ORD 092 ORDINANCE NO. 92
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADOPTING AND CONTINUING,
AS AN URGENCY MEASURE, CERTAIN REGULATIONS CHANGING
THE APPROVAL PROCEDURE FOR CERTAIN COMMERCIAL
DEVELOPMENT PROJECTS WHICH MAY BE IN CONFLICT WITH
A CONTEMPLATED ZONING PROPOSAL, SAID REGULATIONS TO
BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO
GOVERNMENT CODE SECTION 65858.
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. From and after the effective date of this ordinance,
and for the period during which this ordinance remains in effect, and
notwithstanding any other ordinance, resolution or regulation of the
City to the contrary, no officer, employee or department administering
City business shall accept or process any application for a building
permit for certain commercial development projects, as defined within
this ordinance, regardless of zoning district unless and until the
Planning Commission has granted a plot plan approval for such commer-
cial development project, utilizing in general the procedures and
criteria set forth in Section 18.30 of the City's Zoning Ordinance and
in particular making findings that:
(a) The architectural aspects of the development will be
compatible with, and not detrimental to, other existing
and future developments in the surrounding area; and
(b) Applicable development standards, including, but not
limited to, setbacks, parking, landscaping, site design,
signage and similar features, will be compatible with,
and not detrimental to, other existing and future develop-
ments in the surrounding area; and
(c) The proposed use and related development is consistent
with the purpose and intent of applicable policies set
forth in the La Quinta General Plan.
This ordinance is a continuation of changes in the approval procedure
for certain commercial development projects by Ordinance No. 90 and
shall be in full force and effect from April 5, 1986 to February 17,
1987, unless sooner repealed or otherwise modified.
SECTION 2. DEFINITIONS. For the purposes of this ordinance, the
following words or phrases shall have the following definitions:
A. "Certain Commercial Development Projects" means offices,
retail establishments, restaurants, service businesses,
hospitals, hotels, motels and other similar uses deter-
mined to be of a commercial nature wherein a new building
or use is proposed for construction, an increase in floor
ORDINANCE NO. 92
area or use area for an existing building or use is
proposed, or a remodeling of an existing building
affecting its exterior appearance is proposed.
SECTION 3. EXCEPTIONS. Section 1 of the ordinance shall not
apply to:
(a) The remodeling of existing commercial buildings where there
is no change to the exterior appearance of the building; and
(b) Certain commercial development projects where existing
zoning regulations require the approval of a conditional
use permit or public use permit.
SECTION 4. URGENCY. This ordinance is adopted as an urgency
measure pursuant to the authority of Section 65858 of the Government
Code of the State of California, for the immediate preservation and
protection of the public safety, health and welfare, and shall take
effect immediately upon its adoption and passage by at least four-
fifths vote of the City Council. The City Council finds and
determines that there is a current threat to the public health,
safety and welfare in that the City of La Quinta has recently adopted
a new General Plan and because a number of commercial development
proposals are expected in the immediate future, the public interest
now requires a systematic review and comprehensive analysis of
ordinances designed to implement that plan. It is contemplated that
from such studies, which are soon to be conducted by the City, there
will emerge new zoning regulations and development standards for
commercial development projects, and during the interim period while
this can be accomplished, it is essential that controls imposed by
this ordinance be maintained, so that uses which would otherwise be
established and developed during the interim period will not there-
after be in conflict with the contemplated zoning regulations and
development standards.
SECTION 5. EFFECTIVE PERIOD OF ORDINANCE. This ordinance shall
remain in effect for a ten-month-and-fifteen-day period pursuant to
Section 65858 of the Government Code of the State of California,
unless sooner repealed or otherwise modified, and subject to any
extension of the effective period duly enacted pursuant to and in
accordance with said Section 65858.
SECTION 6. POSTING. The City Clerk shall, within 15 days after
the passage of this ordinance, cause it to be posted in at least the
three public places designated by Resolution of the City Council;
shall certify as to the adopting and posting of this ordinance; and
shall cause this ordinance and its certification, together with proof
of posting, to be entered in the Book of Ordinances of this City.
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ORDIN~CE NO. 92
APPROVED and ADOPTED by the La Quinta city council at a regular
meeting held this 1st day of ~r~], 1986, by the following roll
call vote:
AYES: Allen, Wolff, Bohenberger, Cox, and Mayor Pena
NOES: NONE
ABSENT: NONE
YOR
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 92 which was adopted at a
regular meeting held on the 1st day of April
1986, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
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city of La Quinta, california