ORD 242ORDINANCE 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA
MUNICIPAL CODE BY AMENDING THE MINIMUM HOUSE SIZE
AND CREATING COMPATIBILITY STANDARDS THROUGHOUT
THE CITY AND CONFIRMATION OF THE ENVIRONMENTAL
DETERMINATION
CASE NO.: ZONING ORDINANCE AMENDMENT 93-039
The City Council of La Quinta does ordain as follows:
SECTION 1. The first paragraph of Sections 9.32.020 and Section 9.52.030 of the La
Quinta Municipal Code each of which shall be amended to read as follows:
All single family unit developments, regardless of zoning district, must comply with the
following Standards. (Except that senior citizen and/or affordable housing
developments/subdivisions are permitted deviations from the following requirements,
provided that, 1) the overall density of the development/subdivision does not exceed the
density (plus any bonuses) as designated by the General Plan Land Use diagram; and,
2) the senior citizen and/or affordable housing development/subdivision is reviewed by
the conditional use permit process. The deviations from the standards can only be
granted through the conditional use permit process.)
SECTION 2. Amend Sections 9.32.020 and Section 9.52.030 of the La Quinta
Municipal Code to add the following:
H. Minimum gross livable area shall be 1,400 square feet, excluding the garage, as
measured from the exterior walls of the dwelling.
I. Bedroom dimensions: a minimum bedroom size of 100 square feet, as measured from
the interior walls of the room.
J. Bathrooms: there shall not be less than one and one-half baths in one or two bedroom
dwellings, and not less than one and three-quarter baths in dwellings with three or more
bedrooms.
K. Garage dimensions: each dwelling shall have a two -car garage with interior dimensions
not less than twenty feet square (20' X 20'), which space shall remain clear of
mechanical equipment, appliances, or other improvements which conflict with its purpose
to store vehicles. An additional four feet shall be provided to the width or depth if
_-_ mechanical equipment or appliances, including but not limited to washer, dryer, and
forced air unit, are contained within the garage interior. A water heater is permitted
without additional interior garage area being required provided that it is located so as not
to conflict with vehicular parking or pedestrian access.
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L. Access between house and garage: a separate pedestrian door into the garage shall be
provided as either an interconnecting door providing direct access between the dwelling
and garage, or a pedestrian door leading outside to a paved walkway which provides
direct access to a keyed entry into the dwelling.
M. Mechanical and related equipment: when ground -mounted, heating and cooling
mechanical equipment shall be screened from all sides. When equipment is located on
pitched roofs or flat roofs wells and/or screening must be provided on all sides. The
screening must be an integral part of the architectural design of the house.
N. Landscaping: the front yard of all lots, and in addition, the side yard of corner lots,
shall be landscaped to property line per the requirements of the development standards
of the Zoning District.
O. Screening: refuse container areas and permanently mounted bottled gas tanks shall be
concealed by landscaping or block/masonry walls.
P. Underground utilities: all electric services, overhead wires, or associated structures must
be installed underground from the service pole (if any) to the new residence.
Q. Driveway materials: the driveway shall be surfaced with concrete and constructed in
accordance with City standards.
R. Lighting: all exterior lighting shall be located and directed so as not to shine directly on
adjacent properties or otherwise create a nuisance (see Chapter 9.210).
S. Fencing: refer to the fencing requirements contained in the Development Standards of
the underlying Zoning District.
SECTION 3. There is hereby added to the La Quinta Municipal Code the following new
Sections 9.32.025 and Section 9.52.031 each of which are to read as follows:
Single Family Dwelling Unit Approval Process: One of the following methods shall be
used to review single family dwelling unit proposal prior to the issuance of a building
permit.
A. The precise plan process (Section 9.42.110) shall be used for single family
dwelling units proposed for construction on a lot within the City unless the
compatibility review process is required.
B. The compatibility review process (Chapter 9.25) shall be used for any single
family dwelling unit proposed for construction within a subdivision or any
partially built -out phases within a subdivision recorded after May 1, 1982, where
the units proposed are classified as a major design deviation from the previously
approved units.
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SECTION 4. There is hereby added to the La Quinta Municipal Code the following new
Sections 9.32.027 and 9.52.033 each of which are to read as follows:
Minor and Major Design Deviation: The Planning and Development Department shall
make the determination of whether a design deviation is major or minor using the
following criteria:
A. A minor design deviation can be approved by the Planning and Development
Department without a public hearing using the precise plan process (Section
9.42.110). Minor design deviation means a modification of an approved
architectural unit within a subdivision that involves items such as, but not limited
to, less than five percent (5 %) change in square footage of existing constructed
or approved units; columns, dormer vents, window size changes, plant -on
locations, color, and stucco texture changes. The Planning and Development
Director may refer the minor design deviation to the Planning Commission for
a non -hearing compatibility review.
B. A major design deviation is subject to the review and approval process of Chapter
9.25 Compatibility Review Process. A major design deviation means, a five
percent (5 %) or more change in square footage of existing constructed or
approved units; any exterior architectural modification not defined as a minor
design deviation.
SECTION 5. There is hereby added to the La Quinta Municipal Code the following new
Sections 9.44.027, 9.48.027 and 9.50.027 each of which are to read as follows:
A. Development Standards
1. Minimum gross livable area shall be 1,400 square feet, excluding the
garage, as measured from the exterior walls of the dwelling.
2. Bedroom dimensions: a minimum bedroom size of 100 square feet, as
measured from the interior walls of the room.
3. Bathrooms: there shall not be less than one and one-half baths in one or
two bedroom dwellings, and not less than one and three-quarter baths in
dwellings with three or more bedrooms.
4. Garage dimensions: each dwelling shall have a two -car garage with
interior dimensions not less than twenty feet square (20' X 20'), which
space shall remain clear of mechanical equipment, appliances, or other
improvements which conflict with its purpose to store vehicles. An
additional four feet shall be provided to the width or depth if mechanical
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equipment or appliances, including but not limited to washer, dryer, and
forced air unit, are contained within the garage interior. A water heater
is permitted without additional interior garage area being required
provided that it is located so as not to conflict with vehicular parking or
pedestrian access.
5. Access between house and garage: a separate pedestrian door into the
garage shall be provided as either an interconnecting door providing direct
access between the dwelling and garage, or a pedestrian door leading
outside to a paved walkway which provides direct access to a keyed entry
into the dwelling.
6. Mechanical and related equipment: when ground -mounted, heating and
cooling mechanical equipment shall be screened from all sides. When
equipment is located on pitched roofs or flat roofs wells and/or screening
must be provided on all sides. The screening must be an integral part of
the architectural design of the house.
7. Landscaping: the front yard of all lots, and in addition, the side yard of
corner lots, shall be landscaped to property line per the requirements of
the development standards of the Zoning District.
8. Screening: refuse container areas and permanently mounted bottled gas
tanks shall be concealed by landscaping or block/masonry walls.
9. Underground utilities: all electric services, overhead wires, or associated
structures must be installed underground from the service pole (if any) to
the new residence.
10. Driveway materials: the driveway shall be surfaced with concrete and
constructed in accordance with City standards.
11. Lighting: all exterior lighting shall be located and directed so as not to
shine directly on adjacent properties or otherwise create a nuisance (see
Chapter 9.210).
12. Fencing: refer to the fencing requirements contained in the Development
Standards of the underlying Zoning District.
B. Approval Process: One of the following methods shall be used to review single
family dwelling unit proposals prior to the issuance of a building permit.
1. The precise plan process (Section 9.42.110) shall be used for single family
dwelling units proposed for construction on a lot within the City unless the
compatibility review process is required.
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2. The compatibility review process (Chapter 9.25) shall be used for any
single family dwelling unit proposed for construction within a subdivision
or any partially built -out phases within a subdivision recorded after May
1, 1982, where the units proposed are classified as a major design
deviation from the previously approved units.
C. Minor and Major Design Deviation: The Planning and Development Department
shall make the determination of whether a design deviation is major or minor
using the following criteria:
1. A minor design deviation can be approved by the Planning and
Development Department without a public hearing using the precise plan
process (Section 9.42.110). Minor design deviation means a modification
of an approved architectural unit within a subdivision that involves items
such as, but not limited to, less than five percent (5 %) change in square
footage of existing constructed or approved units; columns, dormer vents,
window size changes, plant -on locations, color, and stucco texture
changes. The Planning and Development Director may refer the minor
design deviation to the Planning Commission for a non -hearing
compatibility review.
2. A major design deviation is subject to the review and approval process of
Chapter 9.25 Compatibility Review Process. A major design deviation
means, a five percent (5 %) or more change in square footage of existing
constructed or approved units; any exterior architectural modification not
defined as a minor design deviation.
SECTION 6. There is hereby added to the La Quinta Municipal Code Chapter 9.25
which is to read as follows:
CHAPTER 9.25
Compatibility Review Process
Sections:
9.25.010
Compatibility Review Process for Major Design Deviations
9.25.020
Completeness of Application
9.25.030
Development Standards for Compatibility Review Process
9.25.040
Planning Commission Review
9.25.050
Public Hearing Process
9.25.060
Appeal Process
9.25.070
Fees
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SECTION 9.25.010. COMPATIBILITY REVIEW PROCESS FOR MAJOR DESIGN
DEVIATIONS.
The completed application along with the following information shall be submitted to the
Planning and Development Department for major deviations.
1. One copy of the preliminary title report or deed of trust to the subject property.
2. Eighteen (18) sets of the site development plan (number as required by the Planning and
Development Department), each set to incorporate the following:
a. Dimensioned floor plan(s) relating to all building layout aspects, showing
bedrooms, kitchens, hallways, baths, etc.
b. Four -point elevations of the units proposed, delineating architectural feature(s),
and listing proposed building materials, finishes, colors, etc.
C. A detailed site plan delineating all siting aspects of the development (i.e.,
setbacks, topography, fencing locations, locations provided for mechanical and
heating/air conditioning systems, parking, accessways, adjacent streets, utilities,
and drainage.
d. A conceptual landscaping plan, showing a listing of quantities, species, location
and plant sizes to be incorporated into the final landscaping of the project. The
final approved landscape plan must be stamped "approved" by the Riverside
County Agricultural Commissioner's office prior to final inspection.
e. When new units are proposed adjacent to existing unit(s) show, in detail, the
architectural relationship of the existing and proposed unit(s). This may be done
with photos, new elevations, etc.
3. Two sets of all plans reduced to eight and one half inches by eleven inches, and
submitted on other similar format suitable for presentation.
4. One eight inch by thirteen inch (8" X 13")color, material and finish sample board for the
unit's exterior areas, including, but not limited to, roof covering, facia boards, tile
inlays, stucco finish, wood or other plant -on materials, etc. Colors and materials shall
be keyed to at least one set of architectural elevations.
5. One colored elevation of all sides of the unit oriented to public view, in accordance with
the materials sample board submitted.
6. Any other additional information as may be required.
SECTION 9.25.020. COMPLETENESS OF APPLICATION.
No residential application shall be processed until all information as required by this chapter has
been submitted. Determination of completeness shall be in accordance with the provisions of
the California Government Code 65943 or successor provisions.
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Ordinance 242
SECTION 9.25.030. DEVELOPMENT STANDARDS FOR COMPATIBILITY
REVIEW PROCESS.
The units shall only be approved when they comply with the following standards:
1. The proposed use conforms to all the provisions of the General Plan and specific plans,
and with all applicable requirements of State law and the ordinances of the City.
2. A two story house cannot be constructed adjacent to or abutting a lot line of an existing
single story home constructed in a prior phase of the same subdivision, unless proof can
be provided showing that a two story unit was proposed for the lot by the prior builder.
3. If lot fencing has been provided in the subdivision, the developer must provide the same,
or better, type of fencing including perimeter subdivision fencing.
4. A proposed single family dwelling unit must be compatible in terms of:
a. Architectural material such as roof material, window treatment and garage door
style
b. Colors
C. Roof lines
as the existing units, or units which are approved for construction as determined on the
plans and materials board, within the same subdivision unless otherwise approved by the
Planning Commission.
6. At least one specimen tree shall be provided in the front or street side yard as part of the
landscape requirements of the zone.
7. All single family dwelling units proposed must comply with the requirements contained
in the Development Standards Section of the applicable zone.
8. The single family dwelling units proposed within a partially developed subdivision shall
not deviate by more than ten percent (10%) from the square footage of the existing or
approved units.
9. The Planning Commission when approving compatibility units may limit the type and the
number of a particular unit to be constructed within the subdivision.
SECTION 9.25.040. PLANNING COMMISSION REVIEW
_ All residential units shall be approved, conditionally approved, or disapproved by action of the
Planning Commission, based upon the standards referred to in Section 9.25.030 of this Chapter.
The following findings must be made when an application is approved:
1. The architectural aspects of the development will be compatible with and not detrimental
to other existing units in the subdivision.
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2. Applicable development standards including, but not limited to, setbacks, parking,
landscaping, site design, and similar features, will be compatible with and not detrimental
to, other existing units in the subdivision.
SECTION 9.25.050. PUBLIC HEARING PROCESS.
The Planning Commission shall hold a public hearing on all applications. Notice of the time,
date, and place of the public hearing shall be given at least ten calendar days prior to the hearing
by the following procedures:
1. Mailing to all owners of real property which is located within three hundred feet of the
exterior boundaries of the parcel, lot, subdivision phase to be considered as such owners
are shown on the last equalized assessment roll.
2. Publication once in a newspaper of general circulation in the City.
3. The Planning Director may require that additional notice be given by enlarging the
notification radius.
SECTION 9.25.060. APPEAL PROCESS
The applicant or any other aggrieved party may appeal the decision of the Planning Commission
by the following procedure:
1. Appeal to the City Council within ten calendar days after the date of the Planning
Commission's decision, the applicant or aggrieved party may appeal the decision, in
writing, to the City Council on the forms provided by the Planning and Development
Department. Upon receipt of a completed appeal, the City Clerk shall set the matter for
hearing before the City Council not less than five calendar days nor more than thirty
calendar days thereafter, and shall give written notice of the hearing in the same manner
that notice was given for the Planning Commission hearing. City Council shall render
its decision within thirty calendar days following the close of the hearing on the appeal.
SECTION 9.25.070. FEES
The application and appeal fees shall be established by Council resolution.
SECTION 7. The Amendments have complied with the requirements of "The Rules to
Implement the California Environmental Quality Act of 1970" (County of Riverside, Resolution
82-213, adopted by the City of La Quinta Ordinance 5), in that the Planning Director conducted
an Initial Study and has determined that the proposed amendments will not have a significant
adverse impact on the environment and a Negative Declaration is hereby adopted.
SECTION 8. Upon the effective date of this Ordinance, Council Ordinance 240 shall
be suspended and have no effect.
SECTION 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
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Ordinance 242
SECTION 10. 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 1st day of February, 1994, by the following vote:
AYES: Council Members Bangerter, McCartney, Perkins, Sniff
NOES: None
ABSENT: None
ABSTAIN: Mayor Pena
r
JO . PERA, Mayor
City of La Quinta, California
ATTEST:
SAUNDRA L. JUHOL , City Clerk
City of La Quinta, California
_& 11 MSC. : M Q-,/ &C/"W
DAWN HONEYWELL, City Attorney
City of La Quinta, California
ORDDRFT.043 9
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. 242 which was introduced
on the 18th day of January, 1994 and was adopted at a regular meeting held on the 1st day of
February, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La uinta as specified in a resolution of the City Council.
AUNDRA L. JUH A, 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 February 4, 1994 pursuant to City Council
Reso ution.
SAUNDRA L. JU LA, City Clerk
City of La Quinta, California