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ORD 213ORDINANCE NO. 213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTIONS TO THE LA QUINTA MUNICIPAL CODE REGARDING SECOND UNITS, DEVELOPMENT STANDARDS FOR ATTACHED OR DETACHED GUEST HOUSES, AND DEVELOPMENT STANDARDS FOR NON - LIVABLE PERMANENT OR PORTABLE ACCESSORY BUILDINGS AND/OR STRUCTURES AND LANDSCAPING REQUIREMENTS AND CONFIRMATION OF THE ENVIRONMENTAL DETERMINATION CASE NO. ZONING ORDINANCE AMENDMENT 92-024 CITY OF LA QUINTA The City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 4.1 of Riverside County Ordinance No. 348 (which was adopted by reference by this City Council by Ordinance 5, operative August 29, 1982) and amending the La Quinta Municipal Code as noted in the attached Exhibit "A". SECTION 2. ENVIRONMENTAL. The amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance 5), in that the Planning Director conducted an initial study and has determined that the proposed amendment will not have a significant adverse impact on the environment and a Negative Declaration is hereby adopted. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. 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 Book of Ordinances of this City. The foregoing Ordinance was approved and adopted at a meeting of the City Council held on this 15th day of September, 1992, by the following vote: ORDDRFT.019 AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff and Mayor Pena NOES: None ABSENT: None ABSTAIN: None 0�'- P'�' JOHN J. PENA, Mayor City of La Quinta, California ATTEST: 6�� - SAUNDRA L. JUMOLA, City Clerk City of La Quinta, California DAWN HONEYWELL, City Attorney City of La Quinta, California ORDDRFT.019 ORDINANCE NO. 213 AUGUST 4, 1992 ZONING ORDINANCE AMENDMENT 92-024 EXHIBIT "A" Add the following sections to the La Quinta Municipal Code as sections 9.32.015 (in R-1), 9.42,030 (H) [in S-RI, 9,44.025 (in R-2). 9.48,025 (in R-2 A). 9,50,022 (B) [in R-U. 9,52,025 (in R-3). 9,68,025 (in R-4). 9.116.015 (in A-1) Conditional uses. The following use may be allowed subject to obtaining a Conditional Use Permit as provided by Chapter 9.172. SECOND UNITS ("Granny Housing") A second unit which provides for living, sleeping, eating, cooking, and sanitation; will only be allowed on a lot or parcel with a minimum of 7,200 square feet or larger. A second unit may be attached, as part of the existing residential unit not to exceed 30% of the existing living area, or a unit may be detached with a square footage not to exceed 1200 square feet. This unit is intended for the sole occupancy of one or two persons who are 62 years of age or more, or a handicapped person of any age (and spouse or care giver). The following provisions are applicable: 1. The unit is not intended for sale and may be rented. 2. The lot is zoned for single family or multi -family use. 3. The lot contains an existing single family dwelling. 4. a. The second unit is attached to the existing residence and is located within the living area of the existing dwelling. b. Whenever an increase in floor area is involved, it shall not exceed 30 % of the existing living area. C. Local building code requirements shall apply to attached structures as appropriate. 5. a. The unit may be a detachdetachd unit which does not exceed 1200 square feet. ORDDRFT.019 3 Ordinance No. 213 b. Any second unit shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements applicable to residential construction in the zone in which the property is located. C. Local building code requirements shall apply to detached dwellings, as appropriate. 6. Approval by the local health officer where a private sewage disposal system is being used, if required. 7. "Living area", means the interior habitable area of a dwelling unit, including basements and attics (if permitted) and shall not include a garage or any accessary structure. 8. A minimum of three off-street parking spaces must be provided (two car garage for the primary residential unit and one space enclosed or open for the second unit). Tandem parking does not qualify for this provision. 9. No more than 60% of the lot can be covered with permanent/temporary buildings (such as a single family home, second unit, accessory buildings, garages, covered patios, guest house, gazebos etc). (In ground pools, for this calculation, are not part of the 60%.) Add the following sections to the La Ouinta Municipal code as Sections 9,32,030 (in R-1), 9,42,085 (in SR). 9,44,120 (in R-2). 9,48,090 (in R-2 A). 9,50.100 (in R-V), 9,52,040 (in R-3), 9,68,080 (in R-4,). 9.116,030 (in A-1): DEVELOPMENT STANDARDS FOR ATTACHED OR DETACHED GUEST HOUSES These provisions regulate guest houses. All applications shall be reviewed utilizing the administrative plot plan process. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the unit to a rental or for sale, or permit the addition of a kitchen or cooking facility. A "guest house" means an attached or detached unit which does not have cooking facilities, but has sleeping and sanitary facilities; is ancillary to a permanent existing residence; is developed on the same parcel; complies with the design guidelines of the zone it is located; is architecturally compatible with the existing primary residential unit and adheres to the development standards of the zone it is located. A detached guest house, in addition to the above, must comply with the following minimum standards: ORDDRFT.019 Ordinance No. 213 Height: Setbacks: Single story Front Rear Side (interior) Street side 17 feet 25 feet 10 feet 5 feet 10 feet Parking: One open or enclosed space in addition to that required for primary residence. Tandem parking is not permitted. Setback from permanent building: 6 feet Maximum square footage: 300 Lot Coverage: Not more than 60 % of the lot can be covered with permanent/temporary buildings (such as a single family homes, private garages, second units, accessory buildings, covered patios, guest houses, etc.). Add the following sections to the La Quinta Municipal Code as Sections 9 32 040 (in R-11 9,42.087 (in SR). 9.44,130 (in R-2). 9,48,100 (in R-2 A). 9.50,110 (in R-V). 9 52 050 (in R-3)., 9.68.090 (in R-4), 9,116,040 (n A-1Z DEVELOPMENT STANDARDS FOR DETACHED NON -LIVABLE PERMANENT OR PORTABLE ACCESSORY BUILDINGS AND/OR STRUCTURES. Utilization of the provisions of this section preclude the request of a setback adjustment as is provided for in Chapter 9.188 of the Municipal Code. The building shall be constructed in a manner so as to prevent roof top water from draining onto any adjacent parcel. Examples of accessory buildings include; storage sheds, gazebos, covered patios, above ground spas and cabanas. Carports and garages for cars, recreational vehicles, motorhomes, etc. are not permitted to use these standards. Not more than 60 % of the lot can be covered with permanent/temporary buildings (such as single family homes, garages, second units, accessory buildings, covered patios, guest houses, etc.). Setback from: Interior Street Maximum Roof area of Permanent Rear Yard Side Yard Front Yard Side Height Building Habitable Bldg Setback Setback_ Setback Limit Limit (Sq. Feet) (Feet) (Feet) (Feet) (Feet) (Feet) (Feet) 0- 100 5 2 3 20 10 8 101-199 5 4 3 20 10 10 200 - 250 6 6 5 20 10 12 251 - 400 6 10 5 20 10 14 ORDDRFT.019 5 Ordinance No. 213 Add the following sections to the La Quinta Municipal Code as Sections 9 32 050 (in R-1). 9 44 140 (in R-2) 9 48 110 (in R-2 A). 9 50 120 (in R-V) 9 52 060 (in R-3), 9 68 100 (in R- 4). 9,116,050 (in A-1) 1. Landscaping for single family developments shall comply with the following. a). The front yard of all lots, and in addition the street side yard of corner lots, shall be landscaped to property line, edge of curb, sidewalk, or edge of street pavement, which ever is furthest from the residence. b). The landscaping shall include trees (minimum two 15-gallon trees on interior lots and five 15-gallon trees on corner lots), shrubs, and groundcover and/or hardscape of sufficient size, spacing, and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the Manual on Architectural Standards and the Manual on Landscaping Standards as adopted by the Planning Commission. c.) A permanent water -efficient irrigation system shall be provided for all areas required to be landscaped. d.) The landscaping shall be continuously maintained in a healthy and viable condition by property owner. ORDDRFT.019 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 213 which was introduced at a regular meeting held on the 4th day of August and adopted on the 15th day of September 1992, not being less than 5 days after introduction thereof. -` I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a res ution of the City Council. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, Cali,, ornia do hereby certify that the foregoing Ordinance was pos d on September 24, 1992 pursuant to City Council Resolution. S#UNDRA L. JUHOLA; City Clerk City of La Quinta, California