ORD 609 Title 9 Flagpole Reg. 9.60.340 & 9.280.030 ZOA 2023-1001ORDINANCE NO. 609
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SECTION 9.60.340
OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City Council of the City of La Quinta, California did, on January
16, 2024, hold a duly noticed public hearing for review of a City -initiated request of Zoning
Ordinance Amendment 2023-1001 to amend Section 9.60.340 of Title 9 of the La Quinta
Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City
of La Quinta did, on December 12, 2023, consider a resolution to recommend City Council
adopt Zoning Ordinance Amendment 2023-1001 and the resolution did not pass by
unanimous vote; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on January 5, 2024, as prescribed
by the Municipal Code; and
WHEREAS, the zoning ordinance amendment allows the placement of flagpoles
for residential zoning districts managed by a homeowner association (HOA), to not be
limited to the minimum setback from a property line, with the approval of the board of
directors of the HOA; 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:
1. Consistency with General Plan
The code amendment is consistent with the goals, objectives, and policies of the
General Plan. The proposed amendment is supported by Policy LU -1.2 for land
use decisions to be consistent with General Plan policies and programs and uphold
the rights and needs of property owners and the public; and
2. Public Welfare
Approval of the code amendment will not create conditions materially detrimental
to the public health, safety, and general welfare. The amendment allows for
flexibility on the placement of flagpoles on single family property managed by a
homeowner association and consistent with the covenants, conditions, and
restrictions (CC&Rs) governing the single family property, with the approval of the
board of directors of the HOA, and does not incorporate any changes that affect
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 2 of 38
the regulation and/or provision of public services, utility systems, or other
foreseeable health, safety, and welfare considerations.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. TITLE 9 shall be amended as written in "Exhibit A" attached hereto.
SECTION 2. The proposed zoning code 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 zoning code amendment is
consistent with the previously approved findings of the General Plan 2035 EIR
(Environmental Assessment 2012-622) as the proposed amendment implements the
goals, policies, and programs of the General Plan.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2023-1001, as set forth in attached "Exhibit A" for the reasons set forth in
this Ordinance.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least two public places designated by resolution of
the City Council, shall certify to the adoption and posting of this Ordinance, and shall
cause this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby
grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure
consistency of all approved text amendments prior to the publication in the La Quinta
Municipal Code.
SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
Ordinance No. G09
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 3 of 38
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 6th day of February 2024, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RADEVA, tity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms EXHIBIT Q
Adopted: February 6, 2024
Page 4 of 38
9.60.340 - Flagpoles.
Flagpoles shall be allowed in all residential zoning districts subject to the following
standards:
A. Height of flagpoles shall not exceed twenty (20) feet.
B. Flagpoles shall not be allowed within any yard, except if a yard abuts open space,
a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5
feet from any property line.
C. Installation of flagpoles shall require a building permit.
D. For residential zoning districts, in which single family dwellings are located within a
common interest development and subject to a declaration of covenants,
conditions, and restrictions (CC&Rs) and managed by a homeowner association,
the placement of flagpoles on lots with single family dwellings shall not be limited
to the standard set forth in Subsection (B) of this section, if the proposed
placement of a flagpole is consistent with the CC&Rs governing the single family
dwelling and the board of directors of the homeowner association approves the
placement of the flagpole. The applicant shall submit a letter or other city -required
document from the homeowner association that confirms the approval of the
placement of the flagpole with a building permit application.
E. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the
height limitation in this section, shall be allowed to remain in place so long as a
building permit is obtained if there was no building permit issued previously. Proof
of installation or existence of flagpoles prior to February 14, 2019, may be
required.
9.280.030 - Definition of terms.
"Abandoned" means a structure or use, the development or operation of which
has been ceased or suspended.
"Abutting" or "adjacent" means two (2) or more parcels sharing a common
boundary at one (1) or more points.
"Access/egress" means provision for entering a site from a roadway and exiting
a site onto a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of
which is subordinate and incidental to the main building or use on the same
building site. As it pertains to Section 9.140.060, Equestrian overlay district,
"accessory building" means any building subordinate to a permitted or
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 5 of 38
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
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 6 of 38
viticulture, apiculture, or horticulture, the raising of livestock, fur bearing
animals, fish, or poultry, and any practices performed by a farmer or on a farm
as incident to or in conjunction with such farming operations, including
preparation for market, delivery to storage or to market, or to carriers for
transportation to market.
"Alley" means a secondary means of access to abutting property located at the
rear or side of the property.
"Alteration" means any physical change in the internal or external composition
of a building or other structure.
Animal Hospital or Animal Clinic. See "Veterinary clinic."
"Antenna" means a device for transmitting or receiving radio, television,
satellite, microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and
used for occupancy by one (1) family on a rental basis.
"Apartment building" or "apartment project" means a building or group of
buildings in a single ownership with three (3) or more dwelling units per building
and with most or all units occupied on a rental basis.
Area, Project Net. See "Project net area."
"Arena" means an enclosure physically similar to a corral, designed and
constructed so as to be used for conducting equine -related entertainment and
events open to the public, including, but not limited to, rodeos, polo matches,
riding shows and exhibitions, etc.
"Attached structures" means two (2) or more structures which are physically
connected with a wall, roof, deck, floor, bearing or support structures, trellises,
architectural features or any other structure, fixture or device that exceeds thirty
(30) inches in height above the finished grade.
Attached Dwelling or Attached Residential. See "Dwelling, attached."
"Automobile repair specialty shop" means a retail and service place of business
engaged primarily in light repair and sale of goods and services for motor
vehicles, including brake, 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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 7 of 38
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 8 of 38
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 9 of 38
"Cattery" means any building, structure,
(5) or more cats are kept or maintained
purpose of boarding, breeding, training,
purpose.
enclosure or premises within which five
primarily for financial profit for the
marketing, hire or any other similar
"Cellar" means a nonhabitable building level which: (1) has more than one-half
('/2) of its height below the adjoining finish grade at all points; and (2) has a floor
area no more than one-half (1/2) that of the floor immediately above. A cellar is
not counted as a building story.
"Certificate of occupancy" or "certificate of use and occupancy" means a permit
issued by the city prior to occupancy of a structure or the establishment of a
land use to assure that the structure or parcel is ready for occupancy or use
and that all ordinance requirements and project conditions of approval are
fulfilled.
"Child day care center" or "preschool" means a child day care facility operated
by a person, corporation or association used primarily for the provision of
daytime care, training or education of children at any location other than their
normal place of residence. The maximum number of children accommodated is
determined by state licensing provisions and city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State
Health and Safety Code, a facility which provides nonmedical care to children
under eighteen (18) years of age in need of personal services, supervision, or
assistance essential for sustaining the activities of daily living or for the
protection of the individual on less than a twenty-four (24) -hour basis. Child day
care facility includes both child day care centers and child day care homes.
"Child day care home" or "family day care home" means, consistent with
Section 1596.78 of the State Health and Safety Code:
1. "Family day care home" means a home that regularly provides care,
protection, and supervision for fourteen (14) or fewer children, in the provider's
own home, for periods of less than twenty-four (24) hours per day, while the
parents or guardians are away, and is either a large family day care home or a
small family day care home.
2. "Large family day care home" means a home that provides family day care for
seven (7) to fourteen (14) children, inclusive, including children under the age of
ten (10) years who reside at the home.
3. "Small family day care home" means a home that provides family day care for
eight (8) or fewer children, including children under the age of ten (10) years
who reside at the home.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 10 of 38
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 11 of 38
"Common interest development" bears the same meaning as defined in Section
4100 of the California Civil Code (or successor provision).
"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."
"Condominium" means, consistent with Section 4125 of the California Civil
Code (or successor provision), 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
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 12 of 38
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."
"Declaration of covenants, conditions, and restrictions (CC&Rs)" has the same
meaning as "declaration" set forth in Section 4135 of the California Civil Code
(or successor provision) as applicable to a common interest development.
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 13 of 38
"Density" means the number of dwelling units per gross acre, unless another
area measurement is specified.
"Density bonus" means a density increase over the otherwise maximum
allowable residential density under the applicable zoning ordinance and land
use element of the general plan as of the date of application by the applicant to
the city.
"Detached building or structure" means a building or other structure that does
not have a wall or roof in common with any other building or structure.
"Development" means, on land or in or under water: the placement or erection
of any solid material or structure; discharge or disposal of any dredged material
or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging,
mining or extraction of any materials; change in the density or intensity of use of
land, including, but not limited to, subdivision pursuant to the Subdivision Map
Act, and any other division of land, including lot splits, except where the land
division is brought about in connection with the purchase of such land by a
public agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction, demolition or alteration
of the size of any structure, including any facility of any private, public or
municipal utility; and the removal or harvesting of major vegetation other than
for agricultural purposes.
"Development standard" means site or construction conditions that apply to a
housing development pursuant to any ordinance, general plan element, specific
plan, charter amendment, or other local condition, law, policy, resolution, or
regulation.
"Director" or "planning director" means the city manager or designee.
District. See "Zoning district."
District, Nonresidential. See "Nonresidential district."
District, Residential. See "Residential district."
District, Special Purpose. See "Special purpose district."
"Downtown village directional sign panel" means an interchangeable sign panel
which does not require a sign permit, mounted on a monument base structure.
The sign panels list businesses in the village commercial zoning district.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 14 of 38
"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 (1) 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 (1) or more persons on a single parcel or building site.
Dwelling, Patio Home. "Patio home dwelling" means a single-family detached
dwelling shifted to one (1) side of the lot, i.e., placed on the lot so that one (1)
side setback is zero (0) or nearly zero (0) and the other side setback is larger
than if both side setbacks were approximately equal.
Dwelling, Single -Family. "Single-family dwelling" means one (1) main dwelling
unit on a single parcel or building site.
Dwelling, Single -Family Attached. "Single-family attached dwelling" means a
main dwelling unit attached to one (1) other main dwelling unit by means of a
roof and/or interior wall, with each dwelling unit occupying its own lot.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 15 of 38
Dwelling, Single -Family Detached. "Single-family detached dwelling" means a
main dwelling unit not attached to any other main dwelling unit.
Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit
attached typically to two (2) or more other main dwelling units by means of a
roof and/or interior wall, with each dwelling unit occupying its own lot.
"Dwelling unit" means one (1) or more rooms, including a bathroom and
kitchen, designed and used for occupancy by one (1) family for living and
sleeping purposes.
Dwelling Unit, Second. See "Second unit."
"Easement" means a recorded right or interest in the land of another which
entitles the holder thereof to some use, privilege or benefit in, on, over or under
such land.
"Educational institution" means a private or public elementary or secondary
school, college or university qualified to give general academic instruction
equivalent to the standards prescribed by the state board of education.
"Elevation" means the vertical distance above sea level.
"Emergency shelter" means housing with services for homeless persons that is
limited to occupancy of six (6) months or less by a homeless person. Low
Barrier Navigation Centers are also included in this definition. No individual or
household may be denied emergency shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or
kitchen or cooking facilities, for the housing of domestic employees and located
upon the same building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced
only by windows, vents or customary entrances and exits.
"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:
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 16 of 38
1.General finding such as that notwithstanding the exception, the resulting
project will still be consistent with the goals and/or policies underlying the
development standard; and
2.One (1) or more specific findings justifying the particular exception requested.
"Family" means one (1) or more persons occupying one (1) dwelling unit. The
word "family" includes the occupants of congregate living and residential care
facilities, as defined herein, serving six (6) or fewer persons which are permitted
or licensed by the state. The word "family" does not include occupants of a
fraternity, sorority, boardinghouse, lodginghouse, club or motel.
Family Day Care Home. See "Child day care home."
"Farm" means a parcel of land devoted to agricultural uses where the principal
use is the propagation, care and maintenance of viable plant and animal
products for commercial purposes.
"Farmworker housing" means any building or group of buildings where six (6) or
more farm employees are housed.
"First class condominium hotel" means a condominium hotel where both of the
following apply:
1.The condominium hotel has a brand operator or an independent operator that
is experienced in the upscale segment or luxury segment of the hospitality
industry as defined by J.D. Power and Associates; and
2.The condominium hotel satisfies the published requirements that will be
sufficient for a ranking of no fewer than three (3) stars in the most recent annual
awards list published from time to time by AAA Travel Guides or by the Mobil
Travel Guide.
Flag. See sign definitions, Section 9.160.130.
Flag Lot or Panhandle Lot. See definitions under "Lot."
"Flood" means a general and temporary condition of partial or complete
inundation of land areas from the overflow of inland and tidal waters, the rapid
accumulation of runoff of surface waters from any source, or mudslides (i.e.,
mudflows) which are proximately caused or precipitated by accumulations of
water on or under the ground.
"Flood insurance rate map (FIRM)"or "flood boundary and floodway
map" mean the official maps provided by the Federal Emergency Management
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 17 of 38
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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 18 of 38
Grade, Average Finish. "Average finish grade" means the elevation determined
by averaging the highest and lowest elevations of a parcel, building site or other
defined area of land after final grading.
Grade, Finish. "Finish grade" means the ground elevation at any point after final
grading.
"Grading" means the filling, excavation or other movement of earth for any
purpose.
"Granny flat" or "granny housing" means a secondary dwelling unit which is: (1)
intended for the sole occupancy of one (1) or two (2) adult persons sixty-two
(62) years of age or over; and (2) located on a building site containing an
existing single family detached dwelling. The floor area of an attached granny
flat does not exceed thirty percent (30%) of the existing floor area of the primary
single family residence and the floor area of a detached granny flat does not
exceed one thousand two hundred (1,200) square feet. (See also "Second
unit.")
"Grazing" means the act of pasturing livestock on growing grass or other
growing herbage or on dead grass or other dead herbage existing in the place
where grown as the principal sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or
group of contiguous parcels minus any right-of-way for arterial highways not
including collector streets. Each acre so determined is a gross acre.
Gross Density. See "Density."
"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
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 19 of 38
facilities, and which is used primarily for sleeping purposes by members of the
family occupying the main building, their nonpaying guests, and domestic
employees.
"Guest ranch" means any property of five (5) acres or more operated as a ranch
which offers guest rooms for rent and which has outdoor recreational facilities
such as horseback riding, swimming or hiking.
Habitable area. See "Livable floor area."
"Habitable room" means any room usable for living purposes, which includes
working, sleeping, eating, cooking or recreation, or a combination thereof. A
room designed and used only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of
its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability,
or its physical, chemical or infectious characteristics, may: (1) cause or
significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness; or (2) pose a substantial present
or potential hazard to human health or the environment when improperly
treated, stored, transported, disposed of, or otherwise managed.
Home for the aged. See "Convalescent home."
Homeless Shelter. See "Emergency shelter."
"Home occupation" means an occupation or activity conducted as an accessory
use within a dwelling unit incidental to the residential use of the property.
See Section 9.60.110.
"Homeowner association" or "HOA" means the "association," as defined in
Section 4080 of the California Civil Code (or successor provision) that serves as
the nonprofit corporation or unincorporated association created for the purpose of
managing a common interest development.
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 20 of 38
"Industrial park, " "business park" or "office park" means a nonresidential
development wherein the permitted uses are planned, developed, managed
and maintained as a unit, with landscaping, amenities, and common off-street
parking provided to serve all uses on the property.
"Intensity" means the level of development or activity associated with a land
use, as measured by one (1) or more of the following:
1.The amount of parking required for the use per Chapter 9.150.
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,
(5) or more dogs are kept or maintained
purpose of boarding, breeding, training,
purpose.
enclosure or premises within which five
primarily for financial profit for the
marketing, hire or any other similar
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 21 of 38
"Live entertainment" means any act, play, revue, pantomime, scene, dance or
song, or any combination of the foregoing performed in person by one (1) or
more persons whether or not they are compensated for their performance.
Living Area. See "Livable floor area."
Lodginghouse. See "Boardinghouse."
"Lot" means an area of land under one (1) ownership which is identified as a lot
or parcel on a recorded final map, parcel map, record of survey recorded
pursuant to an approved division of land, certificate of compliance, or lot line
adjustment. The terms "lot" and "parcel" are interchangeable for purposes of
this code. Types of lots and their definitions are as follows:
1. "Corner lot" means a lot abutting two (2) streets intersecting at an angle of not
more than one hundred thirty-five (135) degrees. If the angle of intersection is
more than one hundred thirty-five (135) degrees, the lot is an "interior lot."
2. "Flag or panhandle lot" means a lot connected to the street with a narrow
access portion less than forty (40) feet wide and more than twenty (20) feet
long and situated so that another lot is located between the main portion of the
flag lot and the street.
Lot Types and Lot Lines
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 22 of 38
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);
c.On a through lot, the lot line abutting the street providing primary access to
the lot.
2. "Interior lot line" means any lot line not abutting a street.
3. "Rear lot line" means a lot line which does not intersect the front lot line and
which is most distant from and most parallel to the front lot line. In the case of
an irregularly-shaped lot or a lot bounded by only three (3) lot lines, the rear lot
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 23 of 38
line is a ten (10) -foot long line parallel to and most distant from the front lot line
for the purposes of determining setbacks and other provisions of this code.
4. "Side lot line" means any lot line which is not a front or rear lot line.
"Low Barrier Navigation Center" as defined in Government Code Section 65660
means a Housing First, low -barrier, service -enriched shelter focused on moving
people into permanent housing that provides temporary living facilities while
case managers connect individuals experiencing homelessness to income,
public benefits, health services, shelter, and housing.
"Lower income households" bears the same meaning as defined in Section
50079.5 of the California Health and Safety Code.
"Lowest floor" means, with regard to flood protection, the lowest floor of the
lowest enclosed area, including a basement or cellar. An unfinished or flood -
resistant enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a basement area, is not considered a building's
lowest floor provided that such enclosure is not built so as to render the
structure in violation of the applicable design requirements of the FP floodplain
district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one (1) or
more sections which has been certified under the National Manufactured
Housing Construction and Safety Standards Act of 1974.
"Master commercial development" means a commercial center for which an
overall site development permit was approved and implemented, which may
have remaining unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation
element of the city's general plan designating adopted and proposed routes for
all commuter, secondary, primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage
facilities needed for the proper development of the city.
"Maximum allowable residential density" means the density allowed under
applicable zoning ordinances, or if a range of density is permitted, means the
maximum allowable density for the specific zoning range applicable to the
subject project.
"Median" means a paved or planted area separating a street or highway into
opposite -direction travel lanes.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 24 of 38
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."
"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.
III oroMP,TRAIM iT01111004-M AFUMEM. 9117- IM •'LTi' A
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."
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 25 of 38
"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."
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 26 of 38
"Off-site hazardous waste facility" means any structures, other appurtenances
or improvements on land and all contiguous land serving more than one (1)
producer of hazardous waste, used for the treatment, transfer, storage,
resource recovery, disposal or recycling of hazardous waste, including, but not
limited to:
1.Incineration facilities (i.e., rotary kiln, fluid bed, etc.);
2.Residual repository (i.e., receiving only residuals from hazardous waste
treatment facilities);
3.Stabilization/solidification facilities;
4.Chemical oxidation facilities;
5. Neutralization/precipitation facilities; or
6.Transfer/storage facilities.
"Open space" means any parcel or area of land or water, public or private,
which is reserved for the purpose of preserving natural resources, for the
protection of valuable environmental features, or for providing outdoor
recreation or education. Open space does not include roads, driveways or
parking areas not related to recreational uses, any buildings, building setback
areas or the required space between buildings, or surface utility facilities.
Open Space, Usable. "Usable open space" means open space which is
predominately level (i.e., slopes less than five percent (5%)) but which may
contain some steeper land (i.e., with slopes up to twenty percent (20%)) which
has utility for picnicking or passive recreation activities and which complements
surrounding usable open space. Usable open space is a minimum of fifteen
(15) feet in width and three hundred (300) square feet in area and may include
structures and impervious surfaces such as tot lots, swimming pools, basketball
courts, tennis courts, picnic facilities, walkways or bicycle trails.
Outdoor Advertising Sign. See "Billboard" in sign definitions, Section 9.160.130.
"Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor
fixtures, lamps and other devices, permanent or portable, used for illumination
or advertisement. Such devices shall include, but are not limited to, search,
spot, or flood lights for:
1.Buildings and structures;
2.Recreational areas;
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 27 of 38
3.Parking lot lighting;
4.Landscape lighting;
5.Billboards and other signs (advertising or other);
6.Street lighting;
7.General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses
which utilize a movable or relocatable stand or cart for walk-up sales. The stand
or cart must be of a size and design suitable for placement on a private
sidewalk, plaza, or pedestrianway.
Panhandle Lot or Flag Lot. See definitions under "Lot."
"Parcel" means an area of land under one (1) ownership which is identified as a
lot or parcel on a recorded final map, parcel map, record of survey recorded
pursuant to an approved division of land, certificate of compliance or lot line
adjustment. The terms "lot" and "parcel" are interchangeable for purposes of
this code.
"Parking accessway" means a vehicular passageway that provides access and
circulation from a street access point into and through a parking lot to parking
aisles and between parking areas.
"Parking structure" means a structure which is open or enclosed and is used for
the parking of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the
adjacent property line or physical boundary, such as a fence or wall, which is
used for landscaping and/or passive open space.
"Pasture" means an enclosed holding area consisting of grass or similar
vegetation, specifically used for purposes of grazing or feeding of animals.
Patio Home. See "Dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this
zoning code and subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association,
social club, fraternal organization, company, joint stock association,
corporation, estate, trust, organization, business, receiver, syndicate, public
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 28 of 38
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,
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 29 of 38
schools, public parks, and other uses or easements which preclude the use of
the land therein as part of the development project.
Projecting Sign. See sign definitions, Section 9.160.130.
"Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city
within the county, or any political subdivision or agency thereof.
Rear Lot Line. See definitions under "Lot line."
"Reasonable accommodation" means the process of providing flexibility in the
application of land use, zoning, and building regulations, practices, and
procedures to eliminate barriers to housing opportunities for persons with
disabilities.
"Recreational vehicle" or 'RV" means all trailers or any vehicle placed on a
trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed
and used for temporary habitation, including motorhomes, travel trailers, "5th
wheels" and camper shells.
"Recycling" means the process by which waste products are reduced to raw
materials and transformed into new products.
Relocatable Building. See "Building, relocatable."
"Residential care facility" or "community care facility" means a residential facility
which is licensed by the state to provide living and treatment facilities on a
monthly or longer basis for six (6) or fewer of the following: wards of the juvenile
court, elderly persons, mentally disordered persons, handicapped persons or
dependent and neglected children. Such a facility is permitted in all types of
residences by operation of state law.
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, caf6s, 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
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 30 of 38
"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:
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 31 of 38
1.An efficiency unit, as defined in Section 17958.1 of the Health and Safety
Code;
2.A manufactured home, as defined in Section 18007 of the Health and Safety
Code.
"Section" means a portion of this zoning code beginning immediately after a six
(6)- or seven (7) -digit number beginning with 9., e.g., 9.10.010 or 9.280.030,
and extending to the next such six (6)- or seven (7) -digit number. (See also
"Subsection.")
"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."
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 32 of 38
"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).
"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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 33 of 38
"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
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 34 of 38
illness, HIV or AIDS, substance abuse, or other chronic health conditions, or
individuals eligible for services provided under the Lanterman Developmental
Disabilities Services Act and may, among other populations, include families
with children, elderly persons, young adults aging out of the foster care system,
individuals exiting from institutional settings, veterans, or homeless people.)
"Swimming pool" means an artificial body of water having a depth in excess of
eighteen (18) inches, designed, constructed and used for swimming, dipping or
immersion purposes by humans.
"Tandem parking" means any off-street parking space(s), or arrangement of
such spaces, configured in such a manner such that one (1) or more spaces is
not directly accessible to a street or other approved access without traversing
any portion of another space.
"Temporary sign" means any non -illuminated sign which may require a sign
permit and which is intended to be posted for a maximum of forty-five (45) days.
Temporary signs include without limitation: political campaign signs, garage
sale signs and seasonal sales signs.
"Temporary use" means a land use established for a specified period of time,
which use is discontinued at the end of such specified time.
"Timeshare facility" means a facility in which a person receives the right in
perpetuity, for life or for a specific period of time, to the recurrent, exclusive use
or occupancy of a lot, parcel, unit, or portion of real property for a period of time
which has been or will be allocated from twelve (12) or more occupancy periods
into which the facility has been divided. A timeshare use may be coupled with
an estate in the real property or it may entail a license, contract, membership,
or other right of occupancy not coupled with an estate in the real property.
Townhome. See "Dwelling, townhome."
"Transient basis" means for a continuous period of two (2) weeks or less.
"Transitional housing" is buildings configured as rental housing developments,
but operated under program requirements that call for the termination of
assistance and recirculation of the assisted unit to another eligible program
recipient at some predetermined future point in time, which shall be no less
than six (6) months.
"Transitional shelter" means a shelter for homeless persons or victims of
domestic abuse which provides accommodations for persons on a transient
basis, i.e., for a continuous period of two (2) weeks or less.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 35 of 38
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 four
thousand five hundred (4,500) square feet and ten thousand (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.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 36 of 38
"Wing wall" means an architectural feature in excess of six (6) feet in height
which is a continuation of a building wall projecting beyond the exterior walls of
a building.
"Yard" means an open space on a parcel of land or building site unobstructed
and unoccupied from the ground upward except for wall projections permitted
by this code. Yards are classified as follows:
1. "Front yard" means a yard extending across the full width of the lot between
the front lot line or the ultimate street right-of-way line and a setback line within
the lot. The depth of the front yard is equal to the setback established in the
development standards for the applicable zoning district and is measured along
a line drawn at a ninety (90) -degree angle to whichever of the following results
in the greatest setback: the front lot line or its tangent or the ultimate street
right-of-way or its tangent.
2. "Rear yard" means a yard extending across the full width of the lot between
the rear lot line and a setback line within the lot. The depth of the rear yard is
equal to the setback established in the development standards for the
applicable zoning district and is measured along a line drawn at a ninety (90) -
degree angle to whichever of the following results in the greatest setback: the
rear lot line or its tangent or the ultimate street right-of-way or its tangent.
3. "Side yard" means a yard extending from the front setback line to the rear
setback line. The depth of the side yard is equal to the setback established in
the development standards for the applicable zoning district and is measured
along a line drawn at a ninety (90) -degree angle to whichever of the following
results in the greatest setback: the side lot line or its tangent or the ultimate
street right-of-way or its tangent.
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 37 of 38
REAR YARD
I INTERIOR
w SIDE YARD
w _
FRONT YARD
EXTERIOR SIDE YARD
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.
( Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; 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)
Ordinance No. 609
Amendments to Section 9.60.340 — Flagpoles and Section 9.280.030 — Definition of terms
Adopted: February 6, 2024
Page 38 of 38
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. 609 which was introduced
at a regular meeting on the 16th day of January, 2024, and was adopted at a regular
meeting held on the 6th day of February, 2024, 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.
MONIKA RA VA, ty Clerk
City of La Quinta, C ifornia
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 February 7, 2024, pursuant to Council Resolution.
MONIKA RADEVA, City Jerk
City of La Quinta, California