is held by the corporation, which
right of occupancy is transferable only concurrently with the transfer of the shares of stock
or membership certificate in the corporation held by the person having such right of
occupancy.
"Storage" means a place where goods, materials, and/or personal property is placed for
more than twenty-four (24) hours.
"Story" means that portion of a building included between the surface of any floor and the
surface of the floor immediately above it or if there is no floor above, then the space
between the floor and the ceiling above it.
"Street" means a public or private vehicular right-of-way other than an alley or driveway,
including both local streets and arterial highways.
"Structure" means anything that is erected or constructed having a fixed location on the
ground or attachment to something on the ground and which extends more than thirty (30)
inches above the finish grade. A mobilehome or relocatable building, except when used as a
temporary use with its weight resting at least partially upon its tires, is a structure for the
purposes of this definition.
"Subsection" means a portion of a section of this zoning code designated by a section
number followed immediately by an upper case letter; for example, subsection 9.10.010(A).
(See also "Section.")
"Supportive housing" means housing with no limit on length of stay, that is occupied by the
target population as defined in subdivision (d) of Section 53260 of the Health and Safety
Code 50675.14(b) and that is linked to on-site or off-site services that assist the supportive
housing resident in retaining the housing, improving his or her health status, and
maximizing his or her ability to live and, when possible, work in the community. ("Target
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population" includes adults with low income having one (1) or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or
individuals eligible for services provided under the Lanterman Developmental Disabilities
Services Act and may, among other populations, include families with children, elderly
persons, young adults aging out of the foster care system, individuals exiting from
institutional settings, veterans, or homeless people.)
"Swimming pool" means an artificial body of water having a depth in excess of eighteen
(18) inches, designed, constructed and used for swimming, dipping or immersion purposes
by humans.
"Tandem parking" means any off-street parking space(s), or arrangement of such spaces,
configured in such a manner such that one (1) or more spaces is not directly accessible to a
street or other approved access without traversing any portion of another space.
"Temporary sign" means any non-illuminated sign which may require a sign permit and
which is intended to be posted for a maximum of forty-five (45) days. Temporary signs
include without limitation: political campaign signs, garage sale signs and seasonal sales
signs.
"Temporary use" means a land use established for a specified period of time, which use is
discontinued at the end of such specified time.
"Timeshare facility" means a facility in which a person receives the right in perpetuity, for
life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot,
parcel, unit, or portion of real property for a period of time which has been or will be
allocated from twelve (12) or more occupancy periods into which the facility has been
divided. A timeshare use may be coupled with an estate in the real property or it may entail
a license, contract, membership, or other right of occupancy not coupled with an estate in
the real property.
Townhome. See "Dwelling, townhome."
"Transient basis" means for a continuous period of two (2) weeks or less.
"Transitional housing" is buildings configured as rental housing developments, but operated
under program requirements that call for the termination of assistance and recirculation of
the assisted unit to another eligible program recipient at some predetermined future point in
time, which shall be no less than six (6) months.
"Transitional shelter" means a shelter for homeless persons or victims of domestic abuse
which provides accommodations for persons on a transient basis, i.e., for a continuous
period of two (2) weeks or less.
Two (2)-Unit Attached Dwelling. See "Dwelling, two (2)-unit attached."
"Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise
plan of highway alignment or the street right-of-way shown within the boundary of a
recorded tract map, a recorded parcel map or a recorded planned community development
plan. The latest adopted or recorded document in such cases shall take precedence. If none
of these exist, the ultimate right-of-way is the right-of-way required by the highway
classification as shown in the general plan.
"Use" or "land use" means the purpose for which a structure or land is occupied, arranged,
designed or intended, or for which either a structure or land is or may be occupied or
maintained.
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"Use permit" means a discretionary entitlement under the provisions of this zoning code
which authorizes a specific use or development on a specific property subject to compliance
with all terms and conditions imposed on the entitlement. Uses requiring a conditional use
permit have moderate to significant potential for adverse impacts on surrounding
properties, or residents while uses requiring a minor use permit have low to moderate
potential for adverse impacts on surrounding properties, residents, or businesses. See
Section 9.210.020.
Variance. See Section 9.210.030.
"Vehicular accessway" means a private, nonexclusive vehicular easement affording access
to abutting properties.
"Very low income households" bears the same meaning as defined in Section 50105 of the
Health and Safety Code.
"Veterinary clinic" means a place where animals no larger than the largest breed of dogs are
given medical and surgical treatment, primarily on an outpatient basis, and where the
boarding of animals under treatment is incidental to the principal clinic use.
Wall Sign. See "Building-mounted sign" in sign definitions, Section 9.160.130.
"Wing wall" means an architectural feature in excess of six (6) feet in height which is a
continuation of a building wall projecting beyond the exterior walls of a building.
"Yard" means an open space on a parcel of land or building site unobstructed and
unoccupied from the ground upward except for wall projections permitted by this code.
Yards are classified as follows:
1. "Front yard" means a yard extending across the full width of the lot between the
front lot line or the ultimate street right-of-way line and a setback line within the
lot. The depth of the front yard is equal to the setback established in the
development standards for the applicable zoning district and is measured along a
line drawn at a ninety (90)-degree angle to whichever of the following results in
the greatest setback: the front lot line or its tangent or the ultimate street right-
of-way or its tangent.
2. "Rear yard" means a yard extending across the full width of the lot between the
rear lot line and a setback line within the lot. The depth of the rear yard is equal to
the setback established in the development standards for the applicable zoning
district and is measured along a line drawn at a ninety (90)-degree angle to
whichever of the following results in the greatest setback: the rear lot line or its
tangent or the ultimate street right-of-way or its tangent.
3. "Side yard" means a yard extending from the front setback line to the rear setback
line. The depth of the side yard is equal to the setback established in the
development standards for the applicable zoning district and is measured along a
line drawn at a ninety (90)-degree angle to whichever of the following results in
the greatest setback: the side lot line or its tangent or the ultimate street right-of-
way or its tangent.
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"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La
Quinta Municipal Code, including the official zoning map and other maps and graphics
incorporated in the zoning code text or included therein by reference.
"Zoning district" or "district" means an area of the city designated on the official zoning map
and subject to a uniform set of permitted land uses and development standards.
"Zoning map" or "official zoning map" means a map incorporated into this code by reference
which covers the entire land area of the city and is divided into zoning districts for the
purpose of specifying for each such land area the uses permitted, development standards
required, and other applicable provisions of this code.
(Ord. 577 § 1, 2019; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 1, 2016; Ord.
512 § 1, 2013; Ord. 505 § 1, 2012; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1,
1996)