ORD 240ORDINANCE 240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING ORDINANCE 236
TO EXTEND THE EFFECTIVE DATE OF SECTION
9.32.020(G) OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City Council of the City of La Quinta did duly pass and adopt
Ordinance 236 on November 2, 1993, as an Interim Ordinance; and,
WHEREAS, by adopting Ordinance 236 the City Council did thereby amend the
La Quinta Municipal Code by adding Section 9.32.020(G) to provide that no building permit,
design approval or subdivision amendment shall be granted to construct a unit in a residential
subdivision where some portion of the subdivision has previously been constructed and the
square footage of the unit to be constructed will deviate more than ten percent (10%) from the
square footage of that portion of the subdivision previously constructed; and,
WHEREAS, Ordinance 236 provides that Section 9.32.020(G) will be of no
further force and effect as of December 16, 1993; and,
WHEREAS, a deviation in the design of a residential subdivision resulting in
more than a ten percent (10%) change in the square feet per unit continues to pose a current and
immediate threat to the public health, safety, and welfare of the citizens of the City of La
Quinta, and that the approval of additional requested changes to designs, requests for building
permits, or requests for amendments to subdivision maps which include size variations of greater
than ten percent (10%) compared to the originally approved and built units would result in a
threat to the public health, safety, and welfare of the citizens of La Quinta; and,
WHEREAS, Government Code Section 65858(a) provides that an Interim
Ordinance may be extended for a period of ten (10) months and fifteen (15) days and
subsequently extended for a period of one year; and,
WHEREAS, staff has issued a written report ten (10) days prior to the expiration
of Ordinance 236, describing the measures taken to date to alleviate the condition, which report
is attached hereto as Exhibit 1; and,
WHEREAS, it is necessary to extend the effective date of Section 9.32.020(G)
to continue to protect the interest of the citizens of the City of La Quinta in aesthetic consistency
and neighborhood harmony; and,
ORDDRFT.042 1
Ordinance 93-240
WHEREAS, the City Council continues to consider an amendment to the
development standards in the One -Family Dwellings Zone which provides controls which would
prohibit any deviation in design in a residential subdivision where a portion of the subdivision
has been constructed which results in more than a ten percent (10%) change in the square feet
per unit; and,
WHEREAS, it is necessary for this ordinance to become immediately effective
to enable the City to adequately protect the health, safety, and welfare of the community.
NOW, THEREFORE, the City Council of the City of La Quinta, California does
hereby ordain as follows:
Section 1. Section 2 of Ordinance 236 which provides that Chapter 9.32.020(G) of
the La Quinta Municipal Code shall expire and be of no further force and effect on December
16, 1993, is hereby amended to read as follows:
"This Chapter 9.32.020(G) shall expire and be of no further force and effect on
10 - 2 2 - 9 4 , but may be extended pursuant to the procedure set forth in
California Government Code Section 65858(a)."
Section 2. This Ordinance extending the effective date of Ordinance 236 is necessary
for the immediate preservation of the public health, safety, and welfare, and therefore it is
hereby declared that this is an Urgency Ordinance which shall take effect immediately upon its
adoption.
Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance
and shall cause the same to be posted in three public places in the City of La Quinta and the
same shall be in full force and effect immediately after its adoption.
The foregoing Ordinance was approved and adopted at a meeting of the City Council held
on this 7thday of December , 1993, by the following vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff,
Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
I-
JOA&. PENA, Mayor
City of La Quinta, California
ORDDRFT.042
Ordinance 93-240
city
City of La Quinta, California
DAWN HONEYWELL, City Attorney
City of La Quinta, California
ORDDRFT.042
ordinance 93-240
EXHIBIT "1"
Report of measures taken to alleviate the condition which led to the adoption of this Ordinance:
1. Through public input, citizens of La Quinta voiced concerns of residential compatibility
within various partially developed subdivisions. The number of potentially affected
parcels is estimated to be 1,142 or ten percent (10%) of the total approved housing stock
in all residential zones in the City.
2. The City Council instructed staff to create, 1) a residential unit size in the R-1 Zoning
District compatible with existing units; and 2) a compatible ordinance to regulate design
changes which might be proposed within a partially developed subdivision.
3. Staff prepared a draft Zoning Ordinance with the input of a group of concerned citizens.
4. The draft Zoning Ordinance was presented to the City Council at an agendized study
session for preliminary review and public input.
5. Council directed staff to further analyze portions of the draft Zoning Ordinance and
schedule the necessary Planning Commission and City Council public hearings. The
draft Zoning Ordinance has been made available to interested citizens upon request.
6. The Planning Commission will conduct a public hearing on the drafted Zoning Ordinance
on December 14, 1993, at 7:00 P.M.
7. The public hearing before the Planning Commission will be advertised in the local
newspaper in a 1/8" page display ad.
8. Assuming the Planning Commission takes action on December 14, 1993, the City
Council will consider the action in January, 1994. The same noticing process used for
the Planning Commission hearing will be used for the Council hearing.
9. In the event the Council adopts the ordinance, it will be scheduled for Council's second
reading with an effective date 30-days later.
ORDDRFT.042 4
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. 240 which was introduced
and adopted at a regular meeting held on the 7th day of December, 1993 as an urgency measure.
I furer certify that the foregoing ordinance was posted in three (3) places within the City of
La mta as specified in a resolution of the City Council.
$AUNDRA L. JUH(CA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing Ordinance was posted on December 17, 1993 pursuant to City Council
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California