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ORD 323— ORDINANCE NO. 323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE AMENDMENT TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, ADDING CHAPTER 9.64, VILLAGE OVERLAY DISTRICT, AND REVISING CHAPTER 9.65, FOR THE VILLAGE COMMERCIAL DISTRICT ZONING CODE AMENDMENT 98-060 CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 71n day of July, 1998, hold a duly -noticed Public Hearing to consider a recommendation on Zoning Code Amendment 98-060; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 26th day of May, 1998, hold a duly -noticed Public Hearing to consider a recommendation on Zoning Code Amendment 98-060; and, WHEREAS, at said Public Hearing, the Planning Commission did in fact recommend that the City Council adopt Zoning Code Amendment 98-060; and, WHEREAS, said application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 98-353); and, WHEREAS, the Community Development Director has determined that said applications will not have a significant adverse effect on the environment and that a Negative Declaration of Environmental Impact should be filed; and WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts, findings, and reasons to justify adoption of said Zoning Code Amendment: 1. The recommended Zoning Code Amendment will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified. 2. The recommended Zoning Code Amendment is consistent with the goals, objectives and policies of the La Quinta General Plan, in that adoption of these revisions will further the protection of the health, safety and general welfare of the citizens of La Quinta, and protection of the physical environment desired in The Village area. F:\CITYCLRK\COUNCIL\PLANNING\Ord 323.wpd Ordinance 323 Adopted 7/20/98 Page 2 3. The recommended Zoning Code Amendment is consistent with applicable provisions of the City's Zoning Code, as adoption of the proposed zoning revisions will permit uses which allow project types desired in The Village area and similar to those already contemplated under ultimate development of the La Quinta General Plan, and which were addressed in the EIR previously certified for the General Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta, California does ordain as follows: Section 1. That the Recitals set forth above are true and correct and are incorporated herein by this reference. Section 2. That Chapter 9.64 to the La Quinta Charter and Municipal Code, entitled "Village Overlay District", is hereby created and established as fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. Section 3. That prior Chapter 9.65 to the La Quinta Charter and Municipal Code entitled "Village Commercial" is hereby revised and established as fully set forth in Exhibit "B" attached hereto and incorporated herein by reference. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after its adoption. POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by resolution of the City Council and the same shall be in full force and effect immediately after its adoption, 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 20th day of July, 1998, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None F:\CITYCLRK\COUNCIL\PLANNING\Ord 323.wpd Ordinance 323 Adopted 7/20/98 Page 3 JOHN Y PENA, yor City of La Quinta, California ATTEST: SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California F:\CITYCLRK\COUNCIL\PLANNING\Ord 323.wpd 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. 323 which was introduced on the 7T" day of July, 1998 and was adopted at a regular meeting held on the 20th day of July, 1998 not being less than 5 days after date of introduction thereof. I furAher certify that the foregoing ordinance was posted in three (3) places within the Cit f La Quinta as specified in a resolution of the City Council. ' JCX /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, California, do hereby certi y that the foregoing ordinance was posted on July 30, 1998 pursuant to City Co cil Resolution. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California EXHIBIT A CHAPTER 9.64: VILLAGE OVERLAY DISTRICT Sections: 9.64.010 Introduction 9.64.020 Applicability 9.64.030 Permitted Uses 9.64.040 Village Entry Identification Signs 9.64.010 Introduction A. The provisions of this Chapter implement an overlay zoning district for the area covered by The Village at La Quinta Design Guidelines, as set forth in the document containing said Guidelines. 9.64.020 Applicability A. The Village Overlay District (VOD) shall apply within the boundaries of the Village at La Quinta Design Guidelines, as established in the Guidelines document and as may be amended by resolution of the City Council. Notwithstanding the requirements set out in this Chapter, the provisions of the underlying zoning district shall be in effect and govern development and permitted uses for properties located in said underlying district. The Village Overlay District shall be appropriately designated on the City's official Zoning Map 9.64.030 Permitted Uses A. Permitted uses in the Village Overlay District shall be as set forth in the underlying zone district in which the proposed or existing use is located. 9.64.040 Village Entry Identification Signs A. Signs identifying key entry locations to The Village shall be incorporated as set forth in The Village at La Quinta Design Guidelines. Directional signs as determined appropriate and in accordance with the Design Guidelines are also permitted. Temporary Village directional signs are permitted as established in Chapter 9.160, SIGNS. B. Village Entry Identification sign design shall be in accordance with the Village at La Quinta Design Guidelines. Unless a City -initiated program for design and installation of these signs is in place, permit applications at potential locations shall be reviewed for any required dedication, establishment or other participation in locating and erecting the identification signs. EXHIBIT B CHAPTER 9.65: VILLAGE COMMERCIAL DISTRICT Sections: 9.65.010 9.65.020 9.65.030 9.65.040 9.65.010 Introduction Introduction Permitted Uses General Development Standards Village Use Permit Review Process A. Role of The Village at La Quinta Design Guidelines - The provisions of this Chapter, regulating uses and structures within The Village at La Quinta area, implement the concepts and guidance set forth in The Village at La Quinta Design Guidelines (Guidelines). Land uses and development proposed in The Village area shall be designed and evaluated in conjunction with those Guidelines. B. Purpose of Design and Development - The following purpose statements reflect the design concepts envisioned by the Guidelines. Develop The Village area as a year-round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community. 2. Promote development standards to accommodate projects and activities which will provide goods, services and housing in a design environment supportive of the concepts set out in the Guidelines: promoting pedestrian accessibility and scale, maintaining connections to La Quinta's artistic and architectural heritage, and guiding design to acknowledge and embrace the desert environment. 9.65.0.20 Permitted Uses A. Permitted uses in the VC Zoning District will combine essential day-to-day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. B. The following uses are permitted in the VC Zoning District with approval of a Village Use Permit (VUP), pursuant to the procedures set forth in Section 9.65.050. Where a determination on a particular use is necessary, it shall be made pursuant to Section 9.65.050.C. 1. Single and multi -family dwellings. Such uses include town homes, condominiums, apartments and similar housing types. Residential density shall be determined on a site specific basis, based on the development capacity for the proposed project uses on the site. The ultimate decision on density shall rest with the Planning Commission. 2. Commercial guest lodging (including bed and breakfast) and associated uses, such as retail shops, restaurants and conference rooms. 3. Indoor or outdoor professional art studios, displays and/or galleries, for all artistic endeavors and production, to include dance, painting, sculpting, ceramics, jewelry, glass blowing, photography, hand -made furniture, stone cutting, and similar activities. There may be sales, presentations and displays or demonstrations to the public. 4. Professional service offices providing limited- sales, such as medical, dental, veterinary clinic, dietician, optician, catering attorney, real estate, banking, mortgage broker, social and community service offices, property management, financial services, beautician, barber, reproduction service, tailor, cleaners and laundry, postal services, services such as shoe, watch, jewelry and bicycle repair, and similar uses. Offices with larger scale service aspects, such as limousine and auto rental services, are permitted (vehicles may be stored in the District). Uses such as construction management offices are permitted provided construction materials and job equipment are not kept on premise. 5. Prepared food service for on -site consumption, drive-in and drive -through, and/or carry -out, including fast-food restaurants, delicatessen, tea, coffee and ice cream shops, pizzerias, and similar uses. 6. Prepared food sold specifically for on -site consumption, with indoor/outdoor seating. Such uses include fine dining and other low to medium turnover restaurants; cocktail lounges, dinner clubs, sports bar/lounge, bar/grill, night clubs and similar uses, with alcohol sales for on -site consumption only, along with live, recorded or other entertainment in or outdoors such as music and/or dancing, karaoke, arcade games, pool, billiard or shuffleboard tables, etc. 7. Public indoor assembly/entertainment facilities, such as auditoriums, theaters, dinner theaters, conference center, gymnasium facilities, concert halls and related uses. 8. Indoor facilities for education, training, self-help and improvement, hobbies, or vocational purposes, both public and private. These may be located in any facility which can accommodate the use, such as ability to meet occupancy requirements, etc. 9. Indoor/outdoor cultural, historic and similar displays and galleries for all types of artifacts and/or artistic media, such as museums, auction houses and consignment rooms. Such uses may include sale of display art pieces. 10. Retail merchandise sales of limited goods (goods that can be carried out and hauled by the customer), such as antiques, appliances, bicycles, wholesale and/or retail foods, newspaper and magazines, tobacco products, kitchen and bath shops, video and audio equipment, clothing, pets and pet supplies, office equipment and supplies, party and /or costume rentals, sporting goods, home furnishings, hardware and home improvement, and other related uses. The permitted uses in The Village area do not preclude other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village Use Permits. 9.65.030 General Development Standards A. Purpose - This Section outlines the development standards. to be adhered to in the VC Zoning District. These relate primarily to the performance standards commonly associated with typical zoning enforcement, such as parking, setbacks, and height limits. This District is to be considered as stand-alone, in that application of the overall Zoning Code to Village area projects shall be accomplished through design review during the Village Use Permit process, prioritizing the Guideline concepts and the VC Zoning District above the applicable Zoning Code standards. Setbacks. Setback criteria shall be determined based on the existing site conditions and surroundings, in conjunction with the Guidelines and the proposed project characteristics. a. Along La Fonda and Calle Estado, between Avenida Bermudas and Desert Club Drive, a minimum of 10 feet must be provided from property lines fronting on those streets and at their intersections, to allow for pedestrian access. b. Setbacks along side and rear property lines are not required; however, any setback provided must be made wide or deep enough to be usable space, such as for pedestrian access to side -loading commercial space, stairwells, or through -access between front and rear of the building(s). C. Arcades, trellises, awnings and similar architectural treatments are exempt from setback requirements, but must be designed to accentuate a pedestrian atmosphere, the proposed use(s), and the project architecture. d. Upper floors of buildings shall be designed to be set behind the immediately lower floor, to achieve a terraced effect. This reduces the appearance of mass to the structure, allows for upper floor outdoor areas and walkways, and enhances pedestrian scale. e. Projects with any retail commercial components shall maintain a minimum 10 foot landscaped setback from any RVL, RL or RMH zoned properties. 2. Heights. Building height shall be limited to 35 feet, or two (2) stories, for main building mass. Architectural and roof projections not providing habitable or otherwise usable space, such as chimneys, spires, finials, and similar features shall be permitted to extend up to three feet above the maximum structure height. Structure height shall be measured pursuant to Zoning Code Section 9.50.050. 3. Parking. Parking area requirements for permitted uses shall be determined by staff as set forth in Chapter 9.150 of the Zoning Code, with the following consideration: a. All current parking regulations shall be applicable, such as required number of stalls, space and aisle dimensions, location of parking areas, etc. However, in the. VC Zoning District, variations to any parking standards can be approved. Such site specific findings may include the ability to provide off -site parking potentially including payment of in -lieu fees. 4. Landscaping. Project landscaping shall be provided to implement the Guidelines and existing City policies. Screening. Project parking service area and trash enclosure screening shall be provided to implement the Guidelines and existing City policies. 6. Lighting. Project landscape, parking, building and pedestrian lighting shall be provided to implement the Guidelines and existing City policies. 7. Special Sign Allowances. For Village area development, it is determined that in order to preserve the greater aesthetic benefits and historic character of The Village area, designated landmarks or historic resources, as defined in Chapter 7.02 of the La Quinta Municipal Code, are considered exempt from the regulations set forth in Chapter 9.160, with the exception that any signs proposed shall be subject to obtaining an approved sign program through the Certificate of Appropriateness process for historic buildings and structures. 9.65.040 Village Use Permit Review Process A. Purpose and Intent. This Section is intended to provide for specific design review procedures for uses and projects proposed in The Village area. B. Preliminary Development Plans. Any potential project applicant in The Village area has the option to file a Preliminary Development Plan (PDP) to ascertain anticipated conditions, requirements and costs associated with a proposal. This allows the applicant to be informed of any potentially significant issues which may affect any decision to pursue the project. There shall be no fees charged to any applicant who wishes to utilize this process, which offers the following advantages: 1. Provides a comprehensive overview of City applications, fees, and other requirements necessary to obtain project approval, in writing. 2. Provides previous project background which can speed up the formal approval process when the project is submitted. 3. The written information can be used as the basis for an estimate of project costs, in order to determine a project's viability. Submittal for this process consists of five (5) sets of a site plan, floor plan and four -point elevations, in conceptual format, and a brief, written project overview which should list the site location, assessors number, acreage, etc. Within thirty (30) calendar days of receipt of a Preliminary Development Plan application, a review letter shall be issued to the applicant, incorporating all comments received during the review period. C. Interpretations on Permitted Uses. Where it is unclear as to whether a use is permitted, a request for an interpretation of the use in question may be made, in writing, to the Community Development Director. Within ten (10) calendar days of receipt of a such a request, the Director shall either render a decision on the request or inform the inquiring party of deferral of his decision to the Planning Commission. A written decision to defer to the Planning Commission shall specify the earliest available Planning Commission meeting for the decision to be considered, to be no later than 30 calendar days from the date of the Director's notice of deferral. A decision by the Director or Planning Commission may be appealed pursuant to Section 9.20.040. D. Village Use Permit Requirements. All new development proposals in the Village area shall be required to file an application for a Village Use Permit. A "new development proposal" is defined as any of the following: 1. New building construction proposed for vacant property or associated with demolition and reconstruction of an existing building; 2. Any change of use exceeding 50% or more of the building floor area of the originally permitted use; and, 3. Any expansion/addition to an existing use comprising a 25% or more increase in the existing building's net floor area. Village Use Permits shall be subject to review by the Planning Commission as a Public Hearing. E. Any proposal in the VC zoning district determined as not meeting the criteria in Section 9.65.040.D shall be subject to review as either a Minor or Major Deviation. 1. Minor Deviations may be approved by the Community Development Department with no public hearing or other formal review process. A Minor Deviation is any proposal not meeting the criteria in Section 9.65.040.D, which constitutes a change of less than 5% of any approved or existing building area; columns, dormer vents, window size changes, plant -on locations, color and stucco texture changes. 2. Major Deviations are subject to review and approval by the Planning Commission. A Major Deviation is any proposal not meeting the criteria in Section 9.65.040.D, which constitutes a change of 5% to 25% for any approved or existing building area; any exterior architectural modification not determined to be a Minor Deviation. 3. Major Deviations shall be processed under the Site Development Permit process, as set forth under Section 9.210.010. F. Findings for Approval. The following findings shall be made by the decision -making authority prior to the approval of any Village Use Permit: 1. Consistency with General Plan. The development of the proposed use is consistent with the La Quinta General Plan. 2. Consistency with Zoning Code. The development of the proposed use is consistent with the La Quinta Zoning Code. 3. Compliance with CEQA. The proposed Village Use Permit application has been processed in compliance with the requirements of CEQA. . 4. Surrounding Uses. Approval of the proposed Village Use Permit will not create conditions materially detrimental to the public health, safety and general welfare, or injurious to or incompatible with other properties or land uses in the vicinity. 5. Architectural Design. The architectural design of the project, including but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines. 6. Site Design. The site design of the project, including but not limited to project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and the quality of design illustrated in the Village at La Quinta Design Guidelines. 7. Landscape Design. Project landscaping, including but not limited to the location, type, size, color, texture, and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence design and elements of the Village Use Permit are compatible with surrounding development and the concepts of the Village at La Quinta Design Guidelines. 8. Sign Programs. Per Section 9.160.090 (Sign Permit Review), in order to approve a planned sign program the decision -making authority must find that: a. The sign program is consistent with the purpose and intent of Chapter 9.160 (Signs); b. The sign program is in harmony and visually related to: (1) All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape. (2) The buildings they identify. This may be accomplished by utilizing materials, colors or design motif included in the building being identified. (3) Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs. E. Appeals, Amendments and Time Extensions. Appeals, amendments and time extensions relating to Village Use Permits shall be reviewed pursuant to Chapter 9.200 of this Title. P:\Villagerptdocs\VCord. wpd