ORD 603 Title 9 Code Updates ZOA 2022-0002ORDINANCE NO. 603
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
VARIOUS SECTIONS OF TITLE 9 OF THE LA
QUINTA MUNICIPAL CODE AND AMENDING THE
ZONING MAP RELATED TO CLEAN UP ITEMS
ZONING ORDINANCE AMENDMENT 2022-0002
ZONE CHANGE 2022-0003
WHEREAS, the City Council of the City of La Quinta, California did, on
October 4, 2022, hold a duly noticed public hearing for review of a City -
initiated request of Zoning Ordinance Amendment 2022-0002 and Zone
Change 2022-0003 to amend various sections of Title 9 of the La Quinta
Municipal Code and the La Quinta Zoning Map; and
WHEREAS, previous to said Public Hearing, the Planning Commission
of the City of La Quinta did, on September 13, 2022, adopt Planning
Commission Resolution No. 2022-0022 recommending the City Council adopt
said code amendments, with a recommendation to revise "Tourist Commercial
Homes" to "Village Hospitality Home"; and
WHEREAS, the Design and Development Department published a public
hearing notice for this request in The Desert Sun newspaper on September
23, 2022, as prescribed by the Municipal Code; and
WHEREAS, Title 9 of the Municipal Code contains the chapters that
address permitted uses, development standards, development review and
permitting procedures; and
WHEREAS, the proposed zoning text amendments and zone change are
necessary to clean up development process and standards; and
WHEREAS, the proposed zoning text amendments and zone change are
necessary to implement the General Plan 2035 adopted by the City Council at
their regular meeting on February 19, 2013; and
WHEREAS, at said public hearing, upon hearing and considering all
public testimony and arguments, if any, of all interested persons wanting to
be heard, the City Council did make the following mandatory findings to justify
adoption of said Zoning Ordinance Amendment, enclosed as Exhibit A, and
incorporated herewith by this reference:
Ordinance No. 603
Amendments to Title 9 and Zoning Map
Adopted: October 18, 2022
Page 2 of 6
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives and
policies of the General Plan. The proposed amendments are supported
by Policy LU-1.2 for land use decisions to be consistent with General
Plan policies and programs and uphold the rights and needs of property
owners and the public; and Program LU-3.1.a, to review land use
designations for changes in the community and marketplace.
2. Public Welfare
Approval of the code amendment will not create conditions materially
detrimental to the public health, safety and general welfare. The
amendment streamlines the development review process and clarifies
language in the municipal code and does not incorporate any changes
that affect the regulation and/or provision of public services, utility
systems, or other foreseeable health, safety and welfare considerations.
Zone Change 2022-0003
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, the City Council did make the following mandatory findings to justify
approval of said Zone Change [Exhibit B]:
1. Consistency with General Plan. The Zone Change is consistent with the
goals, objectives and policies of the general plan, as it fixes
inconsistencies that are existing.
2. Public Welfare. Approval of the Zone Change will not create conditions
materially detrimental to the public health, safety and general welfare,
insofar as it will not make significant changes of use throughout the
City's Zoning Ordinance.
3. Land Use Compatibility. The new zoning is compatible with the zoning
on the affected properties, as it changes the land uses to be consistent
with their intended use.
4. Property Suitability. The new zoning is suitable and appropriate for the
affected properties, as it fixes inconsistencies.
5. Change in Circumstances. Approval of the Zone Change is warranted
because it fixes inconsistencies and cleans up areas that require it.
Ordinance No. 603
Amendments to Title 9 and Zoning Map
Adopted: October 18, 2022
Page 3 of 6
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Title 9 shall be amended as written in "Exhibit A" attached
hereto.
SECTION 2. The proposed zone text amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality
Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text
amendments are consistent with the previously approved findings of the
General Plan 2035 EIR (Environmental Assessment 2012-622) as the
proposed amendments implement the goals, policies, and programs of the
General Plan.
SECTION 3. That the City Council does hereby approve Zoning
Ordinance Amendment 2022-0002, as set forth in attached "Exhibit A,"
incorporated herewith by this reference, for the reasons set forth in this
Ordinance.
SECTION 4. That the City Council does hereby approve Zone Change
2022-0003, changing land use designations to Low Density Residential (LDR)
for Assessor Parcel Numbers 776-110-006, 776-110-008, and 779-370-005,
as set forth in attached "Exhibit B," incorporated here with by this reference,
for the reasons set forth in this Ordinance.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 6. 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 7. 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.
Ordinance No. 603
Amendments to Title 9 and Zoning Map
Adopted: October 18, 2022
Page 4 of 6
SECTION 8. SEVERABILITY: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council hereby declares that it would have adopted
this Ordinance and each and every section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more
section, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this October 18, 2022, by the following vote:
AYES: Councilmembers Pena, Radi, Sanchez, and Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: Councilmember Fitzpatrick
C
r�
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA,� City (
City of La Quinta, Califo
Ordinance No. 603
Amendments to Title 9 and Zoning Map
Adopted: October 18, 2022
Page 5 of 6
APPROVED AS TO FORM:
(,, ka,�n� a �/ Z
WILLIAM H. IHRKlt, City Attorney
City of La Quinta, California
Ordinance No. 603
Amendments to Title 9 and Zoning Map
Adopted: October 18, 2022
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I. MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 603
which was introduced at a regular meeting on the 4th day of October, 2022,
and was adopted at a regular meeting held on the 18th day of October, 2022,
not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within
the City of La Quinta as specified in the Rules of Procedure adopted by City
Council Resolution No. 2022-027.
-4
MONIKA RADEVA, City ClEYk
City of La Quinta, California
DECLARATION OF POSTING
I. MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on October 19th, 2022,
pursuant to Council Resolution.
MONIKA RADEVA, Cit� Cle
City of La Quinta, Californi
ORDINANCE NO. 603, EXHIBIT A, ADOPTED: OCTOBER 18, 2022
9.30.070 RH High Density Residential District.
A. Purpose. To provide for the development and preservation of medium to high density neighborhoods
(twelve (12) to sixteen (16) units per acre) with one (1)- to three (3)-story single-family attached dwellings
and one (1)- to three (3)-story townhome and multifamily dwellings.
B. Permitted Uses. Chapter 9.40 lists permitted land uses.
C. Development Standards. Chapter 9.50 provides development standards.
Chapter 9.50 contains additional details and illustrations regarding development standards.
(Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
(Supp. No. 2)
Created: 2022-07-20 15:42:44 [EST]
Page 1 of 1
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. "W: Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: 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
Y
A = Accessory use
a
o
C = Conditional use permit
`°
t
M = Minor use permit
v
°
T= Temporary use permit
o
E
E
E
E
Ln
�
v
}
L
X= Prohibited use
an
r-
30
30
z
°
p
Land Use
CR
CP
CC
CN
CT
CO
MC
VC
Retail Uses
Retail stores under 10,000 sq. ft. floor area per business
P
P
P
P
P
P
X
P
Retail stores', 10,000-50,000 sq. ft. floor area
P
P
P
P
X
X
X
P
Retail stores', 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.
P
A
P
P
A
A
X
P
floor area, open less than 18 hours/day'
Food, liquor and convenience stores under 10,000 sq. ft.
M
X
M
M
M
X
X
M
floor area, open 18 or more hours/day'
Plant nurseries and garden supply stores, with no
P
X
P
P
X
X
X
P
propagation of plants on the premises, subject to Section
9.100.110 (Outdoor storage and display)
Showroom/catalog stores, without substantial on -site
P
P
P
X
X
X
X
X
inventory
General Services
Barbershops, beauty, nail and tanning salons and similar
I P
A
P
P
I P
A
X
P
uses
(Supp. No. 2)
Created: 2022-07-20 15:42:46 [EST]
Page 1 of 6
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
I X
I 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
I 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
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
(Supp. No. 2)
Created: 2022-07-20 15:42:46 [EST]
Page 2 of 6
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 -location,
mounted to existing facility) subject to Chapter 9.170
M
M
M
M
M
M
M
M
Electrical substations
X
M
X
X
X
X
M
X
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 use','
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
(Supp. No. 2)
Created: 2022-07-20 1S:42:46 [EST]
Page 3 of 6
Rooming and boarding houses
X
X
X
X
X
X
X
M
Single room occupancy (SRO) hotels, subject to Section
9.100.250
C
X
X
X
X
X
X
X
Emergency shelters
P
P
P
P
P
P
P
X
Transitional shelters for homeless persons or victims of
domestic abuse
C
X
X
X
X
X
C
X
Single-family residential
X
X
X
X
X
X
X
X
Mixed -use projects subject to Section 9.110.120
P
P
P
P
P
P
X
P
RV rental parks and 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
Village Hospitality Home
X
X
X
X
X
X
X
C
Timeshare facilities, fractional ownership, subject to
Section 9.60.280
P
X
P
X
P
X
X
P
Automotive, Automobile Uses'
Golf cart, neighborhood electric vehicle (NEV), and
electric scooter sales
P
P
P
M
X
X
X
M
Automobile service stations, with or without minimart
subject to Section 9.100.230
C
C
C
C
X
X
X
C
Car washes
M
M
M
X
X
X
X
X
Auto body repair and painting; transmission repair
X
I C
X
I X
I X
X
I 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 Uses'
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
(Supp. No. 2)
Created: 2022-07-20 15:42:46 [EST]
Page 4 of 6
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 Section
9.100.100
M
M
M
M
M
M
M
M
Swimming pools as an accessory use
A
A
A
A
A
A
A
A
Indoor golf or tennis facilities as an accessory use
A
A
A
A
A
A
A
A
Outdoor golf or tennis facilities as an accessory use
M
M
M
M
M
M
M
M
Antennas and satellite dishes, subject to Section
9.100.070
A
A
A
A
A
A
A
A
Reverse vending machines and recycling dropoff bins,
subject to Section 9.100.190
A
A
A
A
X
X
A
M
Incidental on -site products or services for 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
(Supp. No. 2)
Created: 2022-07-20 15:42:46 [EST]
Page 5 of 6
Other uses not listed in this table: per Section 9.20.040,
director or planning commission to determine whether
use is permitted
N otes:
1 Unless use is specifically listed elsewhere in this table.
z With no consumption of alcohol on the premises.
I If part of a mixed -use project per Section 9.140.090.
4If not part of a mixed use project: Subject to Section 9.30.070 (RH, High Density Residential District) for density.
SSubject to Section 9.100.110, Outdoor storage and display.
e 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.
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)
(Supp. No. 2)
Created: 2022-07-20 1S:42:46 [EST]
Page 6 of 6
9.140.090 MU mixed use overlay regulations.
A. Purpose. To facilitate the development of mixed use projects that include both multifamily residential and
commercial components in a cohesively designed and constructed manner. The mixed use overlay district
will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity
to services, employment, and transportation hubs, and by providing interconnected multi -purpose paths for
alternative modes of transportation.
B. Applicability. The MU overlay district and the provisions of this section apply to all areas designated VC, CR,
CP, CC, CN, CT and CO districts. These regulations shall apply in addition to the regulations of the underlying
base district. In case of conflict between the base district and the MU regulations, the MU regulations shall
control.
C. Definitions. See Chapter 9.280.
D. Permitted Uses.
Any use permitted or conditionally permitted in the underlying district.
Mixed use projects consisting of both multifamily residential (apartments, condominiums, live/work,
and similar housing types) and commercial/office components.
E. Development Standards.
Mixed use projects shall include both a commercial and/or office component and a multifamily
residential component, which are fully integrated with regard to access, connectivity, and public safety.
Residential uses with a density of twelve (12) to twenty-four (24) units, must comprise a minimum of
thirty-five percent (35%) of the total square footage of the proposed project with the exception of
conversion of existing commercial buildings or portions thereof to live/work units. Mixed use projects
can be designed vertically (residential development over commercial development) or horizontally
(residential development next to commercial development).
2. Minimum lot sizes shall be one (1) acre, with the exception of the VC district where lot sizes can be less
than one (1) acre. To maximize design options, development of mixed use projects on lot assemblages
or lots greater than one (1) acre is encouraged.
3. The use of vacant pads for mixed use projects in existing commercial development along Highway 111
is encouraged.
4. Minimum densities for residential development shall be twelve (12) dwelling units per acre, with the
exception of conversion of existing commercial buildings or portions thereof to live/work units.
5. Maximum densities for residential development shall be twenty-four (24) dwelling units per acre.
Higher densities may be achieved through density bonuses, where applicable.
6. The residential component of mixed use projects shall be subject to the setback requirements of the
underlying commercial district.
7. Maximum Height. A mixed use project may be up to twenty-five percent (25%) more in height than in
the base district, if approved in the site development permit.
Mixed Use Overlay District Maximum Building Height
Underlying District
Maximum Height
CR
60 feet
CID
45 feet
(Supp. No. 2)
Created: 2022-07-20 15:42:48 [EST]
Page 1 of 3
CC
40 feet
CN
35 feet
VC
45 feet*,`*
CT
55 feet
CO
55 feet
*In the VC underlying district, when a minimum of one-half the required parking spaces are located beneath the principal mixed
use structure, the number of stories shall be measured from the finished floor of the building's ground floor and shall not include
the parking level.
** Building height from forty-six (46) to sixty (60) feet may be permitted with approval of a CUP. See Section 9.70.110.
Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio requirements of the
underlying district.
The first (ground) floor of a multi -story mixed use project located within three hundred (300) feet of
the Highway 111 right-of-way shall consist of commercial and/or office development. Residential uses
on the first (ground) floor are prohibited.
10. New buildings (constructed after the date of approval of this code) in mixed use projects shall not be
longer than three hundred (300) feet to facilitate convenient public access around the building.
11. Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks, trails, and/or
crosswalks, are required between the commercial/office and residential components of the project, as
well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They
shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles.
12. Physical barriers, such as walls and fences, between the commercial/office and residential components
of a mixed use project are discouraged; however, they may be used where necessary and appropriate,
including for public safety or the screening of outdoor storage facilities.
13. Public Spaces.
Public gathering spaces that provide active and/or passive amenities for passersby are highly
encouraged. Communal spaces may include, but are not limited to, pedestrian plazas, shaded
benches, public art, and landscape or hardscape features.
Public spaces should be centrally located or located near active land uses to assure their frequent
usage and safety.
14. Parking. Parking and loading requirements shall be in conformance with Chapter 9.150 of this code,
subject to the following provisions:
Opportunities for shared and/or reduced parking between the commercial/office and residential
components of the project are encouraged, subject to the requirements of Section 9.150.060
(Shared parking), as a means to better match parking demand with availability during various
hours of the day.
Mixed use projects shall provide preferred parking for electric vehicles and vehicles using
alternative fuels in accordance with Section 9.150.110.
15. Bicycle racks shall be provided to serve both commercial/office and residential components of the
project, and shall comply with the requirements of Chapter 9.150.
16. Landscaping shall comply with Section 9.100.040 of this code and the requirements of the underlying
district. Additional landscaping may be required to minimize impacts to adjacent properties.
17. Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code.
(Supp. No. 2)
Created: 2022-07-20 15:42:48 [EST]
Page 2 of 3
18. Signage shall be in conformance with Chapter 9.160 of this code and the requirements of the
underlying district. Monument and other signage that enhances the cohesion of the development may
be required.
19. Entry Drive. An entry drive that provides principal vehicular access into the residential component of
the project is required.
20. Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian
entry statements that convey a sense of arrival into the development. Examples include, but are not
limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage.
21. Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or
decorative gates, that contribute to the overall image and connectivity of the development.
22. New mixed use development shall relate to adjacent single-family residential districts in the following
ways:
a. By stepping down the scale, height, and density of buildings at the edges of the project adjacent
to less intense development. Step the building down at the ends or sides nearest a single-family
unit, to a height similar to that of the adjacent single-family unit (or of typical single-family
residences in the vicinity if adjacent to an undeveloped single-family zoning district).
b. By incorporating architectural elements and materials that are similar to those used in the
neighborhood.
C. By locating parking areas within the project interior or at the side or back when necessary to
achieve the "residential front yard" appearance.
d. By avoiding, wherever feasible, the construction of walls on local streets in existing
neighborhoods where the wall would be located opposite front yards.
Mixed Use Incentives.
1. Mixed use projects that provide a minimum of thirty percent (30%) of total project square footage for
retail uses shall receive a density bonus of ten percent (10%) for the residential component of the
project.
2. Mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded
parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking
requirement by fifteen percent (15%).
3. Development proposals for mixed use projects shall receive expedited entitlement and building permit
processing.
4. Mixed use projects shall receive a ten percent (10%) reduction in plan check and inspection fees.
5. Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed
of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen percent (15%).
( Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016)
(Supp. No. 2)
Created: 2022-07-20 15:42:48 [EST]
Page 3 of 3
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.
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.
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
Additional
Parking Requirement
Requirements
Single-family detached,
2 spaces per unit in a garage
For all single-family
single-family attached and
plus 0.5 guest spaces per unit
residential zones except RC,
duplexes
if no on -street parking is
parking in excess of the
available
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.
Apartments, townhomes and
All parking spaces shall be
condominiums:
distributed throughout the
site to ensure reasonable
(1) Studio
1 covered space per unit,
plus 0.5 guest spaces per unit
access to all units.
(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
(Supp. No. 2)
Created: 2022-07-20 15:42:49 [EST]
Page 1 of 8
Mobilehome parks
2 covered spaces/unit, which
may be in tandem, plus 0.5
guest spaces per unit
Senior housing (excluding
1 covered space per unit,
single family units)
plus 0.5 guest spaces per unit
Senior group housing/senior
0.5 covered spaces per unit
citizen hotels and congregate
plus 0.5 guest spaces per unit
care facilities
Lodging and Child Daycare Uses
Bed and breakfast inns
1 space per guest room plus
parking for residents as
required by this code.
Boardinghouse,
1 space per sleeping room
roominghouse, and single
room occupancy hotels
Child daycare centers,
1 space per staff member
Stacking analysis may be
including preschools and
plus 1 space per 5 children.
required to define a drop-off
nursery schools
Parking credit may be given if
facility that accommodates at
queuing area for more than 4
least 4 cars in a continuous
cars is provided, but resulting
flow, preferably one-way, to
parking shall be not less than
safely load and unload
1 per staff member plus 1 per
children
10 children
Recreational vehicle parks
1 automobile parking space
on each recreational vehicle
lot plus 1 space per 20
recreational lots for visitors
Table 9-12 Parking for Nonresidential Land Uses
Land Use
Minimum Off -Street
Maximum Off -Street
Additional
Parking Requirement
I Parking Requirement
Requirements
Commercial Uses
Bars and cocktail
1 space per 50 sq. ft.
1 space per 25 sq. ft.
lounges
GFA including
GFA including
indoor/outdoor
indoor/outdoor
seating areas (see
seating areas (see
also Restaurants)
also Restaurants)
Lumberyards and
1 space per 1,000 sq.
1 space per 500 sq.
nurseries
ft. GFA indoor area,
ft. GFA indoor area,
plus 1 space per
plus 1 space per
(Supp. No. 2)
Created: 2022-07-20 15:42:49 [EST]
Page 2 of 8
Model home
complexes
Personal service
establishments
Restaurants:
(1) Conventional sit-
down, including any
bar area
(2) Drive -through and
fast food
(1) General retail
uses under 100,000
sq. ft. GFA
(2) General retail
uses 100,000 sq. ft.
GFA and greater
Furniture and
appliance stores
Warehouses, storage
buildings or
structures used
exclusively for
storage
Mini -storage facilities
1,000 sq. ft. of
outdoor display or
sale area
10 spaces
3 spaces per 1,000
s.f.
1 space per 125 sq.
ft. GFA including
indoor and outdoor
seating areas
1 space per 100 sq.
ft. GFA, including
indoor and outdoor
seating areas, but not
less than 10 spaces.
1 space per 300 sq.
ft. GFA
1 space per 350 sq
ft. GFA
1 space per 1000 sq.
ft. GFA
1 space per 2,000 sq
ft. of gross area for
storage purposes
1 space per 5,000 sq
ft. plus 2 spaces for
any caretaker's unit
Office and Health Care Uses
(Supp. No. 2)
1,000 sq. ft. of
outdoor display or
sale area
N/A
4 spaces per 1,000
s.f.
1 space per 75 sq. ft.
GFA including indoor
and outdoor seating
areas
N/A
1 space per 250 sq
ft. GFA
1 space per 300 sq.
ft. GFA
1 space per 750 sq.
ft. GFA
1 space per 1,000 sq.
ft. of gross area for
storage purposes
N/A
For shopping centers,
freestanding
restaurants and 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)
Created: 2022-07-20 15:42:49 [EST]
Page 3 of 8
Convalescent
1 space per 4 beds
Minimum 30% of
hospitals, nursing
based on the
required spaces shall
homes, children's
resident capacity of
be covered by a
homes and
the facility as listed
trellis or carport
sanitariums
on the required
structure See also
license or permit
senior group housing
(senior citizen hotels)
under residential
uses
General offices, other
1 space per 300 sq.
1 space per 250 sq.
Minimum 30% of
than medical, dental,
ft. GFA
ft. GFA
required spaces shall
banks, savings and
be covered by a
loans, credit unions
trellis or carport
and similar financial
structure Rates are
institutions
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
1 space per 200 sq.
1 space per 175 sq.
Minimum 30% of
offices/clinics
ft. GFA
ft. GFA
required spaces shall
be covered by a
trellis or carport
structure
Veterinary hospitals
1 space per 400 sq.
1 space per 300 sq.
and clinics
ft. GFA exclusive of
ft. GFA exclusive of
overnight boarding
overnight boarding
areas
areas
Automotive Uses
Automobile repair
1 space per 250 sq.
1 space per 200 sq.
facilities
ft. of sales area
ft. of sales area, plus
2 spaces per service
bay
Automobile Fueling:
N/A
(1) Without retail
1 space per 500 sq.
sale of beverage and
ft. GFA
food items
(Supp. No. 2)
Created: 2022-07-20 15:42:49 [EST]
Page 4 of 8
(2) With retail sale of
1 space per 400 sq.
beverage and food
ft. GFA
items
Automobile, truck,
1 space per 500 sq.
N/A
Parking is for
boat, and similar
ft. GFA (not including
customers and
vehicle sales or rental
service bays), plus 1
employees, and is
establishments
space per service bay
not to be used for
display.
Car washes:
N/A
Applicant may be
required to submit a
(1) Full -service
10 spaces
(vacuuming or drying
parking study which
areas shall not be
includes a stacking
counted as parking
analysis for the
spaces)
proposed facility
(2) Express -service
2 spaces per facility
(wash bays shall not
be counted as
parking spaces)
Industrial Uses
General
1 space per 500 sq.
N/A
manufacturing,
ft. GFA
research and
development and
industrial uses
Warehousing and
1 space per 1,000 sq.
N/A
distribution space
ft. GFA
Assembly Uses
Auditoriums,
1 space per 3 seats
1 space per 2.5 seats
18 lineal inches of
theaters, cinemas
bench shall be
considered 1 fixed
seat.
Churches, temples
1 space per 5 seats of
1 space per 3 seats of
18 lineal inches of
and similar places of
assembly area
assembly area
bench shall be
assembly
considered 1 fixed
seat. Parking will be
required at the same
rate for other
auditoriums,
assembly halls or
classrooms to be
used concurrently
(Supp. No. 2)
Created: 2022-07-20 15:42:49 [EST]
Page 5 of 8
Nightclubs,
dancehalls, lodge
halls and union halls
Mortuaries and
funeral homes
Community centers
Lodging and Child Da
Daycare centers,
including preschools
and nursery schools
Hotels & motels and
Village Hospitality
Homes
Timeshare facilities,
fractional ownership
and similar facilities
Recreational Uses
Arcade, game and
video
Billiard or pool
establishments
Bowling alleys
(Supp. No. 2)
1 space per 50 sq. ft.
GFA, plus required
parking for other
uses on the site
1 space for every 5
seats of assembly
room floor area
1 space per 300 sq.
ft. GFA
ire Uses
1 space per 300 sq.
ft. GFA, plus 1.5
spaces per employee
1.3 spaces per guest
bedroom plus
required parking for
other uses on the site
1.5 spaces per
dwelling or guest unit
plus required parking
for other uses on the
site
1 space per 200 sq.
ft. GFA
1 space per 150 sq.
ft. GFA
4 spaces per alley
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
1 space for every 3
seats of assembly
room floor area, plus
1 space for each
vehicle stored onsite,
plus 5 spaces for
employees
1 space per 200 sq.
ft. GFA
1 space per 250 sq.
ft. GFA, plus 1.5
spaces per employee
1.1 spaces per guest
bedroom 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
1 space per 100 sq.
ft. GFA
5 spaces per alley
plus required parking
for other uses on the
site
with the main
auditorium
Stacking analysis
shall be required to
define a drop-off
facility that
accommodates safely
loading and
unloading children
Created: 2022-07-20 15:42:49 [EST]
Page 6 of 8
Golf uses:
(1) Driving ranges
(2) Pitch and putt,
par three and
miniature golf
courses
(3) Regulation
courses
Tennis courts,
handball/racquetball,
and other court -
based facilities
Health clubs,
membership gyms
and commercial
swimming pools
Libraries/museums
Shooting ranges
Skating rinks, ice or
roller
Stables, commercial
Public and Semipublic
Public utility facilities
not having business
offices on the
premises, such as
1 space per tee, plus
the spaces required
for additional uses on
the site
3 spaces per hole,
plus the spaces
required for
additional uses on
the site
5 spaces per hole,
plus the spaces
required for
additional uses on
the site
3 spaces per court
1 space per 200 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
1 space per 300 sq.
ft. GFA
1 space per shooting
station plus 5 spaces
for employees
1 space per 250 sq.
ft. GFA
1 space per each 5
horses kept on the
premises
Uses
1 space per
employee plus 1
space per vehicle
used in connection
with the facility
N/A
8 spaces per hole,
plus the spaces
required for
additional uses on
the site
4 spaces per court
1 space per 150 sq.
ft. GFA (for purposes
of this use, swimming
pool area shall be
counted as floor
area)
1 space per 200 sq.
ft. GFA
1 space per 200 sq.
ft. GFA
1 space per each 4
horses kept on the
premises
N/A
Created: 2022-07-20 15:42:49 [EST]
(Supp. No. 2)
Page 7 of 8
electric, gas, water,
telephone facilities
Schools:
N/A
(1) Elementary and
2 spaces per
junior high or middle
classroom
schools
(2) Senior high
10 spaces per
schools
classroom
(3) Colleges,
20 spaces per
universities and
classroom
institutions of higher
learning
(4) Trade schools,
20 spaces per
business colleges and
classroom
commercial schools
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).
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)
(Supp. No. 2)
Created: 2022-07-20 15:42:49 [EST]
Page 8 of 8
Title 9 - ZONING
Chapter 9.170 WIRELESS TELECOMMUNICATION FACILITIES
Chapter 9.170 WIRELESS TELECOMMUNICATION FACILITIES
9.170.010 Purpose.
The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of
wireless telecommunication facilities. The regulations contained herein are intended to protect and promote
public health, safety, and welfare and the aesthetic quality of the city while providing reasonable opportunities for
telecommunication services to provide such services in a safe, effective and efficient manner. These regulations
are intended to address the following community concerns:
A. To minimize adverse visual effects of towers and accessory buildings associated with wireless
telecommunication facilities through careful design, siting and vegetative screening;
B. To avoid potential damage to adjacent properties from tower failure through engineering and careful
siting of tower structures;
C. To lessen traffic impacts on surrounding residential districts;
D. To maximize use of any new and existing telecommunication tower and to reduce the number of
towers needed;
E. To ensure radio frequency radiation is in compliance with federal requirements; and
F. To allow new telecommunication towers in residential areas only if a comparable site is not available
outside residential areas.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)
9.170.020 Definitions.
"Antenna" means any system of wires, poles, rods, panels, reflecting discs or similar devices used for the
transmission or reception of radio frequency electromagnetic waves when such system is external or attached to
the exterior of a structure.
"Building -mounted" means any antenna, or other antenna associated support equipment resting on the ground,
directly attached or affixed to the side of a building, tank, tower or other structure other than a
telecommunication tower.
"Co -location" means the placement of two (2) or more wireless telecommunication facilities service providers
sharing one (1) support structure or building for the location of their facilities.
"Existing facilities" means an existing structure located in the public right-of-way or a building with an approved
site development permit and/or an existing telecommunication facility with a previously approved conditional use
permit.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communication Commission.
"FCC OET Bulletin 65" refers to the Federal Communication Commission Office of Engineering and Technology
Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields."
La Quinta, California, Municipal Code
(Supp. No. 2)
Created: 2022-07-20 15:42:50 [EST]
Page 1 of 8
"Freestanding towers" include all telecommunication towers used in association with the mounting and/or
placement of antenna and associated equipment.
"General population" means all persons who are not direct family members, relatives, or employees of the owner
or operator of a source of NIER of the owner or other users of the site of an NIER source.
"Ground -mounted" means an antenna or other antenna associated support equipment with its support structure
placed directly on the ground.
"Hand-held source" means a transmitter normally operated while being held in the hands of the user.
"Height of antenna above grade or ground" means the vertical distance between the highest point of the antenna
and the finished grade directly below this point.
"Highest calculated NIER level" means the NIER predicted to be highest with all sources of NIER operating.
"Lattice tower" means a three (3) or more legged open structure designed and erected to support wireless
telecommunication antennas and connecting appurtenances.
"Monopole" means a single pole structure designed and erected to support wireless telecommunication antennas
and connecting appurtenances.
"Roof -mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or
structure other than a telecommunication tower.
"Satellite dish" means any device incorporating a reflective surface that is solid, open mesh or bar configuration,
that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic
or radio frequency communication/signals in a specific directional pattern.
"Shared capacity" means that capacity for shared use whereby a tower can accommodate multiple users
simultaneously. Tower height, antenna weight, design and the effects of wind are prime determinants of capacity.
"Small cell facilities" means any wireless telecommunication facility that meets the following exact conditions:
The structure on which antenna facilities are mounted is:
Fifty (50) feet or less in height, or
No more than ten percent (10%) taller than other adjacent structures, or
C. Not extended to a height of more than fifty (50) feet or by more than ten percent (10%) above its
height as a result of the addition of the facility; and
2. Each antenna associated with the deployment (excluding the associated equipment with that specific
antenna) is no more than three (3) cubic feet in volume; and
3. All antenna equipment associated with the small cell facility's antennas (but, excluding the antennas
themselves) are cumulatively no more than twenty-eight (28) cubic feet in volume; and
4. The facility does not require antenna structure registration under Title 47, Part 17 of the Code of
Federal Regulations; and
5. The facility is not located on Tribal lands, as defined under Title 36, Section 800.16(x) (or successor
provision) of the Code of Federal Regulations; and
6. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable
safety standards specified in FCC Rule 1.1307(b).
"Sole -source emitter" means one (1) or more transmitters only one (1) of which normally transmits at a given
instant.
(Supp. No. 2)
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"Stealth" means improvements or treatments added to a wireless telecommunication facility which mask or blend
the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual
impacts, or any design of a wireless telecommunication facility to achieve same. Stealth designs may utilize, but do
not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the
design and construction of a tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation
of colors and design features of nearby structures.
"Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna facility,
that is used or to be used for the provision of personal wireless service (whether on its own or comingled with
other types of services).
"Telecommunication tower" means a monopole or lattice tower.
"Wireless telecommunication facility or facilities" means any structure, antenna, pole, equipment and related
improvements, the primary purpose of which is to support the transmission and/or reception of electromagnetic
signals, including, but not limited to, telecommunication towers.
"Vehicle source" means a transmitter regularly used in vehicles that normally move about.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)
9.170.030 Permitted locations.
Location Preferences. Location preferences are provided in furtherance of the purpose of this chapter, as set forth
under Section 9.170.010. To the maximum extent feasible, new telecommunication facilities shall be located
according to the following preferences, with the most preferred sites listed first:
A. Major community facilities (MC), parks and recreation (PR), and industrial (1) zoning districts;
B. All commercial zoning districts;
C. Very -low density (VRL), residential low density (RL), medium density residential (RM), and medium high
density residential (RMH) zoning districts;
D. High density residential (RH) zoning district; and
E. Open space (OS) and floodplain (FP) zoning districts.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
9.170.040 Applicability.
This chapter shall apply to all wireless telecommunication facilities for the transmission and/or reception of
wireless radio, television, and other telecommunication signals including, but not limited to, commercial wireless
communication systems such as cellular and paging systems, except those facilities defined in this chapter as
exempt facilities.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
9.170.050 Exemption.
The following uses are exempt from this chapter but may be regulated by other sections of the municipal code:
A. Portable hand-held devices and vehicular transmission;
(Supp. No. 2)
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B. Industrial, scientific and medical equipment operating at frequencies designated for that purpose by
the FCC;
C. Government -owned communication facilities used primarily to protect health, safety and welfare;
D. Facilities operated by providers of emergency medical services, including hospital, ambulance and
medical air transportation services, for use in the provision of those services;
E. A source of nonionizing electromagnetic radiation with an effective radiated power of seven (7) watts
or less;
F. A sole -source emitter with an average output of one (1) kilowatt or less if used for amateur purposes,
such as CB radios;
G. Goods in storage or shipment or on display for sale, provided the goods are not operated except for
occasional testing or demonstrations;
H. Amateur or "ham" radio equipment;
Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070; and
Any facility specifically exempted under federal or state law.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)
9.170.060 Approval standards.
A. Except as specifically otherwise noted, general approval standards for all telecommunication facilities
include:
1. Compliance with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels,
and FAA requirements;
2. Addition of the planned equipment to an existing or approved tower shall not result in NIER levels in
excess of those permitted by the FCC;
3. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible.
B. Telecommunication Tower Provisions.
1. All towers shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, to avoid
adverse visual impacts to the surrounding properties and the community as a whole.
2. The base of the tower shall comply with the setback standards in the underlying zoning district, except
where additional setbacks under subsection (13)(7) apply.
3. Towers shall not be located within primary image corridors as designated in the general plan, except
those towers proposed to be located within the major community facilities (MC) zoning district.
5. All new towers shall be designed at the minimum height functionally required. No new
telecommunication tower shall exceed one hundred (100) feet in height.
6. The proposed tower shall be designed structurally to accommodate the maximum number of
foreseeable users, including all potential co -location scenarios.
7. All accessory structures associated with a tower shall comply with the setback standards in the
underlying zoning district.
8. Any guy -wire anchors shall be set back twenty-five (25) feet from any property lines.
9. Towers shall not be artificially lighted unless required by the FAA or state aeronautics division.
(Supp. No. 2)
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10. Existing on -site vegetation shall be preserved to the maximum extent feasible.
C. Roof -Mounted and Building -Mounted Telecommunication Facilities.
1. All building -mounted facilities shall comply with Section 9.100.050 of this code.
2. Equipment shall not be visible to surrounding properties.
3. All equipment shall blend or architecturally match the existing design of the building. Elements used to
screen roof -mounted or building -mounted equipment shall not appear as "add -on" elements to the
existing building.
Small Cell Facilities.
1. All small cell facilities shall be required to meet the following standards:
a. Painted or treated to match the pole and/or structure on which it is to be located.
b. All wiring shall be enclosed within the antenna, pole and/or structure so that it is not visible from
the right-of-way or neighboring parcels.
C. All antennas shall not exceed twelve (12) inches in diameter and thirty-six (36) inches in height.
d. All ground -mounted equipment shall be fully screened in equipment cabinets integrated within
the base of the pole or in a permanent cabinet located within the landscaped parkway.
e. All small cell facilities shall incorporate stealth/camouflaged design(s) to the maximum extent
feasible, and as allowed by pertinent law, to avoid adverse visual impacts to the surrounding
properties and the community as a whole.
2. Small cell facilities shall only be mounted on the top of, or within the top five (5) feet of a structure.
3. The associated equipment (as that term is used in the definition of small cell facilities) shall be located
within the base of the pole on which the small cell is located, only if such equipment does not impede
the path of travel or reduce a sidewalk to a width narrower than that required by the Americans with
Disabilities Act (ADA) and/or building code in effect at the time. If appurtenant equipment is to be
located in a ground -mounted cabinet, it shall be placed on a permanent foundation in the landscaped
parkway of the public right-of-way, and shall be screened by landscaping to the satisfaction of the
director.
4. Small cell facilities shall not be located within twenty-five (25) feet of a residential structure.
5. Prior to applying for a permit for the development and deployment of a small cell facility, the applicant
must demonstrate compliance with either of the following standards (or some combination thereof
where necessary):
a. Where the facility is to be located on city -owned property, the applicant must have a fully
executed lease with the city or other reasonable indication that the city has consented to the
proposed facility.
b. Any other application shall be accompanied by proof that the applicant has sufficient rights to
install and maintain the proposed facility.
6. Small cell facilities are not subject to subsection A of this section.
Other Facilities. Other facilities are described as those telecommunication facilities that do not fit the
descriptions above. These facilities may include, but are not limited to, rock features and other wireless
telecommunication facility designs. All telecommunication facilities shall be stealth to the maximum extent
feasible.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
(Supp. No. 2)
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9.170.070 Application.
All new telecommunication facilities shall require a conditional use permit. Additions, such as additional antennas
or equipment or size increases, to approved existing telecommunication facilities shall require a minor use permit
for director approval. Modifications to approved existing telecommunication facilities shall be reviewed through a
building permit. All modifications and/or additions shall be reviewed on a case -by -case basis. Upon review of an
application for modification and/or additions to an existing facility, the director may schedule the proposal for a
hearing with the planning commission. In all cases, unless otherwise waived by the director, an application for
approval of a wireless telecommunication facility shall include, at a minimum:
A. A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires; existing and
proposed facilities; vehicular parking and access; existing vegetation to be added, retained, removed or
replaced; and uses, structures and land use and zoning designations on the site and abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other
features.
C. Photo simulations showing the proposed wireless telecommunication facility and surrounding features.
Photo simulations shall include at least three (3) different angles of the proposed facility at different
distances from the location, including before and after visualizations.
D. RF maps showing all existing wireless telecommunication facilities within a ten (10)-mile radius of the
proposed facility. The RF maps shall show existing coverage without the proposed site, predicted
coverage with the proposed site and existing sites, and the predicted coverage of only the proposed
site. RF maps shall show the predicted coverage for indoor, in vehicle, and outside service.
E. The applicant shall provide a project information and justification letter. The letter shall provide the
project location, contact information, a project description and project objectives, alternative site
analysis and justification for why the proposed site was chosen over existing sites. The letter shall
include justification for the selected site and a benefits summary on how the proposed site will
improve wireless telecommunication access in the community.
F. A structural report from a California registered structural engineer. The report shall provide the
following information:
1. Describe the tower and the technical, economic and other reasons for the tower design;
2. Demonstrate that the tower complies with the applicable structural standards;
3. Describe the capacity of the tower, including the number and type of antennas that it can
accommodate and the basis for the calculation of capacity;
4. Show that the tower complies with the capacity requested under Section 9.170.060; and
5. Demonstrate that the proposed sources of NIER are in compliance with FCC guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics division to provide a written statement
that the proposed tower complies with applicable regulations administered by that agency or that the
tower is exempt from those regulations. If each applicable agency does not provide a requested
statement after the applicant makes a timely, good -faith effort to obtain it, the application will be
accepted for processing. The applicant shall send any subsequently received agency statements to the
director.
H. Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to lease excess space
on the tower and excess land on the tower site except to the extent reduced capacity is required under
Section 9.170.060.
(Supp. No. 2)
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The applicant shall provide a draft copy of the lease agreement between the tower operator and the
property owner to the planning division. Financial information may be blocked out.
A letter of intent, committing the tower owner and his or her successor in interest to:
1. Respond in a timely, comprehensive manner to any request, required under Section 9.170.060,
for information from a potential shared -use applicant, the tower owner may charge a party
requesting information under this section to pay a reasonable fee not in excess of the actual cost
of preparing a response.
2. Negotiate in good -faith or shared use by third parties; an owner generally will negotiate in the
order in which requests for information are received, except an owner generally will negotiate
with a party who has received an FCC license or permit before doing so with other parties.
3. Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions
described in this section.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 579 § 1, 2019; Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
9.170.080 Operations and maintenance.
A. All new telecommunication towers shall be designed within the applicable American National Standards
Institutes (ANSI) standards.
B. No wireless telecommunication facility or combination of facilities shall produce, at any time, power
densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation
Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of
operation of the wireless telecommunication facility.
C. Each telecommunication facility will be subject to a ten (10)-year review by the planning commission. The
review will determine whether or not the originally approved telecommunication facility and accessory
equipment are still in compliance with the conditions of approval, and that all radio frequencies are in
compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer.
D. All wireless telecommunication facilities shall be installed and maintained in compliance with the
requirements of the Uniform Building Code, National Electrical Code, the city's noise ordinance, and other
applicable codes, as well as other restrictions specified in the permit and this section. The facility operator
and the property owner shall be responsible for maintaining the facility in good condition, which shall
include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site.
E. All wireless telecommunication facilities and related support equipment shall be designed to prevent
unauthorized persons from accessing and/or climbing upon any wireless telecommunication facility or
appurtenance thereto. Fences, walls, and other landscape materials shall be installed to prevent
unauthorized persons from accessing and/or climbing a wireless telecommunication facility.
F. All wireless telecommunication facility operators are required to notify the city of La Quinta's planning
division within sixty (60) days of any change of ownership of the facility.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
9.170.090 Required findings of approval.
The following findings shall be made by the planning commission and/or director prior to approval of any wireless
telecommunication facility:
(Supp. No. 2)
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A. Consistency with General Plan. The wireless telecommunication facility is consistent with the goals,
objectives and policies of the general plan;
B. Public Welfare. Approval of the wireless telecommunication facility will not create conditions
materially detrimental to the public health, safety and general welfare;
C. The proposed wireless telecommunication facility minimizes adverse visual impacts through careful
design and site placement;
D. The proposed wireless telecommunication facility is designed at the minimal height to achieve the
service provides objectives for coverage within this portion of the community;
E. The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification
letter, to improve community access to wireless service.
( Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)
(Supp. No. 2)
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Page 8 of 8
9.200.110 Appeals.
For purposes of this section, the "board of appeals" shall be the planning commission for decisions appealed to the
planning commission and shall be the city council for decisions appealed to the city council.
A. Persons Who May Appeal. Any interested person may appeal a decision of the director or the planning
commission regarding the action taken on a development review permit application for a development
project upon submittal of the required documents and information and the payment of the required
fee.
Call -Up Review. The board of appeals (either the planning commission or city council), on its own
motion adopted by a majority vote of its total membership, may elect to call up and review any
decision of the director or the planning commission regarding the action taken on a development
review permit application. The planning commission's or city council's call-up review shall be processed
in accordance with this section
C. Appeal Procedures.
(Supp. No. 2)
1. Time Limits for Filing Appeals.
All appeals, except call-up reviews pursuant to subsection B, shall be filed with the director
within fifteen (15) calendar days of the date on which the decision being appealed was
rendered. If the fifteenth day is a nonworking day for the city, the appeal period shall be
extended to include the next city working day. No appeal shall be accepted after the appeal
period has expired.
A request for call-up review pursuant to subsection B shall be initiated by a member of a
board of appeals (either the planning commission or city council) delivering written request
for call-up review to the city manager or designee within fifteen (15) calendar days of the
date on which the decision of the director or the planning commission (as applicable) was
rendered. Upon timely receipt of the request for call-up review, the city manager or
designee shall schedule as an agenda item at the next regular meeting of the board of
appeals, on which the member calling up review is seated, the question whether an appeal
shall be considered for the decision subject to call-up review. If the next regular meeting of
the board of appeals is cancelled, the city manager or designee shall reschedule the
question whether an appeal shall be considered at the next regular meeting that is not
cancelled. No appeal may be heard on a decision subject to call-up review unless a majority
of the membership of the board of appeals votes to approve the consideration of the
appeal. The board of appeals shall consider the appeal that was subject to call-up review
not later than forty-five (45) days after the board of appeals votes to approve consideration
of the appeal. An appeal may be heard and decided at the same meeting at which the
majority of the membership voted to approve the call-up review, provided no applicable
law would be violated if the hearing of an appeal occurs at the same meeting. A member of
the city council may initiate the call-up review process for a director's decision on a
development review permit, without the need for review of that decision by the planning
commission, in which case an appeal of the decision subject to call-up review may be
considered directly by the city council if a majority of the membership of the city council
vote to approve the consideration of the appeal pursuant to this section.
2. Required Documents. Each appeal, except for call-up reviews, shall be in writing and shall include
all grounds for the appeal and sufficient information so as to make it clear to the planning
commission or city council the substance of each of the grounds for appeal. The director may
require that the written appeal be accompanied by such other documents and information that
Created: 2022-07-20 15:42:51 [EST]
Page 1 of 2
the director determines to be necessary to adequately explain and provide proper notification for
the appeal. No appeal shall be accepted if it fails to contain the grounds for the appeal and the
description of the grounds.
3. Forwarding of Records. When an appeal has been received, the director shall forward to the
planning commission or city council all documents and information on file pertinent to the appeal
together with the minutes or official action of the decision -making authority and a report on the
basis of the decision.
4. Public Hearing Requirements. If the original approving action did not require a public hearing, the
appeal review shall not require a public hearing. If the original approving action required a public
hearing, the appeal review shall also require a public hearing. Notice and scheduling
requirements for an appeal hearing shall be the same as those for an original hearing as
described in Section 9.200.100.
5. Issues to Be Considered. The planning commission or city council may refuse to consider any
issues which were not raised by the appellant or another person either by verbal testimony or
written correspondence made at or before the time the decision -making authority took action.
When reviewing a decision -making authority's decision via its own call-up review, the planning
commission or city council may raise and consider any issue it deems appropriate to the project
application.
6. Action on Appeal. Not later than forty-five (45) days after an appeal has been received and
accepted by the director, the planning commission or city council shall consider the appeal and
take one (1) of the following actions:
a. Take action to sustain, reverse or modify the original decision. If an original decision to
approve a project is modified, the planning commission or city council may modify
permitted land uses, place additional or different conditions of approval on the project,
direct that revisions be made to project plans, or require other project modifications.
Continue the appeal for further consideration.
Refer the application back to the original decision -making authority with directions.
Majority Vote. Action by the planning commission or city council to reverse or modify an
appealed decision shall require a majority vote of appeal board members present. If there is a tie
vote, the original decision shall stand.
(Ord. 550 § 1, 2016; Ord. 538 § 6, 2016; Ord. 284 § 1, 1996)
(Supp. No. 2)
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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 orstructure" 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.
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."
(Supp. No. 2)
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Page 1 of 21
"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, 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.
(Supp. No. 2)
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Page 2 of 21
"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.
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 (%) 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.
(Supp. No. 2)
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"Child day care home" or 'family day care home" means, consistent with Section 1596.78 of the State Health and
Safety Code:
"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.
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.
"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."
"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."
(Supp. No. 2)
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"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.
"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.
(Supp. No. 2)
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"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.
"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 more than one separate residential
dwelling unit, which is used or occupied, or is intended to be used or occupied, in whole or in part, as the home or
residence of one or more persons on a single parcel or building site.
(Supp. No. 2)
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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 minimal supportive services for homeless persons that is limited to
occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency
shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities„ 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.
"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.
(Supp. No. 2)
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Page 7 of 21
"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.
"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.
(Supp. No. 2)
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Page 8 of 21
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."
"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."
"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.
(Supp. No. 2)
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Page 9 of 21
"Industrial park," "business park" or 'office park" means anon residential 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.
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."
"Live/Work Unit" is a single unit consisting of both a commercial/office and a residential component that is
occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.
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.
(Supp. No. 2)
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Page 10 of 21
Lot Types and Lot Lines
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:
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);
(Supp. No. 2)
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Page 11 of 21
C. On a through lot, the lot line abutting the street providing primary access to the lot.
"Interior lot line" means any lot line not abutting a street.
"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.
"Side lot line" means any lot line which is not a front or rear lot line.
"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."
"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."
(Supp. No. 2)
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Page 12 of 21
"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 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.);
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 13 of 21
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:
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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 14 of 21
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.
"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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 15 of 21
"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.
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, cafes, 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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 16 of 21
"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.")
"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 expressed as a percentage; e.g., "the slope has a twenty
percent (20%) gradient" (usually used to describe natural as opposed to manufactured, slopes).
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 17 of 21
"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 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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 18 of 21
"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.
"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.
"Village Hospitality Home" means a unit located on a parcel size between 4,500 square feet and 10,000 square feet
that is not occupied by an owner or manager and that is rented in its entirety to transient guests for a period of
thirty (30) consecutive calendar days or less, subject to Chapter 3.24 Transient Occupancy Tax.
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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 19 of 21
"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:
"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.
"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.
"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.
REAR YARD
I INTERIOR
SIDE YAR❑
w _
uJ
FRONT YARD
EXTERIOR SIDE YAR❑
STREET
TYPES OF YARDS
"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.
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 20 of 21
( 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)
(Supp. No. 2)
Created: 2022-07-20 15:42:52 [EST]
Page 21 of 21
ORDINANCE NO. 603, EXHIBIT B, ADOPTED: OCTOBER 18, 2022
Proposed change to RL
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La Quinta City Boundaries
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Zoning Designations
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RL Low Density Residential
Nonresidential
MC Major Community Facilities
Special Purpose
- OS Open Space
- GC Golf Course
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