— La Quinta City Council, August 2, 2022 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 7 AUGUST 2, 2022

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, AUGUST 2, 2022
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENTS – INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting upon being recognized by the Mayor. Members of the public must complete a “Request to Speak” form and submit it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words).

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comment is asked to be reported.

City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 7 AUGUST 2, 2022
If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 6250 et seq.].

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO SUBDIVISION (a) OF GOVERNMENT CODE SECTION 54957; CONSULTATION WITH RIVERSIDE COUNTY SHERIFF’S DEPARTMENT, SERGEANT CHRIS OLSEN

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed above. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 3 of 7 AUGUST 2, 2022
unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. ADOPT ORDINANCE NO. 600 ON SECOND READING AMENDING
CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE

CONFLICT OF INTEREST CODE
9 2. ADOPT ORDINANCE NOS. 601 AND 602 ON SECOND READING APPROVING ZONE CHANGE 2022-0001, ADDING THE AFFORDABLE

HOUSING OVERLAY (AHO) TO SPECIFIC PARCELS IDENTIFIED IN THE HOUSING ELEMENT; AND ZONING ORDINANCE AMENDMENT 2022-
0001, MAKING TEXT AMENDMENTS NECESSARY FOR CONSISTENCY
WITH THE HOUSING ELEMENT. CEQA: REQUEST HAS BEEN

PREVIOUSLY ANALYZED AS PART OF ENVIRONMENTAL ASSESSMENT 2021-0010. LOCATION: CITY-WIDE
17 3. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER

TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A

PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)
105

4. ADOPT RESOLUTIONS TO APPROVE 1) AMENDED AND RESTATED

RULES OF PROCEDURE FOR PUBLIC MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES OF THE CITY COUNCIL; AND 2) AMENDED

AND RESTATED RULES OF PROCEDURE FOR PUBLIC MEETINGS AND

RELATED ACTIVITIES OF CITY BOARDS, COMMISSIONS, AND
COMMITTEES [RESOLUTION NOS. 2022-027 AND 2022-028]
111

5. AUTHORIZE OVERNIGHT TRAVEL FOR ACTING DEPUTY CITY CLERK TO ATTEND CITY CLERKS’ ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 300 IN RIVERSIDE, CALIFORNIA, SEPTEMBER 13-16, 2022
163

6. AUTHORIZE OVERNIGHT TRAVEL FOR TWO COUNCILMEMBERS AND

DIRECTOR TO ATTEND THE CALIFORNIA CANNABIS CONTROL SUMMIT IN SACRAMENTO, CALIFORNIA, OCTOBER 12-13, 2022
165
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CITY COUNCIL AGENDA Page 4 of 7 AUGUST 2, 2022

7. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE CORONA CLAY COMPANY TO PURCHASE UP TO $70,000 OF MATERIALS TO

REFURBISH INFIELDS AT THE SPORTS COMPLEX
167

8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2022
169

9. APPROVE DEMAND REGISTERS DATED JULY 15 AND 22, 2022 175

10. APPROVE COOPERATIVE AGREEMENT WITH CITIES OF PALM DESERT

AND INDIAN WELLS FOR THE OPERATION AND MAINTENANCE OF

SHARED TRAFFIC SIGNALS AND SAFETY LIGHTING
195

11. AWARD CONTRACT FOR CONSTRUCTION OF THE WASHINGTON
STREET AT AVENUE 50 AND CALLE TAMPICO SIDEWALK AND
AMERICAN WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2019-23
209

12. AWARD CONTRACT TO ELECNOR BELCO ELECTRIC, INC. FOR THE

SILVERROCK PARK VENUE WI-FI AND CAMERA BACKBONE PROJECT NO. 2022-18
213

13. ADOPT RESOLUTION TO APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND LA QUINTA EMPLOYEES’

ASSOCIATION AND AUTHORIZE THE CITY MANAGER TO IMPLEMENT

PERSONNEL CHANGES AND RECLASSIFY VARIOUS POSITIONS
[RESOLUTION NO. 2022-029]
219

14. ADOPT RESOLUTION TO APPROVE SALARY SCHEDULE AND BENEFIT

PLAN FOR NON-REPRESENTED EMPLOYEES, NON-REPRESENTED

MANAGEMENT, AND CONFIDENTIAL EMPLOYEES AND AUTHORIZE THE

CITY MANAGER TO IMPLEMENT PERSONNEL CHANGES AND
RECLASSIFY VARIOUS POSITIONS [RESOLUTION NO. 2022-030]
237
BUSINESS SESSION – None

STUDY SESSION
PAGE

1. DISCUSS SHORT-TERM VACATION RENTAL PROGRAM POTENTIAL FISCAL AND ECONOMIC IMPACTS TO LA QUINTA’S ECONOMY OF THE INITIATIVE MEASURE ENTITLED “PHASE-OUT AND PERMANENT BAN OF

NON-HOSTED SHORT-TERM VACATION RENTALS IN NON-EXEMPT
AREAS OF THE CITY OF LA QUINTA,” BY DECEMBER 31, 2024
249
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CITY COUNCIL AGENDA Page 5 of 7 AUGUST 2, 2022
PUBLIC HEARINGS – 5:00 p.m. or shortly thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item.

A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing.

PAGE

1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2022-031]
305

DEPARTMENTAL REPORTS
399
407
413
417

1. CITY MANAGER – RIVERSIDE COUNTY LOCAL AGENCY FORMATION

COMMISSION MUNICIPAL SERVICES REVIEW AND SPHERE OF

INFLUENCE REVIEW UPDATE

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY RESOURCES – QUARTERLY REPORT APRIL – JUNE 2022

5. DESIGN AND DEVELOPMENT – QUARTERLY REPORT APRIL – JUNE 2022

6. FINANCE

7. PUBLIC WORKS

8. POLICE – QUARTERLY REPORT APRIL – JUNE 2022

9. FIRE – QUARTERLY REPORT APRIL – JUNE 2022 419
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY COMMISSION (Evans)

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)

12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) Click Here to Return to Agenda
CITY COUNCIL AGENDA Page 6 of 7 AUGUST 2, 2022

13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)

15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)

16. CVAG PUBLIC SAFETY COMMITTEE (Peña)

17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)

18. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Peña)

19. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)

20. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY COMMITTEE (Peña)

21. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

22. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD HOC COMMITTEE (Peña and Radi)

23. CVAG TRANSPORTATION COMMITTEE (Radi)

24. SUNLINE TRANSIT AGENCY (Radi)

25. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)

26. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez)

27. ANIMAL CAMPUS COMMISSION (Sanchez)

28. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION AND PUBLIC WORKS POLICY COMMITTEE (Sanchez)

29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

30. PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 8, 2022 421

31. PLANNING COMMISSION MEETING MINUTES OF MARCH 8, 2022 427

32. PLANNING COMMISSION MEETING MINUTES OF MARCH 22, 2022 433

33. PLANNING COMMISSION MEETING MINUTES OF APRIL 12, 2022 441

REPORTS AND INFORMATIONAL ITEMS

ADJOURNMENT
*********************************
The regular City Council meetings of August 16 and
September 6, 2022, have been cancelled.

The next regular meeting of the City Council will be held on September 20, 2022, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253.

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CITY COUNCIL AGENDA Page 7 of 7 AUGUST 2, 2022

DECLARATION OF POSTING
I, Monika Radeva, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on July 29, 2022.

DATED: July 29, 2022
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777- 7123, twenty-four (24) hours in advance of the meeting and accommodations will be made.
 If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.
 Any writings or documents provided to the City Council regarding any item(s) on this agenda will be made available for public inspection at the City Clerk’s counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours.

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City of La Quinta
CITY COUNCIL MEETING: August 2, 2022

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 600 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT

OF INTEREST CODE

RECOMMENDATION
Adopt Ordinance No. 600 on second reading.

EXECUTIVE SUMMARY
 On July 19, 2022, Council introduced Ordinance No. 600 for first reading to amend Chapter 2.60 of the La Quinta Municipal Code relating to the City’s Conflict of Interest Code.
 The purpose of the Code is to specifically designate positions that make or participate in the making of governmental decisions, which may foreseeably have a material effect on any financial interests of the persons holding those positions.
 City officials in the positions designated on the City’s Conflict of Interest Code must disclose their financial interests annually and refrain from participation in any decision(s) that may affect them financially.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The Political Reform Act (PRA) requires every local government to review its Conflict of Interest Code biennially and submit the Local Agency Biennial Notice to the Code reviewing body. The City Council is the code reviewing body for the City.

The annual Statement of Economic Interest filings are the basis for the transparency that California’s PRA requires of public officials. Statements of Economic Interest are public documents filed with the City Clerk CONSENT CALENDAR ITEM NO. 1
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Review of the City’s positions, duties, and influence of public officials has resulted in the following recommended changes to Chapter 2.60 of the Municipal Code due to organizational changes over the last two years to better align positions with the City’s ability to provide high-level services to its community:

Add the following titles as designated positions for “limited disclosure” filing:
 Deputy City Clerk
 Director of Business Unit and Housing Development
Delete the following titles from the “limited disclosure” designated positions:
 Assistant to the City Manager
 Construction Manager / Inspections Supervisor
 Human Resources Manager
 Public Safety Analyst

ALTERNATIVES
As Council approved this ordinance at first reading, Staff does not recommend an alternative.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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ORDINANCE NO. 600

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL
CODE RELATING TO THE CITY’S CONFLICT OF

INTEREST CODE
WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations Section 18730 – Provisions of Conflict of Interest Codes, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (Code); and
WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and;
WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta.

NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. Chapter 2.60 Conflict of Interest of the La Quinta Municipal Code is amended to read as follows:
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Ordinance No. 600
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: August 2, 2022

Page 2 of 5 ends

2.60.020 - Designated positions—Disclosure categories.

A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200:

Designated Positions
 City Attorney
 Assistant and/or Deputy City Attorney(s)
 City Manager
 Assistant and/or Deputy City Manager(s)
 Finance Director/City Treasurer
 Mayor
 Members of the City Council/Financing Authority/Housing Authority
 Members of the Planning Commission
 Members of the Successor Agency to the Dissolved Redevelopment Agency  Candidates for any of the positions above
B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302:

Designated Positions
 Accounting Manager
 Animal Control/Code Compliance Supervisor
 Assistant Construction Manager
 Associate Engineer
 Building Official
 City Clerk
 Community Resources Manager
 Community Resources Analyst
 Deputy City Clerk
 Deputy Director of Facilities
 Director of Business Unit and Housing Development
 Director of Community Resources
 Director of Design and Development
 Director of Public Works / City Engineer
 Financial Services Analyst
 Hub Manager
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Ordinance No. 600
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: August 2, 2022

Page 3 of 5 ends

 Human Resources Analyst
 Management Analyst
 Marketing Manager
 Members of the Community Services Commission
 Members of the Financial Advisory Commission
 Members of the Housing Commission
 Planning Manager
 Public Safety Manager
 Senior Emergency Management Coordinator
 Senior Planner
 Traffic Operations Analyst
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. 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 permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
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Ordinance No. 600
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: August 2, 2022

Page 4 of 5 ends

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 2nd day of August, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
__________________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. 600
Amending Section 2.60.020 of the La Quinta Municipal Code Conflict of Interest Code
Adopted: August 2, 2022

Page 5 of 5 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, 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. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: August 2, 2022

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NOS. 601 AND 602 ON SECOND READING APPROVING ZONE CHANGE 2022-0001, ADDING THE AFFORDABLE

HOUSING OVERLAY TO SPECIFIC PARCELS IDENTIFIED IN THE
HOUSING ELEMENT; AND ZONING ORDINANCE AMENDMENT 2022-0001,

MAKING TEXT AMENDMENTS NECESSARY FOR CONSISTENCY WITH THE HOUSING ELEMENT;
CEQA: REQUEST HAS BEEN PREVIOUSLY ANALYZED AS PART
OF ENVIRONMENTAL ASSESSMENT 2021-0010. LOCATION: CITY-WIDE

RECOMMENDATION
A. Adopt Ordinance Nos. 601 and 602 on second reading.

EXECUTIVE SUMMARY
 On July 19, 2022, Council introduced Ordinance Nos. 601 and 602 for first reading to approve Zone Change 2022-0001, adding the Affordable Housing Overlay (AHO) to specific parcels identified in the Housing Element; and adding Zoning Ordinance Amendment 2022-0001, making text amendments necessary for consistency with the Housing Element.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
On July 19, 2022, Council introduced Ordinance Nos. 601 and 602 for first reading to approve Zone Change 2022-0001, adding the AHO to specific parcels identified in the Housing Element; and adding Zoning Ordinance Amendment 2022-0001, making text amendments necessary for consistency with the Housing Element. On June 14, 2022, the Planning Commission unanimously recommended approval of both the Zone Change and the Zoning Ordinance Amendment.

Council adopted the 6th Cycle Housing Element Update for the 2021-2029 planning period on February 15, 2022.

CONSENT CALENDAR ITEM NO. 2
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The Housing Element included a number of policies and programs that require changes to the Zoning Map and Zoning Code in order to assure consistency with the Housing Element Update and State law.

Ordinance No. 601 would adopt the amended Zoning Map. Amendments are associated with the application of the Affordable Housing Overlay (AHO) to specific parcels shown in the Affordable Housing Inventory of the Housing Element.

Zoning Map
The Housing Element’s Program 3.1.a requires that the AHO be applied to all properties identified in the Affordable Housing Inventory (Exhibit A of the Zone Change Ordinance) for lower income households. In the past, the AHO overlay has been provided in text, but has not been mapped on the Zoning Map. As shown in Exhibit A of the Ordinance, the AHO would be added as a crosshatch pattern to all commercially zoned properties, and to non-commercial properties which are in the Inventory, to assure consistency. A parallel text amendment to the AHO is also proposed, and described below.

Ordinance No. 602 would amend the Zoning Code, Title 9 – Zoning of the La Quinta Municipal Code. Amendments are associated with a number of issues, including but not limited to changes in State law, changes to allow increased density in the AHO, and updates to Density Bonus and Accessory Dwelling Unit provisions. Each Code text amendment is described individually below:

Zoning Text Amendments
The Zoning text amendments address a number of issues which are covered in the Housing Element. All changes are provided in final form as Exhibit A of the Zoning Code Amendment Ordinance.

Accessory Dwelling Units
Updates to the Accessory Dwelling Unit and Junior Accessory Dwelling Unit (together, ADU) provisions have been made to bring them into conformance with State law and Program H-2.1.a. The changes have been made to Section

9.60.090 of the Municipal Code and include allowances for ADUs in all zones that allow residential development and modifications to the development standards. The changes are consistent with the standards permitted by State law, which provide for reduced setbacks and parking ratios.

Density Bonus
Updates to the Density Bonus provisions to bring them into conformance with State law and Program H-2.2.a. The changes have been made to Section

9.60.260 of the Municipal Code. The last update of these provisions was in 18 Click Here to Return to Agenda
2016, and since that time, State law has changed to increase the allowed density bonus for affordable housing units, from a 35% increase to a 50% increase over base density. In addition, the types of affordable housing projects have been broadened, to include student housing, and housing near major transit stops. Although neither of these is likely in the immediate future in La Quinta, the standards have been added to assure that if such a project were to occur, the City would have the ability to regulate it under law.

Affordable Housing Overlay
In addition to the Zoning Map amendment described above, the development standards for the AHO have been modified in Section 9.110.100 of the Municipal Code. These amendments include specifying a density range of 20 to 36 units per acre, and adding language required by Government Code Section 65583.2(h)(i) which provides that the density of lower income projects must be 20 units per acre, that these projects with at least 20% of the units affordable to low, very low or extremely low income households must be permitted by right (not requiring a Conditional Use Permit), and must have 16 units per site, consistent with Government Code. In addition, setbacks have been reduced to assure that the allowed densities could be constructed. The AHO is proposed for commercial parcels, particularly within the Highway 111 Corridor, as well as City-owned parcels in the Village.

Program 3.1.a also requires an analysis of the feasibility of the AHO development standards to facilitate affordable housing. That analysis was provided to the Planning Commission, and demonstrated that a density of 30 units per acre is physically possible and feasible with the City’s zoning standards.

Special Needs Housing
The Housing Element also requires that changes be made to allow several specific types of housing, including transitional and supportive housing, as permitted uses in zones where similar uses are permitted by right. Table 9.1, Permitted Uses in Residential Districts has been amended to allow them as permitted uses in Medium, Medium High and High Density Residential zones, consistent with Program H-5.4.b.

Table 9.5, Permitted Uses in Non-Residential Districts, allows Emergency Shelters, but was silent on homeless shelters and a new use called “Low Barrier Navigation Centers.” The latter is a center which provides, not only shelter, but additional services required to find permanent housing for residents. Both have been added to Table 9.5 and in conjunction with additions made to development standards in Section 9.100.280 of the Municipal Code are consistent with Programs H-5.4.a and H-5.4.b. In addition, a parking 19 Click Here to Return to Agenda
standard has been added for homeless shelters, requiring one space per employee, consistent with Government Code Section 65583(a)(4)(A)(ii).

Other Changes
Other changes are included in the text amendments:

1. Allowing mobile or manufactured homes on single family lots, subject to the same standards as other single family homes (Section 9.60.180), consistent with Government Code Section 65583.

2. Additions to the definitions (Section 9.280.030) to address the text amendments above.

AGENCY AND PUBLIC REVIEW
Council Public Notice
This project was advertised in The Desert Sun newspaper on July 8, 2022. No written comments have been received as of the date of this writing. Any written comments received will be handed out at the City Council meeting.

Planning Commission Review
At its regular meeting of June 14, 2022, the Planning Commission unanimously voted to recommended Council approval of the proposed Zone Change and Zoning Ordinance Amendment.

ENVIRONMENTAL REVIEW
The City prepared an Initial Study for the Housing and Safety Element updates, and circulated it for public review from October 29 to November 17, 2021. The changes proposed to the Zoning Map and Zoning Ordinance are entirely consistent with the Housing Element, and their impacts have therefore been studied previously, and require no further review under CEQA Prepared by: Laurie McGinley, Acting Deputy City Clerk
Approved by: Jon McMillen, City Manager
20 Click Here to Return to Agenda
ORDINANCE NO. 601

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, AMENDING

THE ZONING MAP CITY-WIDE TO ADD THE

AFFORDABLE HOUSING OVERLAY (AHO) TO ALL

COMMERCIALLY ZONED PARCELS AND ALL

PARCELS INCLUDED IN THE SITES INVENTORY
OF THE CITY’S HOUSING ELEMENT
CASE NUMBER: ZONE CHANGE 2022-0001
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California did, on July 19, 2022, hold a duly noticed Public Hearing, to consider an amendment to the Zoning Map to apply the Affordable Housing Overlay (AHO) to all commercially zoned parcels and all parcels included in the Sites Inventory of the 2022 Housing Element update; and,
WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 8, 2022 as prescribed by the Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-016 recommending City Council adoption of said Zone Change at a duly noticed Public Hearing on June 14, 2022; and
WHEREAS, said Zone Change has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 83-63). The City prepared an Environmental Assessment (EA 2021-0010) for the Housing Element update, and these Zoning map changes are entirely consistent with the Housing Element policies and were therefore analyzed in EA 2021-0010 and no further review is required; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the La Quinta Municipal Code to justify approval of said Zone Change [Exhibits A, B and C]:
21 Click Here to Return to Agenda
Ordinance No. 601
Zone Change 2022-0001
Project: Housing Element Zoning Map Amendments
Adopted: August 2, 2022

Page 2 of 4 ends

1. The zone map change is consistent with the goals, objectives and policies of the General Plan, insofar as the changes are required by policies and programs of the 2022 Housing Element update, and the Zoning Map must be consistent with the General Plan.

2. Approval of the zone map change will not create conditions materially detrimental to the public health, safety and general welfare because the changes only apply the AHO as an overlay, and the development standards of the AHO and underlying zones are designed to protect the public health, safety and welfare by providing sufficient setbacks, parking and height limits for each zone.

3. The new zoning is compatible with the zoning on adjacent properties as it does not change the requirements of the base zone, and only implements the AHO for affordable housing projects.

4. The new zoning is suitable and appropriate for City properties because it applies to already developable, available lands which would be developed with or without the AHO.

5. Approval of the zone map change is warranted because changes in the Housing Element require its amendment.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to Exhibits A, B and C to ensure consistency of 22 Click Here to Return to Agenda
Ordinance No. 601
Zone Change 2022-0001
Project: Housing Element Zoning Map Amendments
Adopted: August 2, 2022

Page 3 of 4 ends

all approved map amendments prior to the publication in the La Quinta Municipal Code.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on August 2, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
23 Click Here to Return to Agenda
Ordinance No. 601
Zone Change 2022-0001
Project: Housing Element Zoning Map Amendments
Adopted: August 2, 2022

Page 4 of 4 ends

APPROVED AS TO FORM:
__________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
24 Click Here to Return to Agenda
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PLANNING & RESEARCH, INC.
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Zone Map Amendment
Affordable Housing Overlay
La Quinta, California
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06.07.22 Exhibit
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EXHIBIT A
Ordinance No. 601
Zone Change 2022-0001
Adopted: August 2, 2022
25 25
Click Here to Return to Agenda
Source Cit of La Quinta ESRI 2022
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PLANNING & RESEARCH, INC.

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Affordable Housing Overlay 2 La Quinta, California
Exhibit
Zone Map Amendment -----0

EXHIBIT B
Ordinance No.
Zone Change 2022-0001
Adopted: $XJXVW
26 Click Here to Return to Agenda
Existing Zoning - No AHO Overlay
r-- ., ®
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PLANNING & RESEARCH, INC.

Proposed Zoning - AHO Overlay
Zone Map Amendment
Affordable Housing Overlay
La Quinta, California
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06.07.22 Exhibit
0 EXHIBIT C
Ordinance No. 601
Zone Change 2022-0001
Adopted: August 2, 2022
27 27
Click Here to Return to Agenda
28 Click Here to Return to Agenda
ORDINANCE NO. 602

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, AMENDING
MULTIPLE SECTIONS OF TITLE 9 OF THE LA

QUINTA MUNICIPAL CODE TO CONFORM TO THE
POLICIES AND PROGRAMS OF THE CITY’S 2022

HOUSING ELEMENT UPDATE
CASE NUMBER: ZONING ORDINANCE AMENDMENT 2022-0001
APPLICANT: CITY OF LA QUINTA
WHEREAS, the City Council of the City of La Quinta, California did, on July 19, 2022, hold a duly noticed Public Hearing, to consider amendments to the text of Title 9 of the La Quinta Municipal Code (Zoning Ordinance) to make it consistent with the 2022 Housing Element update; and, WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on July 8, 2022 as prescribed by the Municipal Code; and,
WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution 2022-016 to recommend to the City Council adoption of said Zoning Ordinance Amendment at a duly noticed Public Hearing on the June 14, 2022; and
WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of “The Rules to Implement the California Environmental Quality Act of 1970” (CEQA) as amended (Resolution 83-63). The City prepared an Environmental Assessment (EA 2021-0010) for the Housing Element update, and these Zoning Ordinance changes are entirely consistent with the Housing Element policies and were therefore analyzed in EA 2021-0010 and no further review is required; and
WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.220.010 of the La Quinta Municipal Code to justify approval of said Zoning Ordinance Amendment, included in Exhibit A:

1. The Zoning Ordinance changes are consistent with the goals, objectives and policies of the General Plan, insofar as the changes are required by 29 Click Here to Return to Agenda
Ordinance No. 602
Zoning Ordinance Amendment 2022-0001
Project: Housing Element Zoning Text Amendments
Adopted: August 2, 2022

Page 2 of 3 ends

policies and programs of the 2022 Housing Element update, and the Zoning Map must be consistent with the General Plan.

2. Approval of the zoning ordinance change will not create conditions materially detrimental to the public health, safety and general welfare because the changes in text do not materially change the manner or standards under which development will occur, but rather clarify the City’s requirement for the development of housing for all residents in La Quinta.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. FINDINGS AND APPROVAL: That the above recitations are true and constitute the Findings of the City Council in this case.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to Exhibit A to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
30 Click Here to Return to Agenda
Ordinance No. 602
Zoning Ordinance Amendment 2022-0001
Project: Housing Element Zoning Text Amendments
Adopted: August 2, 2022

Page 3 of 3 ends

PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on August 2, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
__________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
31 Click Here to Return to Agenda
32 Click Here to Return to Agenda
Created: 2022‐03‐25 11:00:31 [EST]
(Supp. No. 2, Update 3)

Page 1 of 71 ends

Chapter 9.40 RESIDENTIAL PERMITTED USES

9.40.030 Table of permitted uses.

Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"PUD": Planned unit development.
"A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. "M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Chapter 9.240. "X": Prohibited in the district.

Table 9-1 Permitted Uses in Residential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
PUD = Planned unit development
M = Minor use permit
H = Home occupation permit
S = Specific plan required
T= Temporary use permit
X = Prohibited use
Very Low Density Residential Low Density Residential Cove Residential Medium Density Residential Medium-High Density Residential High Density Residential Land Use RVL RL RC RM RMH RH
Single-family detached dwellings P P P P P S
Single-family detached patio homes (i.e., "zero
lot-line")

PUD PUD PUD PUD PUD PUD
Duplexes (two units on the same lot) PUD PUD X PUD P P
Single-family attached dwellings (two units per
building with each unit on its own lot)

PUD PUD X PUD P P
Townhome dwellings (two or more units per
building with each unit on its own lot)

PUD PUD X P P P
Condominium multifamily ("airspace" units) PUD PUD X P P P Apartment multifamily (rental units) X X X P P P
Mobilehome parks C C C C C C
Mobilehome subdivisions and manufactured
homes on individual lots, subject to Section

P P P P P S
Ordinance No. 602
Zone Change 2022-0001
Adopted: August 2, 2022

EXHIBIT A
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(Supp. No. 2, Update 3)

Page 2 of 71 ends

9.60.180
Resort residential subject to Section 9.60.310 P P X P P P Guesthouses, subject to Section 9.60.100 A A A A A A
Second residential units subject to Section

9.60.090

A A A A A A
Group Living and Care Uses
Child day care facilities as an accessory use,
serving 6 or fewer children, subject to Section

9.60.190

A A A A A A
Child day care facilities as an accessory use,
serving 7—14 children, subject to Section

9.60.190

A A A A A A
Congregate living facilities, 6 or fewer persons P P P P P X Congregate care facility C C C C C C
Residential care facilities, 6 or fewer persons P P P P P P Senior citizen residences, 6 or fewer persons P P P P P P Senior group housing, 7 or more persons X X X M M M
Time share facilities, subject to Section

9.60.280

M M M M M M
Bed and breakfast inns M M M M M M
Supportive housing X X X P P P
Transitional housing X X X P P P
Open Space and Recreational Uses
Public parks, playfields and open space P P P P P P
Bicycle, equestrian and hiking trails P P P P P P
Clubhouses and community pools/cabanas P P P P P P
Unlighted tennis and other game courts on
private property, subject to Section 9.60.150

A A A A A A
Lighted tennis and other game courts on
private property, subject to Section 9.60.150

M M M M M M
Golf courses and country clubs per Section

9.110.040

P P P P P P
Driving range with or without lights M M X M M M
Accessory Uses and Structures
Home occupations, subject to Section

9.60.110

A A A A A A
Cottage food operations, subject to Section

9.60.115

P P P P P P
Patio covers, decks, and gazebos, subject to
Section 9.60.040

A A A A A A
Fences and walls, subject to Section 9.60.030 P P P P P P Satellite dishes and other antennas subject to
Section 9.60.080

A A A A A A
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(Supp. No. 2, Update 3)

Page 3 of 71 ends

Swimming pools, spas and cabanas, subject to
Section 9.60.070

A A A A A A
Garages and carports, subject to Section

9.60.060

A A A A A A
Keeping of household pets, subject to Section

9.60.120

A A A A A A
On lots of 1 acre or more, the noncommercial
keeping of hoofed animals, fowl (except
roosters) and rabbits, subject to Section

9.60.120. Hoofed animals include horses,
sheep, goats, pot bellied pigs, and similar. The
keeping of horses is subject to Section

9.140.060 and limited to one horse per 2.5
acres.

A A X X X X
Other accessory uses and structures which are
customarily associated with and subordinate to
the principal use on the premises and are
consistent with the purpose and intent of the
zoning district.

A A A A A A
Agricultural Uses
Tree crop farming; greenhouses P X X X X X
Field crop farming P M X X X X
Produce stands, subject to Section 9.100.100 P T X X X X Temporary Uses
Garage sales A A A A A A
Construction and guard offices, subject to
Section 9.60.200

A A A A A A
Use of relocatable building M M M M M M
Model home complexes and sales offices,
subject to Section 9.60.240

M M M M M M
Special outdoor events, subject to Section

9.60.170

M M M M M M
Parking of recreational vehicles, subject to
Section 9.60.130

A A A X X X
Other Uses
Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture,
artwork or crafts, including schools for above,
on 20 acres or more

M M M M M M
Community recreational vehicle storage lots,
noncommercial

A A X A A A
Communication towers and equipment
(freestanding, new towers) subject to Chapter

9.170

C C C C C C
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(Supp. No. 2, Update 3)

Page 4 of 71 ends

Communication towers and equipment (colocation, mounted to existing facility) subject to Chapter 9.170

M M M M M M
Utility substations and facilities M M M M M M
Public flood control facilities and devices P P P P P P Other principal, accessory or temporary uses
not in this table.

Director or planning commission to
determine whether use is
permitted in accordance with
Section 9.20.040.
(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord. 515 § 1, 2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS

9.60.090 Accessory dwelling units.

A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Section 65852.2, subdivision (a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones: RVL, RL, RC, RM, RMH, and RH zone districts.

B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 65852.2(i)(4) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for purposes of this section:

1. "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary. 36 Click Here to Return to Agenda
Created: 2022‐03‐25 11:00:32 [EST]
(Supp. No. 2, Update 3)

Page 5 of 71 ends

3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence” as defined in Section 9.280.030 (or successor section).

4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public (consistent with Government Code Section 65852.2, subdivision (j)(9). .

C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units:

1. Except as provided in Government Code Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

2. The lot is zoned to allow single-family or multifamily dwelling use and includes a proposed or existing dwelling.

3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

4. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the primary dwelling or 800 square feet if the primary dwelling is less than 1,600 square feet.

5. The total floor area for a new detached accessory dwelling unit shall not exceed 1,200 square feet.

6. An accessory dwelling unit shall include a kitchen and bathroom.

7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of 150 square feet.

8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings.

11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed.

12. Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
b. There shall be no additional parking requirement for an accessory dwelling unit in any of the following instances:
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Created: 2022‐03‐25 11:00:32 [EST]
(Supp. No. 2, Update 3)

Page 6 of 71 ends

i. The accessory dwelling unit is located within one-half mile walking distance of public transit.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.

13. One accessory dwelling unit and one junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety. d. The junior accessory dwelling unit complies with the requirements of California Government Code Section 65852.22.

14. One detached, new construction, accessory dwelling unit that does not exceed fourfoot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if it complies with the following:
a. A total floor area limitation of not more than 800 square feet. b. A height limitation of 16 feet.

15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. a. One accessory dwelling unit is permitted within an existing multifamily dwelling and up to 25 percent of the existing multifamily dwelling units may contain an accessory dwelling unit.
b. Not more than two accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to a height limit of 16 feet and fourfoot rear yard and side setbacks.

16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

17. An accessory dwelling unit that is rented must be rented for terms longer than 30 days. Under no circumstances shall an accessory dwelling unit be eligible for a Short Term Vacation Rental permit.
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(Supp. No. 2, Update 3)

Page 7 of 71 ends

18. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.

19. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than 750 square feet, and any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units:

1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for single-family residences with a single-family residence already built or proposed to be built, on the lot.

2. The single-family residence in which the junior accessory dwelling unit will occur must be owner-occupied. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owneroccupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section.

4. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence.

5. A junior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

6. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
a. A cooking facility with appliances, and
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

7. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

8. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
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Page 8 of 71 ends

F. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall act on the application within sixty (60) days from the date the application is found complete if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the director may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single-family dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

G. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.60.180 Manufactured housing and mobile homes.

A. Purpose. This section is intended to provide standards and criteria for the placement, design, and construction of manufactured, modular and mobile homes in residential districts consistent with Section 65852.3 et seq. of the State Government Code.

B. Definition. See Chapter 9.280. For purposes of simplicity, the term manufactured home is used in this section.

C. Mobile Home Parks. In accordance with Section 65852.7 of the State Government Code, mobile home parks are permitted in all residential districts if a conditional use permit is approved. Development standards for such parks shall be as follows:
minimum thirty percent (30%) common open area and minimum perimeter setbacks of twenty (20) feet at any point and twenty-five (25) feet average over the entire perimeter.

D. Individual Manufactured Homes. individual mobile homes are permitted as permanent dwellings on single-family lots within the RVL, RL, RC, RM, and RMH districts.

E. Mobilehomes must meet the same development standards as provided for singlefamily homes for each district as set forth in Chapter 9.50 and elsewhere in this code. (Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.60.260 Density bonuses for affordable housing.

A. Purpose and Application. The purpose of this section is to (1) establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, (2) increase the production of affordable housing, consistent with the city's goals, objectives, and policies and (3) implement the 40 Click Here to Return to Agenda
Created: 2022‐03‐25 11:00:33 [EST]
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provisions of the city's general plan housing element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the city's jurisdiction, the city shall provide the applicant incentives or concessions for the production of housing units and child daycare facilities as prescribed in this section.

B. Definitions. See Chapter 9.280. Also, the following definitions shall apply to this section:

1. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section.

2. “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other City condition, law, policy, resolution, or regulation.

3. "Housing development," means one (1) or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

4. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

5. “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government.

6. “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.

7. “Maximum allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. If the density 41 Click Here to Return to Agenda
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allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.

8. "Qualified mobile home park" means a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code.

9. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code.

10. "Specific adverse impact" means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.

11. “Total units” or “total dwelling units” means a calculation of the number of units that:
a. Excludes a unit added by a density bonus awarded pursuant to this section. b. Includes a unit designated to satisfy an inclusionary zoning requirement.

C. Qualifications for Density Bonus and Incentives and Concessions.

1. The city shall grant one (1) density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one (1) of the following:
a. Ten percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
b. Five percent of the total units of a housing development for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code.
c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.
d. Ten percent of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
e. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et 42 Click Here to Return to Agenda
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seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
f. Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
i. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development.
ii. The applicable 20-percent units will be used for lower income students. iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.

For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.
g. 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code.

2. As used in subsection (C)(1) of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus.

3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the 43 Click Here to Return to Agenda
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basis of subsection a, b, c, d, e, for gof subsection (C)(1). Each housing development is entitled to only one (1) density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development, student housing development or qualified mobile home park. Density bonuses from more than one (1) category may not be combined.

4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing.

D. Continued Affordability.

1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low and very low income units that qualified the applicant for the award of the density bonus for a period of fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner-occupied affordable housing units shall be available at an affordable housing cost.
a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder.
b. The agreement shall also include the following provisions:
i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very-low income households as adjusted by the Consumer Price Index; and
iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households.

2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate-income units that are related to the receipt of the density bonus, are persons and families of moderate income and that the units are offered at an affordable housing cost.

With respect to moderate-income units, the city shall require the applicant to enter and shall enforce an equity-sharing agreement, unless it is in conflict with the 44 Click Here to Return to Agenda
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requirements of another public funding source or law. The following shall apply to the equity-sharing agreement:
a. Upon resale, the seller of the moderate-income unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five (5) years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code. b. For purposes of this subsection (D)(2), the city's initial subsidy shall be equal to the fair market value of the moderate-income unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. c. For purposes of this subsection (D)(2), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate-income unit at the time of initial sale. d. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers.

E. Incentives and Concessions.

1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following:
a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or
b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
c. The concession or incentive would be contrary to state or federal law.

2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions:
a. One (1) incentive or concession for housing developments that include: At least ten percent (10%) of the total units affordable to lower income 45 Click Here to Return to Agenda
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households; or at least five percent (5%) of the total units affordable to very low income households; or at least ten percent (10%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale.
b. Two (2) incentives or concessions for housing developments that include: At least seventeen percent (17%) of the total units affordable to lower income households; or at least ten percent (10%) of the total units affordable to very low income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale.
c. Three (3) incentives or concessions for housing developments that include: At least twenty-four percent (24%) of the total units for lower income households; or at least fifteen percent (15%) for very low income households; or at least thirty percent (30%) for persons and families of moderate income in a development in which the units are for rental or sale. d. Four (4) incentives of concessions if the project includes 100% affordable housing units, excluding the manager’s unit. If the project is within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
e. One incentive or concession for projects that include at least twenty (20) percent of the total units for lower income students in a student housing development.

3. For the purposes of this section, available concessions or incentives may include any of the following:
a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions.
b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located.
c. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this section, the parking ratios set forth in Government Code Section 65915 (and subsection K of this section) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant.

4. This subsection does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly-owned land, by 46 Click Here to Return to Agenda
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the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact.

5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

6. The application and review process for a proposal of incentives and concessions is set forth in subsection L of this section.

F. Waiver/Modification of Development Standards.

1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this section. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (a) the waiver or modification is necessary to make the housing units economically feasible, and (b) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection (C)(1), at the densities or with the concessions or incentives permitted by this section.

2. Nothing in this subsection shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact.

3. The application and review process for a waiver/modification of development standards is set forth in subsection L of this section.

4. Waiver or Reduction of Development Standards.
a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law. 47 Click Here to Return to Agenda
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b. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C.

G. Specified Density Bonus Percentages. Only housing developments consisting of five (5) or more dwelling units are eligible for the density bonus percentages provided by this subsection. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(1).

1. For housing developments meeting the criteria of subsection (C)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. For housing developments meeting the criteria of subsection (C)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing developments meeting the criteria of subsection (C)(1)(c) and (e), the density bonus shall be twenty percent (20%).
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4. For housing developments meeting the criteria of subsection (C)(1)(f), the density bonus shall be thirty-five percent (35%).

5. For housing development meeting the criteria of subsection (C)(1)(g), the following shall apply:
i. The density bonus shall be 80 percent of the number of units for lower income households.
ii. If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.

4. For housing developments meeting the criteria of subsection (C)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
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44 50

5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this section. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.

7. The application and review process for a density bonus as provided by this section is set forth in subsection L of this section.

H. Land Donation. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows:

Percentage Very Low Income Units Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this subsection and subsection C. All 50 Click Here to Return to Agenda
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density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development.

1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.
b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development. c. The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer.
d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication.
e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city-approved developer.
f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter (¼) mile of the boundary of the proposed development.
g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

2. The application and review process for a donation of land and related density bonus is set forth in subsection L of this section.

I. Child Daycare Facilities.

1. When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child daycare facility that will be located on the premises of, as part of, or adjacent to such housing 51 Click Here to Return to Agenda
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development, the city shall grant either of the following if requested by the developer.
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child daycare facility.
b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child daycare facility.

2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur:
a. The child daycare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D. b. Of the children who attend the child daycare facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households.
c. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child daycare facility if it finds, based upon substantial evidence, that the community already has adequate child daycare facilities.

3. The application and review process for the provision of child daycare facilities and related density bonus or concessions or incentives is set forth in subsection L of this section.

J. Condominium Conversions. Any developer converting condominiums of a housing development of five (5) units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915.

K. By-Right Parking Incentives. Housing developments meeting any of the criteria of subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer:

1. Zero (0) to one (1) bedroom dwelling unit: one (1) onsite parking space;

2. Two (2) to three (3) bedrooms dwelling unit: one and one-half (1½) onsite parking spaces;

3. Four (4) or more bedrooms: two and one-half (2½) parking spaces. 52 Click Here to Return to Agenda
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If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on-street parking.

If a development includes at least 20 percent low-income units or at least 11 percent very low income units and is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.

If a development includes at least 40 percent moderate-income units and is located within one-half mile of a major transit stop, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom.

For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.

If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

L. Application and Review Procedures.

1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this section shall be submitted with the first application 53 Click Here to Return to Agenda
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that is submitted for approval of a housing development and processed concurrently with all other applications required for the housing development.

Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the city and shall include at least the following information:
a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability.
c. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under subsection E.
d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection H can be made.
e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child daycare facilities and provide evidence that each of the findings included subsection I can be made.

2. An application for a density bonus, incentive or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval.

3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one (1) of the following conditions applies:
a. The waiver/modification is not required to make the proposed affordable housing units feasible; or
b. The waiver/modification will have a specific adverse impact.

The decision of the planning commission may be appealed to the city council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 54 Click Here to Return to Agenda
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4. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval.

Chapter 9.80 NONRESIDENTIAL PERMITTED USES

9.80.020 Table of permitted uses.

A. Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential Districts, following, specifies those uses and structures which are permitted within each nonresidential district. The letters in the columns beneath the district designations mean the following:

1. "P": Permitted as a principal use within the district.

2. "A": Permitted only if accessory to the principal use on the site.

3. "C": Permitted as a principal or accessory use if a conditional use permit is approved.

4. "M": Permitted if a minor use permit is approved.

5. "T": Permitted as a temporary use only.

6. "X": Prohibited in the district.

7. "S": Permitted under a specific plan.

B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not permitted unless the planning or the planning commission determines that such use is within one (1) of the permitted use categories listed (e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040.

Table 9-5 Permitted Uses in Nonresidential Districts
P = Permitted use
A = Accessory use
C = Conditional use permit
M = Minor use permit
T = Temporary use permit
X = Prohibited use
Regional CommercialCommercial ParkCommunity CommercialNeighborhood CommercialTourist CommercialOffice CommercialMajor CommunityVillage Commercial Land Use CR CP CC CN CT CO MC VC
Retail Uses
Retail stores under 10,000 sq. ft. floor area
per business

P P P P P P X P
Retail stores1 , 10,000—50,000 sq. ft. floor
area

P P P P X X X P
Retail stores1 , over 50,000 sq. ft. floor area P C M X X X X X Food, liquor and convenience stores under
10,000 sq. ft. floor area, open less than 18

P A P P A A X P
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hours/day2
Food, liquor and convenience stores under
10,000 sq. ft. floor area, open 18 or more
hours/day2

M X M M M X X M
Plant nurseries and garden supply stores,
with no propagation of plants on the
premises, subject to Section 9.100.110
(Outdoor storage and display)

P X P P X X X P
Showroom/catalog stores, without substantial
on-site inventory

P P P X X X X X
General Services
Barbershops, beauty, nail and tanning salons
and similar uses

P A P P P A X P
Miscellaneous services such as travel
services, photo and video services, shoe
repair, appliance repair, and similar uses

P A P P P A X P
Laundromats and dry cleaners, except central
cleaning plants

P X P P P X X M
Printing, blueprinting and copy services P P P P P P X P Pet grooming—without overnight boarding P X P P P X X P Office and Health Services
Banks P X P P P P X P
General and professional offices P P P P P P P P
Medical offices—physicians, dentists,
optometrists, chiropractors and similar
practitioners, 3 or fewer offices in one
building

P P P P P P X P
Medical centers/clinics—four or more offices
in one building

P X P C X P X P
Surgicenters/medical clinics P P P C X P X X
Hospitals C X X X X X C X
Convalescent hospitals C X C X X X C X
Veterinary clinics/animal hospitals and pet
boarding (indoor only)

M M M M X X X M
Dining, Drinking and Entertainment Uses
Restaurants, other than drive-through P A P P P X A P
Restaurants, drive-through P A P X P X X X
Restaurants, counter take-out with ancillary
seating, such as yogurt, ice cream, pastry
shops and similar

P P P P P X A P
Bars and cocktail lounges M M M M M X X M
Dance clubs and nightclubs C C C X C X X C
Dancing or live entertainment as an accessory
use

A A A A A X X A
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Theaters, live or motion picture P X M M M X A M
Tobacco shops without onsite smoking, as per
the provisions of the Heath and Sanitation
Code

P X P P A X X P
Cigar lounges, hookah bars, and similar uses
with onsite smoking, as per the provisions of
the Health and Sanitation Code

M X M M A X X M
Recreation Uses
Bowling alleys P X P X P X X C
Pool or billiard centers as a principal use C C C X C X X C Pool or billiard tables as accessory use (3
tables or less)

A A A A A A X A
Game machines as an accessory use A A A A A A X A
Golf courses and country clubs (see GC
district permitted uses, Chapter 9.120)

X X X X A X X X
Driving range unlighted P A C X P A P X
Tennis clubs or complexes C A C X X A C X
Health clubs, martial arts studios, and dance
studios, 5,000 sq. ft. floor area or less

P P P P P P P P
Health clubs, martial arts studios, and dance
studios, over 5,000 sq. ft. floor area

M M M M M M M M
Libraries P P P P P P P P
Museum P P P P P P P P
Arts and crafts studios, including classes P P P P P P P P Parks, unlighted playfields and open space P P P P P P P P Lighted playfields X X X X X X C C
Bicycle, equestrian and hiking trails P P P P P P P P
Indoor pistol or rifle ranges X C X X X X X X
Indoor or outdoor commercial recreation
centers

M M M M M M X M
Ice skating rinks M M M X M X M X
Assembly Uses
Lodges, union halls, social clubs and
community centers

P P P P X X P P
Churches, temples and other places of
worship

M M M M X M X M
Mortuaries and funeral homes M M M X X X X X
Public and Semipublic Uses
Fire stations P P P P P P P P
Government offices and police stations P P P P P P P P
Communication towers and equipment
(freestanding, new towers) subject to Chapter

9.170

C C C C C C C C
Communication towers and equipment (co- M M M M M M M M 57 Click Here to Return to Agenda
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location, mounted to existing facility) subject
to Chapter 9.170
Electrical substations X M X X X X M X
Water wells and pumping stations P P P P P P P P
Reservoirs and water tanks X X X X X X P X
Public flood control facilities and devices P P P P P P P P Colleges and universities C M X X X M C C
Vocational schools, e.g., barber, beauty and
similar

M C C X X C C C
Private elementary, intermediate and high
schools

C C C C C C C C
Helicopter pads X X X X C X C X
Public or private kennels and animal shelters
(with indoor or outdoor pet boarding)

X C X X X X C X
Residential, Lodging and Child Daycare Uses
Existing single family home X X X X X X X P
Townhome and multifamily dwelling as a
primary use3,4

C C C C C C X C
Residential as an accessory use, e.g.,
caretaker residences per Section 9.100.160

M M M M M M M M
Child daycare facilities, centers and
preschools as a principal use, subject to
Section 9.100.240 (also see Accessory Uses)

M M M M X M M M
Senior group housing X X X X X X X M
Rooming and boarding houses X X X X X X X M
Single room occupancy (SRO) hotels, subject
to Section 9.100.250

C X X X X X X X
Emergency and homeless shelters and Low
Barrier Navigation Centers

P P P P P P P X
Transitional and supportive housing for
homeless persons or victims of domestic
abuse

C X X X X X C X
Single-family residential X X X X X X X X
Mixed-use projects subject to Section

9.110.120

P P P P P P X P
RV rental parks and ownership/membership
parks

X X X X M X X X
Resort residential, subject to Section

9.60.310

S X C X P X X P
Hotels and motels P X P X P X X P
Timeshare facilities, fractional ownership,
subject to Section 9.60.280

P X P X P X X P
Automotive, Automobile Uses5
Golf cart, neighborhood electric vehicle (NEV), P P P M X X X M 58 Click Here to Return to Agenda
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and electric scooter sales
Automobile service stations, with or without
minimart subject to Section 9.100.230

C C C C X X X C
Car washes M M M X X X X X
Auto body repair and painting; transmission
repair

X C X X X X X X
Auto repair specialty shops, providing minor
auto maintenance: tire sales/service, muffler,
brake, lube and tune-up services

C C C X X X X X
Auto and motorcycle sales and rentals M M X X X X X X
Used vehicle sales, not associated with a new
vehicle sales facility, as per Section

9.100.260

C C X X X X X X
Truck, recreation vehicle and boat sales C C X X X X X
Auto parts stores, with no repair or parts
installation on the premises

P P P P X X X P
Auto or truck storage yards, not including
dismantling

X C X X X X X X
Private parking lots/garages as a principal use
subject to Chapter 9.150, Parking

C C C X C C X C
Warehousing and Heavy Commercial Uses5
Wholesaling/distribution centers, general
warehouses with no sales to consumers

C P X X X X X X
Mini-storage X X6 X X X X X X
Lumber yards, outdoor (see retail stores for
indoor lumber sales)

X M X X X X X X
Pest control services M P X X X X X X
Contractor offices, public utility and similar
equipment/storage yards

X M X X X X P X
Central cleaning or laundry plants X X X X A X X X
Industrial and Research Uses
Indoor manufacture and assembly of
components or finished products

X P X X X X X X
Research and development P P X X X X X X
Recording studios M P X X X X X M
Bottling plants X P X X X X X X
Recycling centers as a primary use, collection
and sorting only, subject to Section

9.100.190

X C X X X X C X
Off-site hazardous waste facilities X C X X X X X X
Accessory Uses and Structures
Construction and guard offices, subject to
Section 9.100.170

P P P P P P P P
Portable outdoor vendor uses subject to M M M M M M M M 59 Click Here to Return to Agenda
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Section 9.100.100
Swimming pools as an accessory use A A A A A A A A
Indoor golf or tennis facilities as an accessory
use

A A A A A A A A
Outdoor golf or tennis facilities as an
accessory use

M M M M M M M M
Antennas and satellite dishes, subject to
Section 9.100.070

A A A A A A A A
Reverse vending machines and recycling
dropoff bins, subject to Section 9.100.190

A A A A X X A M
Incidental on-site products or services for
employees or businesses, such as child day
care, cafeterias and business support uses

A A A A A A A A
Other accessory uses and structures which
are customarily associated with and
subordinate to the principal use on the
premises and are consistent with the purpose
and intent of the zoning district, as
determined by the director

A A A A A A A A
Temporary Uses
Christmas tree sales, subject to Section

9.100.080

T T T T X X T T
Halloween pumpkin sales, subject to Section

9.100.080

T T T T X X T T
Stands selling fresh produce in season,
subject to Section 9.100.090

T T T T X X T T
Sidewalk sales, subject to Section 9.100.120 T T T T T T X T Temporary outdoor events, subject to Section

9.100.130

T T T T T T T T
Use of relocatable building, subject to Section

9.100.180

T T T T T T T T
Holiday period storage subject to Section

9.100.145

M M M M M M M M
Other Uses
Sexually oriented businesses, subject to
Section 9.110.0807

C X X X X X X X
Medical marijuana dispensaries X X X X X X X X
Other uses not listed in this table: per Section

9.20.040, director or planning commission to
determine whether use is permitted

Notes:
1 Unless use is specifically listed elsewhere in this table. 2 With no consumption of alcohol on the premises.
3 If part of a mixed-use project per Section 9.140.090. 60 Click Here to Return to Agenda
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4 If not part of a mixed use project: Subject to Section 9.30.070 (RH, High Density Residential District) for density. 5 Subject to Section 9.100.110, Outdoor storage and display. 6 Mini-storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this section), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008 with approval of a site development permit. Any modification or expansion shall conform to the development standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development Standards. 7 Property must also be located within the SOB (sexually oriented business) overlay district. (Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 4, 2016; Ord. 523 § 1, 2015; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord. 449 § 1, 2007; Ord. 429 § 1, 2006; Ord. 414 § 1, 2005; Ord. 397 § 1, 2004; Ord. 325 § 1, 1998; Ord. 307 § 1, 1997; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
Chapter 9.100 SUPPLEMENTAL NONRESIDENTIAL

REGULATIONS

9.100.280 Emergency and homeless shelters, Low Barrier Navigation Centers.

A. Purpose.

1. To ensure the zoning code facilitates emergency and homeless shelters under the Housing Accountability Act (California Government Code Section 65589.5) and in accordance with the requirements set forth in California Government Code Section 65583, as amended.

2. To provide zoning, development, and management procedures for emergency and homeless shelters.

3. To implement the city's general plan housing element policies and programs relating to the provision of emergency and homeless shelters.

B. Definitions. See Chapter 9.280.

C. Development Standards.

1. The maximum capacity of an emergency or homeless shelter shall be twenty (20) beds or persons.

2. On site management and security shall be provided on a twenty-four (24)- hour/seven (7) day per week basis.

3. Residency in an emergency or homeless shelter shall be limited to six (6) months or less per individual.

D. Low Barrier Navigation Centers: A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a 61 Click Here to Return to Agenda
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centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

Chapter 9.110 SPECIAL PURPOSE/OVERLAY DISTRICTS

9.110.100 AHO Affordable Housing Overlay District.

A. Purpose and Intent.

1. To permit the development of affordable housing at higher densities within commercial zones and other specified residential sites while maintaining consistency with underlying base land use designations.

2. To provide increased and enhanced housing opportunities for low and very low income residents.

3. To accommodate the city's regional housing need.

4. To encourage lot consolidation and maximize the housing potential of vacant and underutilized sites.

5. To provide mixed use nodes that minimize vehicle trips and enhance proximity to services and mass transit, consistent with implementation measures CI-13 and ND-4 of the city's greenhouse gas reduction plan, as well as transportation demand management principles.

6. To allow owner-occupied and rental multi-family residential units by right for developments with at least 20% of the units affordable to low, very low or extremely low income households at a density of at least 20 units per acre, and at least 16 units per site, consistent with Government Code Section 65583.2(h) and (i).

B. Development Standards. See Table 9-9. In addition:

1. Density: Minimum 20 units per acre; maximum 36 units per acre.

2. Minimum livable floor area excluding garage shall be six hundred (600) square feet.

3. Minimum common area open space shall be thirty percent (30%).

C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN, CR, and VC districts and other sites identified on the official zoning map. 62 Click Here to Return to Agenda
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(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013) 63 Click Here to Return to Agenda
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Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT

STANDARDS

9.130.010 Table of development standards.

Table 9-9 contains standards for development of property within special purpose districts:

Table 9-9 Special Purpose District Development Standards District
Development
Standard

PR GC OS FP HC EOD AHO A/ER MU
Minimum building
site
n/a n/a n/a * 20,00
0 sf
*** 1 acre 10,000
sf/20,00
0 sf
multifa
mily
1 acr
e
Minimum lot
frontage
n/a n/a n/a n/a 100
ft.
n/a 100 100 n/
a
Maximum structure
height (ft.)1
28 28 28 * 28 *** 40 28 **
*
Maximum lot
coverage
n/a n/a n/a n/a 30% n/a 60% 40% **
*
Maximum number
of stories
2 2 2 * 2 *** 4 2 **
*
Minimum setbacks n/a n/a n/a n/a Front:
30 Int./E
xt.

Side:
10/20
Rear:
30 n/a Front:
10 Int./E
xt.

Side:
5/5
Rear:
10 Front:
30 Garage:
20 Side:
20 Rear:
30 **
*
Minimu
m
perime
ter
buildin
g/
landsca
pe
setbac
ks
(ft.)2, t4
From
Highway
111 rightof-way
50/
50 50/
50 50/
50 50/
50 50/50 50/
50 n/a *** **
*
From
perimeter
street
ROWs
30 30 30 * 10′
min,
20′
avera
ge
*** 10 20 **
*
From all
image
corridor3
rights-of30/
20 30/
20 30/
20 30/
20 30/20 30/
20 *** *** **
*
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way
(except
Hwy 111)
and from
all major
and
primary
arterials
From
abutting
residential
property
or districts
30 30 30 * ** *** *** *** **
*
From
abutting
commerci
al and
other
nonreside
ntial
property
or districts
20 20 20 * ** *** *** *** **
*
Minimum setback
from interior
property lines
within the same
project4
0 0 0 * ** *** *** *** **
*
Parking and signs See Chapters 9.150 and 9.160
Fences and walls See Section 9.100.030
Landscaping and
screening
See Sections 9.100.040 and 9.100.050
Notes:
* As required for needed flood control structures.
** As provided in the HC supplemental regulations, Section 9.140.040. *** As provided in the underlying base district regulations, subject to the additional requirements of the overlay district in Chapter 9.140.
1 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan image corridor and major or primary arterials. Any proposed building height over 22 feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone.
2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities.
3 The image corridors as identified in the General Plan. 65 Click Here to Return to Agenda
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4 In the AHO, for interior yards, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said side yard property line. If the building is over 28 feet in height, the setback is 10 feet plus 1 foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 445 § 4, 2007; Ord. 284 § 1, 1996)
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Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE

REGULATIONS

9.140.080 AHO affordable housing overlay regulations.

A. Applicability. The AHO overlay district and the provisions of this section apply to all areas of the city containing the "AHO" overlay designation on the official zoning map.

These include the CC, CP, NC, CR, and VC commercial zones, and other sites, as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control.

B. Definitions. See Chapter 9.280.

C. Permitted Uses. See Section 9.120.020.

1. Any use permitted, either expressly or by conditional use permit, in the underlying zone;

2. Affordable housing residential units on lots one (1) acre or greater in size, including those that are stand-alone, next to, and/or above nonresidential uses.

D. Development Standards, All Residential Uses. See Section 9.130.010. (Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013)

9.140.100 Agricultural/equestrian overlay.

A. Permitted Uses.

Table 9-10 Permitted Uses in the Agricultural/Equestrian Residential District

LAND USE
Residential Uses
Single-family detached dwellings P
Farmworker housing C
Mobile home parks C
Mobile home subdivisions and mobilehomes or manufactured homes on individual lots
P
Child daycare facilities as an accessory use, serving 8 or fewer children, subject to Section 9.60.190
A
Child daycare facilities as an accessory use, serving 9—14 children, subject to Section 9.60.190
M
Caretaker's residence P
Open Space and Recreational Uses
Public parks playfields and open space P
Bicycle, equestrian and hiking trails P
Tennis court or other game court as an accessory use associated with a private residence
P
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Tennis court or other game court for public use M
Golf course and country club, with or without driving range P Driving range with or without lights C
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110 H
Patio covers, decks and gazebos, subject to Section 9.60.040 A Fences and walls, subject to Section 9.60.030 A
Satellite dishes and other antennas subject to Section 9.60.080 A Swimming pools, spas and cabanas, subject to Section 9.60.070 A Guest houses, subject to Section 9.60.010 M A
Second units, "granny flats" and employee quarters, subject to Section

9.60.090 M
A
Garages and carports, subject to Section 9.60.060 A
Keeping of animals, subject to Section 9.60.120 A
Equestrian and Agricultural Uses
Stables, private P
Stables, commercial or riding academy C
Polo grounds, including stables, clubhouse C
Veterinary offices and hospitals C
The grazing and breeding of cattle, horses, llamas, or other farm stock or animals, not including hogs, not to exceed five animals per acre of all the land available
P
The grazing and breeding of sheep or goats, not to exceed 15 animals per acre of all land available
P
Farms for rabbits, fish, frogs, chinchilla or other small animals P Nurseries, greenhouses, orchards, aviaries, apiaries P
Tree crop farming P
Field crop or turf farming P
Winery and incidental uses with established vineyard P
Produce stands, subject to Section 9.100.100 P
The drying, packing, canning, freezing and processing of produce resulting from permitted uses when such activity is conducted within permanent buildings and structures
P
Noncommercial raising of hogs, not to exceed two per acre P Community auctions and sales yards (2-acre minimum) C
Feed stores C
Kennels and catteries, 5 to 10 animals M
Kennels and catteries, 10 to 25 animals on 1-acre minimum C Menageries C
Commercial composting facilities C
Other Uses
Guest ranches and bed and breakfasts C
Restaurants C
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Fraternal lodge halls C
Churches, temples and other places of worship C
Schools C
Libraries C
Public utility facilities P
Communication towers and equipment subject to Chapter 9.170 C B. Designation on Zoning Map. When the A/ER overlay district is used, the zoning designation on the official zoning map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example, RL (A/ER).

C. Development Standards, Residential Uses. See Table 9-9.

D. Development Standards, All Nonresidential Uses.

1. All buildings shall be limited to two (2) stories in height and a maximum of thirtyfive (35) feet, measured from the finished Grade 6 of the pad.

2. Setbacks. The following minimum setbacks shall apply from the property line:

Pasture: zero (0) feet
Accessory buildings: twenty (20) feet
Accessory structures: twenty (20) feet
Manure storage: twenty-five (25) feet

3. Fencing. Properties containing one (1) or more uses may be fenced to a maximum of six (6) feet. Permitted fencing materials include chain link, cement block, wood, wrought iron or tubular steel. Razor wire or concertina wire is permitted for those uses listed under "Equestrian and Agriculture Uses" in Table 9-10.

4. Parking. Parking shall be provided as required by Chapter 9.150.

5. Lighting. All lighting shall comply with Sections 9.60.160 and 9.100.150.

6. Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between 8:00 a.m. and 10:00 p.m. unless otherwise specified by an approved conditional use permit.

E. "Right to Farm" Intent and Policies.

1. Intent. It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the city's residents. It is also the intent of the city to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy, or use land within or adjacent to agricultural areas. It is the intent of this section is to reduce the loss to the area of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this chapter shall be construed to limit the right of any owner of real property to request that the city consider a change in the zoning classification of his or her property in accordance with the procedures set forth in the La Quinta Development Code. 69 Click Here to Return to Agenda
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2. Policies.
a. No agricultural activity, operation, or facility, or appurtenances thereof, in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began. b. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the State of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

3. This section is not to be construed so as to modify abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations.

F. Notice to Buyers of Land.

1. The director shall cause the following notice to be included on all tentative land division proposed that lies partly or wholly within, or within three hundred (300) feet of any land zoned for primarily agricultural purposes:

Lot(s) No. _______, as shown on this map, is (are) located partly or wholly within, or within three hundred (300) feet of land zoned for primarily agricultural purposes by the County of Riverside and the City of La Quinta. It is the declared policy of the City of La Quinta that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the city, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it was not a nuisance at the time it began. The term "agriculture activity, operation, or facility, or appurtenances thereof" includes all uses permitted in the Agricultural Overlay District, and includes, but is not limited to, equestrian activities, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

2. The city engineer shall cause the notice described in paragraph 1 of this subsection to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred (300) feet of, any land zoned for primarily agricultural purposes.

G. Preservation of Agricultural Land Uses in Perpetuity. Any land owner wishing to continue a land use listed in Table 9-10, Permitted Uses in the Agricultural/Equestrian 70 Click Here to Return to Agenda
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Residential District, may, at any time, exercise his or her rights under Chapter 9.190, Transfer of Development Rights.
(Ord. 550 § 1, 2016; Ord. 489 § 1, 2011; Ord. 368 § 1, 2002) Chapter 9.150 PARKING

9.150.070 Spaces required by use.

A. Land Uses Not Listed. If no provisions for the required number of off-street parking spaces are set forth in Tables 9-11 or 9-12 of this section or the provisions are not clear for a specific use, the decision-making authority for the applicable use or project shall determine the number of parking spaces required.

B. Parking for Residential Land Uses. Table 9-11 contains the minimum number of parking spaces required for each type of residential land use. Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided in conformance with Section 9.150.070 (Shared Parking).

C. Parking for Nonresidential Land Uses.

1. Adequate Parking Required. All nonresidential land uses shall provide off-street parking in compliance with this subsection and with Table 9-12 unless modified by the provisions contained in Section 9.150.050. Table 9-12 sets forth the minimum and maximum requirements for each use. It shall be the responsibility of the developer, owner or operator of any use to provide adequate off-street parking.

2. Bicycle Parking. In addition to the automobile parking spaces required per Table 9- 12, bicycle parking shall be provided for certain nonresidential uses in accordance with subsection (C)(3) of this section.

Table 9-11 Parking for Residential Land Uses
Land Use Minimum Off-Street
Parking Requirement
Additional
Requirements
Single-family detached,
single-family attached and
duplexes
2 spaces per unit in a
garage plus 0.5 guest
spaces per unit if no onstreet parking is available
For all single-family
residential zones except
RC, parking in excess of
the minimum required
may be tandem
In a garage, tandem
parking may be used to
meet the above-stated
minimum required parking
in the RC district only
Employee quarters 1 space per unit. This
space shall not be
tandem.
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Apartments, townhomes
and condominiums:

All parking spaces shall be
distributed throughout the
site to ensure reasonable
access to all units.
(1) Studio 1 covered space per unit,
plus 0.5 guest spaces per
unit
(2) One- and twobedroom 2 covered spaces per unit
plus 0.5 guest spaces per
unit
(3) Three or more
bedroom
3 covered spaces per unit
plus 0.5 covered spaces
per each bedroom over
three, plus 0.5 guest
spaces per unit
Mobilehome parks 2 covered spaces/unit,
which may be in tandem,
plus 0.5 guest spaces per
unit
Senior housing (excluding
single family units)
1 covered space per unit,
plus 0.5 guest spaces per
unit
Senior group
housing/senior citizen
hotels and congregate
care facilities

0.5 covered spaces per
unit plus 0.5 guest spaces
per unit
Lodging and Child Daycare Uses
Bed and breakfast inns 1 space per guest room
plus parking for residents
as required by this code.

Boardinghouse,
roominghouse, and single
room occupancy hotels
1 space per sleeping room
Child daycare centers,
including preschools and
nursery schools
1 space per staff member
plus 1 space per 5
children. Parking credit
may be given if queuing
area for more than 4 cars
is provided, but resulting
parking shall be not less
than 1 per staff member
plus 1 per 10 children
Stacking analysis may be
required to define a dropoff facility that
accommodates at least 4
cars in a continuous flow,
preferably one-way, to
safely load and unload
children
Recreational vehicle parks 1 automobile parking
space on each recreational
vehicle lot plus 1 space
per 20 recreational lots for
visitors
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Table 9-12 Parking for Nonresidential Land Uses
Land Use Minimum OffStreet Parking
Requirement
Maximum OffStreet Parking
Requirement
Additional
Requirements
Commercial Uses
Bars and cocktail
lounges
1 space per 50
sq. ft. GFA
including
indoor/outdoor
seating areas
(see also
Restaurants)
1 space per 25
sq. ft. GFA
including
indoor/outdoor
seating areas
(see also
Restaurants)
Lumberyards and
nurseries
1 space per
1,000 sq. ft.

GFA indoor area,
plus 1 space per
1,000 sq. ft. of
outdoor display
or sale area
1 space per 500
sq. ft. GFA
indoor area, plus
1 space per
1,000 sq. ft. of
outdoor display
or sale area
Model home
complexes
10 spaces N/A
Personal service
establishments
3 spaces per
1,000 s.f.
4 spaces per
1,000 s.f.

Restaurants:
(1) Conventional sitdown, including any
bar area
1 space per 125
sq. ft. GFA
including indoor
and outdoor
seating areas
1 space per 75
sq. ft. GFA
including indoor
and outdoor
seating areas
(2) Drive-through
and fast food
1 space per 100
sq. ft. GFA,
including indoor
and outdoor
seating areas,
but not less than
10 spaces.

N/A
(1) General retail
uses under 100,000
sq. ft. GFA
1 space per 300
sq. ft. GFA
1 space per 250
sq. ft. GFA
For shopping
centers,
freestanding
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uses 100,000 sq. ft.

GFA and greater
sq. ft. GFA sq. ft. GFA nonfreestanding
restaurant space
in excess of
20% of the total
shopping center
GFA shall be
computed
separately using
the applicable
restaurant
parking ratio(s)
Furniture and
appliance stores
1 space per
1000 sq. ft. GFA
1 space per 750
sq. ft. GFA
Warehouses, storage
buildings or
structures used
exclusively for
storage
1 space per
2,000 sq. ft. of
gross area for
storage
purposes
1 space per
1,000 sq. ft. of
gross area for
storage
purposes
Mini-storage
facilities
1 space per
5,000 sq. ft.
plus 2 spaces for
any caretaker's
unit
N/A
Office and Health Care Uses
Convalescent
hospitals, nursing
homes, children's
homes and
sanitariums
1 space per 4
beds based on
the resident
capacity of the
facility as listed
on the required
license or permit
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure See
also senior
group housing
(senior citizen
hotels) under
residential uses
General offices,
other than medical,
dental, banks,
savings and loans,
credit unions and
similar financial
1 space per 300
sq. ft. GFA
1 space per 250
sq. ft. GFA
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure Rates
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institutions are for office
uses only. If
ancillary uses
are included,
such as
restaurants or
retail
establishments,
parking for such
uses must be
provided per
their applicable
rates
Hospitals 1.75 spaces per
bed

Medical or dental
offices/clinics
1 space per 200
sq. ft. GFA
1 space per 175
sq. ft. GFA
Minimum 30%
of required
spaces shall be
covered by a
trellis or carport
structure
Veterinary hospitals
and clinics
1 space per 400
sq. ft. GFA
exclusive of
overnight
boarding areas
1 space per 300
sq. ft. GFA
exclusive of
overnight
boarding areas
Automotive Uses
Automobile repair
facilities
1 space per 250
sq. ft. of sales
area
1 space per 200
sq. ft. of sales
area, plus 2
spaces per
service bay
Automobile Fueling: N/A
(1) Without retail
sale of beverage and
food items
1 space per 500
sq. ft. GFA
(2) With retail sale
of beverage and
food items
1 space per 400
sq. ft. GFA
Automobile, truck,
boat, and similar
1 space per 500
sq. ft. GFA (not
N/A Parking is for
customers and
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vehicle sales or
rental
establishments
including service
bays), plus 1
space per
service bay
employees, and
is not to be used
for display.

Car washes: N/A Applicant may
be required to
submit a parking
study which
includes a
stacking analysis
for the proposed
facility
(1) Full-service 10 spaces
(vacuuming or
drying areas
shall not be
counted as
parking spaces)
(2) Express-service 2 spaces per
facility (wash
bays shall not be
counted as
parking spaces)
Industrial Uses
General
manufacturing,
research and
development and
industrial uses
1 space per 500
sq. ft. GFA
N/A
Warehousing and
distribution space
1 space per
1,000 sq. ft.

GFA
N/A
Assembly Uses
Auditoriums,
theaters, cinemas
1 space per 3
seats
1 space per 2.5
seats
18 lineal inches
of bench shall be
considered 1
fixed seat.

Churches, temples
and similar places of
assembly
1 space per 5
seats of
assembly area
1 space per 3
seats of
assembly area
18 lineal inches
of bench shall be
considered 1
fixed seat.

Parking will be
required at the
same rate for
other
auditoriums,
assembly halls
or classrooms to
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be used
concurrently
with the main
auditorium
Nightclubs,
dancehalls, lodge
halls and union halls
1 space per 50
sq. ft. GFA, plus
required parking
for other uses
on the site
1 space per 35
sq. ft. GFA, plus
required parking
for other uses
on the site
Mortuaries and
funeral homes
1 space for
every 5 seats of
assembly room
floor area
1 space for
every 3 seats of
assembly room
floor area, plus
1 space for each
vehicle stored
onsite, plus 5
spaces for
employees
Community centers 1 space per 300
sq. ft. GFA
1 space per 200
sq. ft. GFA
Lodging and Child Daycare Uses
Daycare centers,
including preschools
and nursery schools
1 space per 300
sq. ft. GFA, plus

1.5 spaces per
employee
1 space per 250
sq. ft. GFA, plus

1.5 spaces per
employee
Stacking
analysis shall be
required to
define a drop-off
facility that
accommodates
safely loading
and unloading
children
Hotels & motels 1.3 spaces per
guest bedroom
plus required
parking for other
uses on the site

1.1 spaces per
guest bedroom
plus required
parking for other
uses on the site
Timeshare facilities,
fractional ownership
and similar facilities

1.5 spaces per
dwelling or
guest unit plus
required parking
for other uses
on the site

1.3 spaces per
dwelling or
guest unit plus
required parking
for other uses
on the site
Recreational Uses
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Arcade, game and
video
1 space per 200
sq. ft. GFA

Billiard or pool
establishments
1 space per 150
sq. ft. GFA
1 space per 100
sq. ft. GFA
Bowling alleys 4 spaces per
alley plus
required parking
for other uses
on the site
5 spaces per
alley plus
required parking
for other uses
on the site
Golf uses: N/A
(1) Driving ranges 1 space per tee,
plus the spaces
required for
additional uses
on the site
(2) Pitch and putt,
par three and
miniature golf
courses
3 spaces per
hole, plus the
spaces required
for additional
uses on the site
(3) Regulation
courses
5 spaces per
hole, plus the
spaces required
for additional
uses on the site
8 spaces per
hole, plus the
spaces required
for additional
uses on the site
Tennis courts,
handball/racquetball,
and other courtbased facilities
3 spaces per
court
4 spaces per
court
Health clubs,
membership gyms
and commercial
swimming pools
1 space per 200
sq. ft. GFA (for
purposes of this
use, swimming
pool area shall
be counted as
floor area)
1 space per 150
sq. ft. GFA (for
purposes of this
use, swimming
pool area shall
be counted as
floor area)
Libraries/museums 1 space per 300
sq. ft. GFA
1 space per 200
sq. ft. GFA
Shooting ranges 1 space per
shooting station
plus 5 spaces for

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employees
Skating rinks, ice or
roller
1 space per 250
sq. ft. GFA
1 space per 200
sq. ft. GFA
Stables, commercial 1 space per each
5 horses kept on
the premises
1 space per each
4 horses kept on
the premises
Public and Semipublic Uses
Public utility facilities
not having business
offices on the
premises, such as
electric, gas, water,
telephone facilities
1 space per
employee plus 1
space per
vehicle used in
connection with
the facility
N/A
Schools: N/A
(1) Elementary and
junior high or middle
schools
2 spaces per
classroom
(2) Senior high
schools
10 spaces per
classroom
(3) Colleges,
universities and
institutions of higher
learning
20 spaces per
classroom
(4) Trade schools,
business colleges
and commercial
schools
20 spaces per
classroom
Emergency and
Homeless Shelters,
Low Barrier
Navigation Centers
1 space per
employee.

3. Required Bicycle Parking. Bicycle parking shall be provided for certain nonresidential uses in order to encourage the use of bicycles and to mitigate motor vehicle pollution and congestion. The minimum bicycle parking requirements for nonresidential uses are as follows:
a. Land uses required to provide bicycle parking equal to minimum three percent (3%) of the total parking spaces required per Table 9-12 include: video arcades, bowling alleys, cinemas/movie theaters, commercial recreation, tennis clubs, health clubs, libraries, schools, and skating rinks. b. Land uses required to provide a minimum of five (5) bicycle parking spaces include: churches, clubs/halls, hospitals and restaurants (all categories). 79 Click Here to Return to Agenda
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c. Land uses required to provide a minimum of one (1) bicycle parking for every twenty-five thousand (25,000) square feet of gross floor area include governmental, general, medical and financial office uses. d. In addition to the requirements of subsections (C)(2)(a) through (c) of this section, retail centers shall provide five (5) bicycle parking spaces for each tenant having over twenty thousand (20,000) square feet of gross floor area.

The spaces shall be provided at or near the major tenant's main entry. e. Bike racks shall be placed in shaded locations, out of the way of pedestrian flows and shopping cart storage and shall be provided with a mechanism which permits locking a bicycle onto the rack.
(Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
Chapter 9.280 DEFINITIONS

9.280.030 Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has been ceased or suspended.
"Abutting" or "adjacent" means two (2) or more parcels sharing a common boundary at one (1) or more points.
"Access/egress" means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. As it pertains to Section 9.140.060, Equestrian overlay district, "accessory building" means any building subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, hay and tack barns, stables and other structures and uses customarily appurtenant to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian overlay district, "accessory structure" means any structure subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, arenas, grandstand seating, corrals, exercise rings, and other structures associated with the permitted use.

Fences are not considered structures for the purposes of this section. "Accessory use" means a land use subordinate and incidental to the principal use on the same building site.
"Actual construction" means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. "Administrative office" means a place of business for the rendering of service or general administration, but not including retail sales.
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Adult Business, Adult Entertainment Business or Adult Oriented Business. See Sexually oriented businesses, Chapter 5.80 of the municipal code.

Advertising Device or Display. See sign definitions, Section 9.160.130. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code.
"Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and Section 9.60.260 of this code.
"Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes all uses allowed under the agricultural overlay district, including, but be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
"Alley" means a secondary means of access to abutting property located at the rear or side of the property.
"Alteration" means any physical change in the internal or external composition of a building or other structure.

Animal Hospital or Animal Clinic. See "Veterinary clinic." "Antenna" means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used for occupancy by one (1) family on a rental basis.
"Apartment building" or "apartment project" means a building or group of buildings in a single ownership with three (3) or more dwelling units per building and with most or all units occupied on a rental basis.

Area, Project Net. See "Project net area."
"Arena" means an enclosure physically similar to a corral, designed and constructed so as to be used for conducting equine-related entertainment and events open to the public, including, but not limited to, rodeos, polo matches, riding shows and exhibitions, etc. "Attached structures" means two (2) or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty (30) inches in height above the finished grade.

Attached Dwelling or Attached Residential. See "Dwelling, attached." "Automobile repair specialty shop" means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, 81 Click Here to Return to Agenda
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muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles.
"Automobile wrecking" or "automobile dismantling" means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. "Awning" means a roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. "Bar and cocktail lounge" means an establishment whose primary activity is the service of alcohol, beer or wine.
"Basement" means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five (5) feet of the height of any portion is above adjoining finish grade.
"Bed and breakfast" means a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation and in which a breakfast may be provided to guests. The breakfast provided shall not constitute a restaurant operation and may not be provided to persons other than guests of the inn. "Bedroom" means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. "Berm" means a mound or embankment of earth.

Billboard. See sign definitions, Section 9.160.130.
"Boardinghouse" means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided.
"Buildable area" means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area.
"Building" means an enclosed structure having a roof supported by columns or walls. "Building height" means the height of a building relative to the surrounding ground area.

Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010.

Building, Main. "Main building" means the building containing the main or principal use of the premises.

Building, Relocatable. "Relocatable building" means a building which is not placed on a permanent foundation and is designed to be movable from one (1) location to another without the need for a special permit such as that required to move a conventional house.

Relocatable buildings include, but are not limited to, mobilehomes, construction trailers, and modular buildings.
"Building site" means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. "Building site area" means the horizontal area within a building site expressed in square feet, acres or other area measurement.
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Building Site Coverage. See "Lot coverage."
Building Site, Panhandle or Flag. See "Lot" definitions.

Building Site, Through. "Through building site" means a building site having frontage on two (2) parallel or approximately parallel streets. See "Through lot." Business Park. See "Industrial park."
"CEQA" means the California Environmental Quality Act.
"Caretaker" means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. "Caretaker residence" means a residential unit not exceeding one thousand (1,000) square feet, which is not the principal use on the property, to be occupied by a caretaker or watchman who is responsible for the security of the principal use of the property. "Carport" means a roofed structure or a portion of a building which is open on two (2) or more sides for the parking of automobiles belonging to the occupants of the property. "Cattery" means any building, structure, enclosure or premises within which five (5) or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Cellar" means a nonhabitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than onehalf (½) that of the floor immediately above. A cellar is not counted as a building story. "Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled.
"Child day care center" or "preschool" means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions.
"Child day care facility" means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24)-hour basis. Child day care facility includes both child day care centers and child day care homes.
"Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code:

1. "Family day care home" means a home that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.
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2. "Large family day care home" means a home that provides family day care for seven (7) to fourteen (14) children, inclusive, including children under the age of ten (10) years who reside at the home.

3. "Small family day care home" means a home that provides family day care for eight (8) or fewer children, including children under the age of ten (10) years who reside at the home.
"City" means the city of La Quinta.
"City council" means the city council of the city of La Quinta. "Cleaning plant" or "laundry plant" means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies.

Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care.
"Club" means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses.
"Code" means this zoning code unless another code, ordinance or law is specified. "Commercial" means operated or conducted on a frequent basis for the purpose of financial gain.
"Commercial filming" means the production of still or moving pictures on public property.

Commercial Center. See "Shopping center."
"Commercial recreation" means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. "Commercial stable" means any facility specifically designed or used for the stabling of equine animals not owned by the residents of the subject property, for purposes such as onsite breeding, boarding, training, riding or other recreational use as a commercial service to the owners of said animals.
"Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people.
"Commission" means the planning commission of the city unless another commission is indicated.
"Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code.
"Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. "Community auction and sales yard" means a facility which periodically holds auctions of farm equipment, fixtures and other related materials in an enclosed building.

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"Community center" means a non-commercial use established for the benefit and service of the population of the community in which it is located, including senior centers.

Conditional Use Permit. See "Use permit."
"Condominium" means, consistent with Section 1351 of the State Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property.
"Condominium hotel" means a "hotel" or "group hotel" all or part of which constitutes a condominium project in which one (1) or more of the units are individually owned, but are intended to be available for "transient" use (as those terms are defined in Section 3.24.020 of the La Quinta Municipal Code), when not being used by the unit owner. See also "First class condominium hotel."
"Congregate care facility" means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one (1) building and on contiguous parcels within the building site.
"Congregate living facility" means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer developmentally disabled persons or six (6) or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single-family residences by operation of state law. (See also "Residential care facility.")
"Convalescent home" or "convalescent hospital" means a facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six (6) patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged.
"Conversion project" means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development.

Corner Lot. See definitions under "Lot."
"Corral" means an enclosure designed for use as an open holding area for horses for the purpose of confinement within that area for an indeterminate period of time. "Cottage food operation" means an enterprise wherein an individual prepares and packages non-potentially hazardous foods in a primary residential dwelling unit, which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one (1) full-time equivalent employee, and generates not more than: (1) thirty-five thousand ($35,000.00) dollars in gross annual sales in 2013; (2) forty-five thousand ($45,000.00) dollars in gross annual sales in 2014; (3) fifty thousand dollars ($50,000.00) in gross annual sales in 2015 and beyond as identified in California Health and Safety Code Section 113758.
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"County" means the county of Riverside unless another county is indicated.

Day Care Center. See "Child day care center."
"Decision-making authority" or "decision-making body" means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city.
"Density" means the number of dwelling units per gross acre, unless another area measurement is specified.
"Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. "Detached building or structure" means a building or other structure that does not have a wall or roof in common with any other building or structure. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. "Director" or "planning director" means the city manager or designee.

District. See "Zoning district."
District, Nonresidential. See "Nonresidential district." District, Residential. See "Residential district."
District, Special Purpose. See "Special purpose district." "Downtown village directional sign panel" means an interchangeable sign panel which does not require a sign permit, mounted on a monument base structure. The sign panels list businesses in the Village commercial zoning district.
"Drive-in" or "drive-through" means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. "Driveway" means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street.
"Driveway approach" means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway.
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"Duplex" means a permanent building containing two (2) dwelling units on a single lot. "Dwelling" means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels.

Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one (1) or more other main dwelling units by means of a roof or interior wall.

Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings).

Dwelling, Multifamily. "Multifamily dwelling" means a building containing three (3) or more dwelling units on a single parcel or building site.

Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling shifted to one (1) side of the lot, i.e., placed on the lot so that one (1) side setback is zero (0) or nearly zero (0) and the other side setback is larger than if both side setbacks were approximately equal.

Dwelling, Single-Family. "Single-family dwelling" means one (1) main dwelling unit on a single parcel or building site.

Dwelling, Single-Family Attached. "Single-family attached dwelling" means a main dwelling unit attached to one (1) other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot.

Dwelling, Single-Family Detached. "Single-family detached dwelling" means a main dwelling unit not attached to any other main dwelling unit.

Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically to two (2) or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot.
"Dwelling unit" means one (1) or more rooms, including a bathroom and kitchen, designed and used for occupancy by one (1) family for living and sleeping purposes.

Dwelling Unit, Second. See "Second unit."
"Easement" means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. "Educational institution" means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education.
"Elevation" means the vertical distance above sea level. "Emergency shelter" means housing with services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. Low Barrier Navigation Centers are also included in this definition. No individual or household may be denied emergency shelter because of an inability to pay.
"Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities,, for the housing of domestic employees and located upon the same building site occupied by their employer.
"Enclosed" means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits.
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"Environmental review" means all actions and procedures required of the city and of applicants by the California Environmental Quality Act ("CEQA," State Public Resources Code Section 21000 et seq.), the CEQA Guidelines (Public Resources Code Section 15000 et seq.) and local environmental procedures.
"Exception" means a city-approved deviation from a development standard based on the following types of findings by the decision-making authority:

1. General finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and

2. One (1) or more specific findings justifying the particular exception requested. "Family" means one (1) or more persons occupying one (1) dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six (6) or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel.

Family Day Care Home. See "Child day care home."
"Farm" means a parcel of land devoted to agricultural uses where the principal use is the propagation, care and maintenance of viable plant and animal products for commercial purposes.
"Farmworker housing" means any building or group of buildings where six (6) or more farm employees are housed.
"First class condominium hotel" means a condominium hotel where both of the following apply:

1. The condominium hotel has a brand operator or an independent operator that is experienced in the upscale segment or luxury segment of the hospitality industry as defined by J.D. Power and Associates; and

2. The condominium hotel satisfies the published requirements that will be sufficient for a ranking of no fewer than three (3) stars in the most recent annual awards list published from time to time by AAA Travel Guides or by the Mobil Travel Guide.

Flag. See sign definitions, Section 9.160.130.

Flag Lot or Panhandle Lot. See definitions under "Lot." "Flood" means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. "Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city.
"Floodplain" means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water.
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"Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.

Floor Area, Gross. See "Gross floor area."
Floor Area, Livable. See "Livable floor area."
"Floor area ratio" means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. "Fraternity house" or "sorority house" means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution.

Freestanding Sign. See sign definitions, Section 9.160.130.

Front Lot Line. See definitions under "Lot line."
"Garage" means a building or portion of a building used primarily for the parking of motor vehicles.

Gas Station or Service Station. See "Automobile service station." "General plan" means the general plan of the city of La Quinta. "Government code" means the California Government Code.

Grade, Average. "Average grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land.

Grade, Average Finish. "Average finish grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading.

Grade, Finish. "Finish grade" means the ground elevation at any point after final grading. "Grading" means the filling, excavation or other movement of earth for any purpose. "Granny flat" or "granny housing" means a secondary dwelling unit which is: (1) intended for the sole occupancy of one (1) or two (2) adult persons sixty-two (62) years of age or over; and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent (30%) of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred (1,200) square feet. (See also "Second unit.")
"Grazing" means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed.
"Gross acreage" means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre.

Gross Density. See "Density."
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"Gross floor area" means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas.

Gross Lot or Parcel Area. See "Lot area, gross."
"Ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed postsupported roofs over patios and walkways are not included.

Ground Sign. See "Freestanding sign" in sign definitions, Section 9.160.130. "Guest house" means a detached or attached unit which has sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees.
"Guest ranch" means any property of five (5) acres or more operated as a ranch which offers guest rooms for rent and which has outdoor recreational facilities such as horseback riding, swimming or hiking.

Habitable Area. See "Livable floor area."
"Habitable room" means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room.
"Hazardous waste" means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Home for the Aged. See "Convalescent home."
Homeless Shelter. See “Emergency shelter.”
"Home occupation" means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. "Hospital" means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients.
"Hotel" means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis.

Identification Sign. See sign definitions, Section 9.160.130. "Industrial park," "business park" or "office park" means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common off-street parking provided to serve all uses on the property.
"Intensity" means the level of development or activity associated with a land use, as measured by one (1) or more of the following:

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2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics.

3. The floor area occupied by the use.

4. The percentage of the building site occupied by the use or by the structure containing the use.

Interior Lot Line. See definitions under "Lot line."
"Kennel" means any building, structure, enclosure or premises within which five (5) or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Kitchen" means any room all or part of which is designed and/or used for the cooking or other preparation of food.

Land Use. See "Use."
Land Use Intensity. See "Intensity."
Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material.

Laundry Plant. See "Cleaning plant or laundry plant."
"Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure.
"Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one (1) or more persons whether or not they are compensated for their performance.

Living Area. See "Livable floor area."
Lodginghouse. See "Boardinghouse."
"Lot" means an area of land under one (1) ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Types of lots and their definitions are as follows:

1. "Corner lot" means a lot abutting two (2) streets intersecting at an angle of not more than one hundred thirty-five (135) degrees. If the angle of intersection is more than one hundred thirty-five (135) degrees, the lot is an "interior lot."

2. "Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty (40) feet wide and more than twenty (20) feet long and situated so that another lot is located between the main portion of the flag lot and the street.
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3. "Interior lot" means a lot abutting only one (1) street or abutting two (2) streets which intersect at an angle greater than one hundred thirty-five (135) degrees.

4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one (1) or more adjoining lots.

5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot.

6. "Through lot" means a lot with frontage on two (2) parallel or approximately parallel streets.
"Lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement.
"Lot coverage" or "building site coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post-supported roofs over patios and walkways are not included. "Lot frontage" means the length of the front lot line. For corner lots the lot frontage shall be measured from the interior lot corner to the outside of the corner cut-back. "Lot line or property line" means any boundary of a lot. The classifications of lot lines and their definitions are as follows:

1. "Front lot line" means the following:
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a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); c. On a through lot, the lot line abutting the street providing primary access to the lot.

2. "Interior lot line" means any lot line not abutting a street.

3. "Rear lot line" means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly-shaped lot or a lot bounded by only three (3) lot lines, the rear lot line is a ten (10)-foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code.

4. "Side lot line" means any lot line which is not a front or rear lot line. “Low Barrier Navigation Center” as defined in Government Code Section 65660 means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
"Lower income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code.
"Lowest floor" means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030.
"Manufactured home" means a residential building transportable in one (1) or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974.
"Master commercial development" means a commercial center for which an overall site development permit was approved and implemented, which may have remaining unconstructed pads or buildings.
"Master plan of arterial highways" means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city.
"Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper development of the city.
"Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. "Median" means a paved or planted area separating a street or highway into oppositedirection travel lanes.

Medical Clinic. See "Clinic, medical."
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"Medical marijuana dispensary" means a facility or location which provides, makes available or distributes medical marijuana to a primary caregiver, a qualified patient, or a person with an identification card, in accordance with California Health and Safety Code Section 11362.5 et seq.
"Menagerie" means a lot on which more than one (1) wild, non-domestic reptile (not including turtles or tortoises), bird (not including poultry) or mammal is kept. A tamed or trained wild animal shall not be considered a domestic animal. "Ministorage facility" means a building containing various size storage compartments not exceeding five hundred (500) square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. "Minor adjustments" are deviations in standards which have little or no potential for adverse impacts on the surrounding community and which are reviewed administratively.

Minor Use Permit. See "Use permit."
Mobilehome. See "Manufactured home."
"Mobilehome park" or "mobilehome development" means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. "Moderate income" or "persons and families of moderate income" means those middleincome families as defined in Section 50093 of the California Health and Safety Code.

Modular Home. See "Manufactured home."
Monument Sign. See sign definitions, Section 9.160.130. "Motel" means a building or group of buildings containing guest rooms rented on a weekly basis or less and with most or all guest rooms gaining access from an exterior walkway.

Multifamily Dwelling or Residence. See "Dwelling, multifamily." "Net project area" means all of the land area included within a development project excepting those areas with before-development slopes of thirty percent (30%) or steeper and those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project.
"Net site area" or "net lot area" means the total land area within the boundaries of a parcel or building site after ultimate street rights-of-way and easements that prohibit the surface use of the site are deducted.
"Noncommercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses.
"Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270.
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changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270.
"Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter

9.270.
"Nonconformity" means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270.

Nursery, Day Care. See "Child day care facility."
Nursing Home. See "Convalescent home."
Office Park. See "Industrial park."
Official Zoning Map. See "Zoning map."
"Off-site hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one (1) producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including, but not limited to,:

1. Incineration facilities (i.e., rotary kiln, fluid bed, etc.);

2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities);

3. Stabilization/solidification facilities;

4. Chemical oxidation facilities;

5. Neutralization/precipitation facilities; or

6. Transfer/storage facilities.
"Open space" means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities.

Open Space, Usable. "Usable open space" means open space which is predominately level (i.e., slopes less than five percent (5%)) but which may contain some steeper land (i.e., with slopes up to twenty percent (20%)) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen (15) feet in width and three hundred (300) square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails.

Outdoor Advertising Sign. See "Billboard" in sign definitions, Section 9.160.130. "Outdoor light fixtures" means outdoor artificial illuminating devices, outdoor fixtures, lamps and other devices, permanent or portable, used for illumination or advertisement. Such devices shall include, but are not limited to, search, spot, or flood lights for:
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1. Buildings and structures;

2. Recreational areas;

3. Parking lot lighting;

4. Landscape lighting;

5. Billboards and other signs (advertising or other);

6. Street lighting;

7. General area and yard lighting.
"Outdoor vendors" include hotdog stands, ice cream carts, and other retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design suitable for placement on a private sidewalk, plaza, or pedestrianway.

Panhandle Lot or Flag Lot. See definitions under "Lot." "Parcel" means an area of land under one (1) ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code.
"Parking accessway" means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas.
"Parking structure" means a structure which is open or enclosed and is used for the parking of motor vehicles.
"Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space.
"Pasture" means an enclosed holding area consisting of grass or similar vegetation, specifically used for purposes of grazing or feeding of animals.

Patio Home. See "Dwelling, patio home."
"Permitted use" means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code.
"Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit.
"Person with a disability" is a person with a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. "Personal services" are establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops, spas and tanning salons, clothing rental, dry cleaning stores, home electronics and small appliance repair, laundromats (selfservice laundries), shoe repair shops, and tailors. 96 Click Here to Return to Agenda
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"Planned unit development" means a residential development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project.

Pole Sign. See sign definitions, Section 9.160.130.

Portable Sign. See sign definitions, Section 9.160.130. "Precise plan" or "precise plan of development" means the plan or plans for a project, development or other entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. "Precise plan of highway alignment" means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines.

Primary Residence. See "Main dwelling."
"Primary unit" means a single-family or multifamily residential unit constructed and intended as the principal unit and building on a lot. The primary unit shall be the largest unit on the lot.
"Principal use" means the primary or predominant use of any parcel, building site or structure.
"Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights-of-way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project.

Projecting Sign. See sign definitions, Section 9.160.130. "Property line" means a lot line or parcel boundary.
"Public agency" means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof.

Rear Lot Line. See definitions under "Lot line."
"Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housing opportunities for persons with disabilities.
"Recreational vehicle" or "RV" means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels" and camper shells. "Recycling" means the process by which waste products are reduced to raw materials and transformed into new products.

Relocatable Building. See "Building, relocatable."
"Residential care facility" or "community care facility" means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. 97 Click Here to Return to Agenda
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Residential, Multifamily. See "Dwelling, multifamily."
Residential, Single-Family. See "Dwelling, single-family." "Restaurant" means any use providing for the preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafés, coffee shops, pubs, sandwich shops, ice cream parlors, fast food take-out and drive-through stores, whose primary activity is food service and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term "restaurant" may include the licensed sale of alcoholic beverages for consumption on the premises.

Restaurant, Drive-Through. "Drive-through restaurant" means a restaurant with one (1) or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles.

Rest Home. See "Convalescent home."
"Retail" means the selling of goods or merchandise directly to the ultimate consumer. "Reverse vending machine" means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return.
"Riding academy" means a facility designed and used primarily for recreational riding, training and instruction purposes, and allowing both on-site boarding or trailering of horses to the facility.
"Riding and hiking trail" means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles.
"Right-of-way" means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements.

Roof Sign. See sign definitions, Section 9.160.130.

Roominghouse. See "Boardinghouse."
"Satellite dish antenna" means an apparatus capable of receiving communications from a man-made satellite.
"Scenic highway" means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government.

Second Unit. In accordance with Government Code Section 65852.2(i)(4), "second unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation and shall be located on the same parcel as the single-family dwelling is situated. A second unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code;

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code. "Section" means a portion of this zoning code beginning immediately after a six (6)- or seven (7)-digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six (6)- or seven (7)-digit number. (See also "Subsection.") 98 Click Here to Return to Agenda
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"Semi-permanent sign" means a non-illuminated sign which requires a sign permit, such as advertising the future construction or opening of a facility, model home complex, commercial, or residential subdivision identification which is intended to be erected or posted for a minimum of sixty-one (61) days and a maximum of one (1) year. A permit for semi-permanent signs advertising future facility construction shall not be approved until a development review application has been submitted.
"Senior citizen" means a person fifty-five (55) years of age or older. "Senior citizen residence" means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six (6) or fewer senior citizens.
"Senior group housing" means a residential development which is developed or substantially renovated for and occupied by seven (7) or more senior citizens. "Service" means an act or any result of useful labor which does not in itself produce a tangible commodity.

Service Station. See "Gas station."
"Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary.

Sexually Oriented Business. See Chapter 5.80 of the municipal code. "Shopping center" or "commercial center" means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and off-street parking provided to serve all uses on the property.

Side Lot Line. See definitions under "Lot line."
"Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also "Special commercial event.") "Sign" means any medium for visual communication, including, but not limited to, words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130.

Single-Family Dwelling or Residence. See "Dwelling, single-family." "Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one (1) or two (2) persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared.

Site. See "Building site."
Site Area, Net. See "Net project or site area."
Site Coverage. See "Building site coverage."
Site Development Permit or Development Permit. See Section 9.210.010. "Slope" or "slope gradient" means the vertical distance between two (2) points on a slope divided by the horizontal distance between the same two (2) points, with the result 99 Click Here to Return to Agenda
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expressed as a percentage; e.g., "the slope has a twenty percent (20%) gradient" (usually used to describe natural as opposed to manufactured, slopes). "Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes).
"Special commercial event" means the temporary outdoor display and sale of merchandise by two (2) or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center.
"Specific plan" means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq.
"Stable" means a building or structure containing multiple stalls for the purposes of sheltering, feeding, boarding, accommodating or otherwise caring for several horses at one (1) time.
"Stall" means a division of a stable accommodating one (1) horse into an adequately sized enclosure for the purpose of confining individual horses within a sheltered environment as may be necessary for security, safety or other reasons pertinent to the health, welfare and daily care of each animal.
"Stock cooperative" means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy.
"Storage" means a place where goods, materials, and/or personal property is placed for more than twenty-four (24) hours.
"Story" means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it.
"Street" means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways.
"Structure" means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than thirty (30) inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition.
"Subsection" means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010(A). (See also "Section.")
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675.14(b) and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. ("Target 100 Click Here to Return to Agenda
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population" includes adults with low income having one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.)
"Swimming pool" means an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by humans.
"Tandem parking" means any off-street parking space(s), or arrangement of such spaces, configured in such a manner such that one (1) or more spaces is not directly accessible to a street or other approved access without traversing any portion of another space. "Temporary sign" means any non-illuminated sign which may require a sign permit and which is intended to be posted for a maximum of forty-five (45) days. Temporary signs include without limitation: political campaign signs, garage sale signs and seasonal sales signs.
"Temporary use" means a land use established for a specified period of time, which use is discontinued at the end of such specified time.
"Timeshare facility" means a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve (12) or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property.

Townhome. See "Dwelling, townhome."
"Transient basis" means for a continuous period of two (2) weeks or less. "Transitional housing" is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
"Transitional shelter" means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two (2) weeks or less.

Two (2)-Unit Attached Dwelling. See "Dwelling, two (2)-unit attached." "Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan.
"Use" or "land use" means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained.
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"Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020.

Variance. See Section 9.210.030.
"Vehicular accessway" means a private, nonexclusive vehicular easement affording access to abutting properties.
"Very low income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code.
"Veterinary clinic" means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use.

Wall Sign. See "Building-mounted sign" in sign definitions, Section 9.160.130. "Wing wall" means an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. "Yard" means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code.

Yards are classified as follows:

1. "Front yard" means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90)-degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street rightof-way or its tangent.

2. "Rear yard" means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90)-degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent.

3. "Side yard" means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety (90)-degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-ofway or its tangent. 102 Click Here to Return to Agenda
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"Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. "Zoning district" or "district" means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. "Zoning map" or "official zoning map" means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. (Ord. 577 § 1, 2019; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 538 § 1, 2016; Ord. 512 § 1, 2013; Ord. 505 § 1, 2012; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)
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City of La Quinta
CITY COUNCIL MEETING: August 2, 2022

STAFF REPORT
AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY

MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY ONLY WHEN A

PUBLIC MEETING OF THE LEGISLATIVE BODY IS HELD VIRTUALLY PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

RECOMMENDATION
Affirm Resolution No. 2021-035 findings related to the state of emergency due to COVID-19 authorizing the City Manager to implement teleconference accessibility only when a public meeting of the legislative body is held virtually pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165).

EXECUTIVE SUMMARY
 Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which waived certain provisions of the Ralph M. Brown Act (Brown Act) and authorized local agencies to hold public meetings via teleconferencing whenever a state of emergency exists that makes it unsafe to meet in person, Council must reconsider the circumstances of the state of emergency every 30 days and affirm the required findings in order to continue to allow teleconference accessibility for public meetings.  On September 28, 2021, Council adopted Resolution No. 2021-035 (Attachment 1) making the required findings under AB 361 and authorizing the City Manager to implement teleconference accessibility to conduct public meetings.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
AB 361 was signed into law by the Governor on September 16, 2021, which went into effect immediately as urgency legislation (codified under Government Code § 54953) and waived certain provisions of the Brown Act in order to allow local agencies to continue to meet remotely. Specifically, the bill allows remote teleconference flexibility, but only when there is a state of emergency that makes it unsafe to meet in person.

CONSENT CALENDAR ITEM NO. 3
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In addition, AB 361 added specific procedures and clarified the requirements for conducting remote meetings, including the opportunity for the public to provide public comment in real time; the legislative body shall take no actions during disruptions; and the legislative body, by majority vote, shall determine that meeting in person would present imminent risk to the health or safety of attendees and shall affirm these findings every 30 days, in order to continue to allow teleconference accessibility for conducting public meetings [Government Code § 54953(e)(3)]. AB 361 will sunset on January 1, 2024.

The City has implemented procedures for conducting public meetings to ensure full compliance with AB 361. In addition to the ability to attend public meetings in-person, teleconference accessibility via call-in option or an internet-based service option (via the Zoom Webinars platform) is listed on the published agenda for each meeting as well as on the City’s website. The City monitors attendance via teleconference as well as email correspondence (as published on the agenda) throughout each public meeting and provides access for public comment opportunities in real time both verbally and in writing.

On September 28, 2021, Council adopted Resolution No. 2021-035 making the initially required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19.

As noted above, Council must reconsider the state of emergency due to COVID19 every 30 days and affirm the findings under Resolution No. 2021-035. If approved, AB 361 teleconference procedures and accessibility for conducting public meetings would still be authorized, but notices of City legislative body meetings and agendas will include teleconference instructions and ability to participate by teleconference only when such AB 361 procedures are applied.

Council has affirmed the findings under Resolution No. 2021-035 as follows:
 October 19, 2021
 November 16, 2021
 December 7, 2021
 December 21, 2021
 January 18, 2022
 February 15, 2022
 March 15, 2022
 April 5, 2022
 May 3, 2022
 May 17, 2022
 June 7, 2022
 June 21, 2022
 July 19, 2022
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Council Resolution No. 2021-035
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RESOLUTION NO. 2021 - 035

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO

IMPLEMENT TELECONFERENCE ACCESSIBILITY

FOR CONDUCTING PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the City Council adopted Emergency Resolution No. EM 2020-001, proclaiming a local emergency as defined in La Quinta Municipal Code Section 2.20.020, due to the threat of the existence and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:

ATTACHMENT 1 107 Click Here to Return to Agenda
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

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 Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;
 The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;
 Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;
 Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(BG); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The City Council hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the City Council.
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Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165) Adopted: September 28, 2021

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SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards, Commissions, and Committees, City staff and consultants to meet safely in person.

SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing.

SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 28th day of September, 2021, by the following vote:

AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
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City of La Quinta
CITY COUNCIL MEETING: August 2, 2022

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS TO APPROVE 1) AMENDED AND

RESTATED RULES OF PROCEDURE FOR PUBLIC MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES OF THE CITY COUNCIL; AND 2) AMENDED AND

RESTATED RULES OF PROCEDURE FOR PUBLIC MEETINGS AND RELATED

ACTIVITIES OF CITY BOARDS, COMMISSIONS, AND COMMITTEES

RECOMMENDATION
Adopt Resolutions to approve: 1) Amended and Restated Rules of Procedure for Public Meetings and Related Functions and Activities of the City Council; and 2) Amended and Restated Rules of Procedure for Public Meetings and Related Activities for City Boards, Commissions, and Committees.

EXECUTIVE SUMMARY
 Due to changes in law, policy and/or practice, the City’s Rules of Procedure are examined and updated periodically.
 On July 19, 2022, Council reviewed the City’s Amended and Restated Rules of Procedure for Public Meetings and Related Functions and Activities of the City Council (Council Rules of Procedure) and provided direction for additional revisions.
 To ensure language alignment, the Rules of Procedure for City Boards, Commissions, and Committees (Commission Rules of Procedure), are also being amended.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
The City periodically reviews its policies and procedures to ensure compliance with state law and alignment with best practices; and Council implements revisions if necessary.

The current Council Rules of Procedure were adopted via Resolution No. 2015-023 on June 2, 2015; Commission Rules of Procedure were adopted via Resolution No. 2021-034 on September 21, 2021.

CONSENT CALENDAR ITEM NO. 4
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The proposed revisions to the Council Rules of Procedure, included as Exhibit A to the first resolution are as follows:
 Remove reference to City boards, commissions, and committees throughout the document as Council adopted separate Commission Rules of Procedure in 2021, which are also being updated.
 “Section 1.1 – Regular Meetings” has been amended to allow flexibility for the start time of the Closed Session portion of public meetings.  “Section 1.7 – Meeting Attendance via Teleconference When No State of Emergency Has Been Proclaimed by the Governor and/or Social Distancing is in Effect” has been amended to align this section with current revisions to State law (Brown Act) [Government Code section 54950 et seq.]  “Section 1.8 – Meeting Attendance and Public Participation via Teleconference When a State of Emergency Has Been Proclaimed by the Governor and/or Social Distancing is in Effect” has been added to reflect recent Brown Act allowances to hold public meetings via teleconference in accordance with Assembly Bill 361 (Stats. 2021, Ch. 165).  Former “Section 1.8 Closed Session Minutes” has been renumbered to Section 1.9 due to the addition of a Section as noted above.  In accordance with the Brown Act [Government Code section 54945.3, subdivision (b)], Council may adopt reasonable regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker.
“Section 2.5 – Public Hearings” and “Section 2.6 – Public Comment” have been amended to include the following:
 Members of the public who utilize a translator shall be provided at least twice of the allotted time to ensure non-English speakers receive the same opportunity to directly address the Council.  A one-time additional speaker time donation of three (3) minutes (or approximately 350 words) per individual is permitted as follows: 1) the member of the public donating time must submit this request in writing to the City Clerk by completing a Request to Speak form noting the name of the person time is being donated to; and 2) the member of the public donating time must be present at the time the speaker provides verbal public comments.
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 “Verbal Public Comments” are defined as comments provided in the speakers’ own voice, and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Presiding Officer.
 Public speakers may elect to use printed presentation materials to aid their comments; such printed materials shall be provided to the City Clerk to be disseminated to Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Presiding Officer.
 Additional minor language revisions throughout the document have been made to ensure clarity, and text consistency and alignment with current terms.

The proposed revisions to the Commission Rules of Procedure, included as Exhibit A to the second resolution are as follows:
 “Section 2.5 – Public Hearings” and “Section 2.6 – Public Comment” have been amended to include the same language revisions listed above for the Council Rules of Procedure.
 Additional minor language revisions in the document have been made to ensure clarity, and text consistency and alignment with current terms.

If adopted, the proposed resolutions will go into effect immediately and will supersede and replace the applicability of the current resolutions.

ALTERNATIVES
As Council provided direction for these revisions at the July 19, 2022, meeting, staff does not recommend an alternative.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
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RESOLUTION NO. 2022 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF LA QUINTA, CALIFORNIA, ADOPTING

AMENDED AND RESTATED RULES OF

PROCEDURE FOR CITY COUNCIL PUBLIC

MEETINGS AND RELATED FUNCTIONS AND

ACTIVITIES
WHEREAS, Section 2.04.040 of the La Quinta Municipal Code and California Government Code sSection 54954(a) [Brown Act] require the City Council to adopt rules of procedure to govern the conduct of its meetings and any of its other functions and activities pertaining thereto; and WHEREAS, due to changes in law, policy and/or practice, the City’s current “Rules of Procedure” are examined and updated periodically; and WHEREAS, this resolution shall supersede Council Resolution No. 2015-023, adopted on June 2, 2015, establishing the Amended and Restated Rules of Procedure for Council Meetings and Related Functions and Activities.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The Amended and Restated Rules of Procedure for City Council meetings and related functions and activities, attached hereto as “Exhibit A” and incorporated herein by reference, are hereby adopted.

SECTION 2. This Resolution supersedes City Council Resolution No. 2015-023, adopted on June 2, 2015.

SECTION 3. Corrective Amendments: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure accuracy and consistency of the text.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of , 2022, by
the following vote:

AYES:

NOES:
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ABSENT:

ABSTAIN:

______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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AMENDED AND RESTATED

RULES OF PROCEDURE

FOR COUNCIL MEETINGS

AND RELATED FUNCTIONS AND ACTIVITIES

PURPOSE
The purpose and intent of the City Council in adopting the within rules shall be to provide directory guidelines relating to the conduct of the public business by or on behalf of the City Council, and in the event of any noncompliance with or violation of any provision herein, such will not be deemed to affect the validity of any action taken, unless otherwise specifically provided by law.

The rules of procedure set herein shall be in addition to the provisions of the Ralph M. Brown Act (Brown Act) [Government Code section 54950 et seq.] and all other applicable State government codeslaw and La Quinta Municipal Code (LQMC) provisions. In the event of a conflict between the rules set by the City Council in this Resolution and State lawCalifornia Code, the provisions in State lawof California State Code shall prevail.

APPLICABILITY
Unless otherwise provided by resolution of the City Council, a city authority, or city agency, the rules of procedure outlined below apply to allthe following cityestablished entities including, but not limited to the following:

La Quinta City Council
La Quinta Housing Authority
La Quinta Financing Authority
Successor Agency to the La Quinta Redevelopment Agency
All City Boards, Commissions, and Committees

MEETINGS

1.1 REGULAR MEETINGS:

The City Council of the City of La Quinta shall hold regular meetings in the place specified in the Municipal Code, on the first and third Tuesdays of each month.

The open session portion of regular meetings shall begin at 4:00 p.m. The Cclosed Ssession portion of regular meetings, if needed, may begin between 32:00 p.m. and 4:00 p.m., or may be scheduled any time before meeting adjournment in accordance with a duly noticed agenda. The public hearing portion of the meeting shall be the time set forth in the published public hearing

EXHIBIT A
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notice, or if none is required, the time set forth in the posted agenda.

When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on that day; rather, such meeting shall be held at the same hour on the next business day unless otherwise determined by the City Council.

1.2 ADJOURNED MEETINGS:

Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.

1.3 SPECIAL MEETINGS:

Special Meetings may be called by the Mayor or majority of Councilmembers on 24-hour notice, as set forth in Government Code sections 3511.1(d), 36807 and 54956, subdivisions (a), (b), and (c). To avoid a series of communications by a majority of members in contravention to Government Code section 54952.2(b), any member other than the Mayor seeking to call a special meeting shall deliver, individually and separately from other members, a request to call a special meeting, and any matter(s) to be considered therein, to the City Manager and City Clerk. If a request to call a special meeting is received by the City Manager and City Clerk by a majority of members, other than the Mayor, prior to the next regular meeting, the City Manager and City Clerk shall reschedule and call for the special meeting pursuant to the Brown Act and these Rules of Procedure.

Only matters contained in the notice may be considered and no ordinances (other than urgency ordinances) may be adopted, nor may matters concerning the salaries, salary schedules, stipend, bonus or compensation paid in the form of fringe benefits, of the City Manager, any Department head, or any employee whose position is held by an employment contract, be acted upon. Notice of special meetings shall be posted in accordance with Section 1.4 below.

1.4 NOTICE OF MEETINGS. POSTING OF AGENDAS:

The City Clerk, or designee, shall post a meeting agenda in the following locations at least 72 hours before each regular meeting of the City Council:
(1) The public bulletin board located outside the Village Post Office at 51321 Avenida Bermudas;
(2) The public bulletin board located outside the Stater Bros.

Supermarket at 78630 Highway 111;
(3) The public bulletin board located outside La Quinta City Hall at 78495 Calle Tampico; and
(4) The City’s internet web site.
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The City Council finds and determines that all locations are freely accessible to the public and the Council further finds and determines that the City is legally required to post an agenda in only one freely accessible location and on the City’s web site. This direction to post in all locations is directory only and not mandatory. Other locations may be added as deemed appropriate. Following posting of said agenda, the City Clerk or designee, shall sign a declaration of the date and place of the posting of the said agenda and shall retain said declaration of posting as a public record as part of the Council meeting record to which the posting relates. The provisions of this section as to place of posting and declaration of posting shall also apply to the special meeting posting requirements pursuant to the Brown Actof [Government Code section 54956].

To the extent not required by State law, the provisions hereof are directory only.

1.5 QUORUM:

Unless otherwise provided for in the Municipal Code, a majority of the Council shall be sufficient to do business and motions may be passed 2-1 if only three (3) members attend.

The following matters, however, require three (3) affirmative votes:
(a) Adoption of resolutions;
(b) Orders for payment of money;
(c) Adoption or amendment of a specific or general plan; and (d) Any other requirement in applicable State law that requires at least a simple majority vote of the entire legislative body.

If a majority of the Council shall be disqualified to vote on a matter by reason of actual or apparent conflict of interest, the Council shall select by lot or other means of random selection, or by such other impartial and equitable means as the Council shall determine, that requisite number of its disqualified members which, when added to the members eligible to vote, shall constitute a quorum.

1.6 MEETINGS TO BE PUBLIC:

Study Sessions and all regular, adjourned or special meetings of the City Council shall be open to the public, provided, however, the Council may hold closed sessions from which the public may be excluded, which closed sessions shall only be held in accordance with the provisions of the Brown Act.

1.7 MEETING ATTENDANCE VIA TELECONFERENCE WHEN NO STATE

OF EMERGENCY HAS BEEN PROCLAIMED BY THE GOVERNOR
AND/OR SOCIAL DISTANCING IS IN EFFECT:
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(a) The use of teleconferencing for a Councilmember to attend a City Council meeting is permitted subject to compliance with the provisions of the Brown Act [Government Code Ssection 54953, as amended].
(b) All provisions of the Ralph M. Brown Act shall apply to the teleconferenced meeting location including agenda posting, public accessibility, Americans with Disabilities Act compliance, opportunity for the public to address Council directly, and availability of agendas.
(c) All votes taken during a teleconferenced meeting shall be by roll call. (d) So that the City Clerk may comply with the Ralph M. Brown Act, one week advance written notice to the City Clerk must be given by the Councilmember of the City Council who wishes to attend via teleconference; the notice must include the location name and address, which must specifically include the room/suite number or other reasonably detailed description, at which the teleconferenced meeting will occur, who is to initiate the telephone call to establish the teleconference connection, and the telephone number of the teleconference location (the telephone number will not be made public). If the teleconference is to be conducted via video/audio teleconference, the City Clerk shall provide and publish a teleconference link that the member must connect to in order to attend the meeting.
(e) The Councilmember attending by teleconference shall:
(1) Provide the City Clerk with a photograph showing the agenda posted at the teleconference location, or a written statement that the agenda has been posted, which the City Clerk shall retain with the original agenda packet materials; and
(2) Identify himself/herself/themselves and acknowledge whether or not members of the public are in attendance at the teleconference location.
(f) Only one Councilmember per meeting may attend by teleconferencing. (g) Each Councilmember may attend a regular City Council meeting via teleconference a maximum of twice per calendar year.
(h) Upon receipt of notification of intent to attend via teleconference from one Councilmember, the City Clerk shall forward the notice to all Councilmembersthe City Council.

1.8 MEETING ATTENDANCE AND PUBLIC PARTICIPATION VIA
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TELECONFERENCE WHEN A STATE OF EMERGENCY HAS BEEN

PROCLAIMED BY THE GOVERNOR AND/OR SOCIAL DISTANCING
IS IN EFFECT:

During a period when the Governor of California has proclaimed a “state of emergency” or state or local officials have imposed or recommended measures to promote social distancing, and the City Council by majority vote has made the findings in support of modified teleconferencing procedures pursuant to the Brown Act [Government Code section 54953(e)(3), or successor provision if effective on or after January 1, 2024], then Section 1.7 of these Rules of Procedure shall not apply, and the criteria set forth in the Brown Act shall apply to City Council meetings.

1.81.9 CLOSED SESSION MINUTES
Pursuant to the Brown Act [Government Code Ssection 54957.2] of the California Government Code, the City Clerk of the City of La Quinta may be required to attend Cclosed Ssession of the City Council, and keep and enter in a minute book a record of topics discussed and decisions made at each meeting.

Closed Session minutes, if produced, shall not be a public record subject to inspection pursuant to the California Public Records Act [Government Code section 6250 et seq.], and shall be kept confidential pursuant to the Brown ActGovernment Code.

2. AGENDA

2.1 ORDER OF BUSINESS:

Except as otherwise provided by law, no action or discussion shall be undertaken on any item not appearing on the posted agenda, except that Councilmembers of Council or staff may, on their own initiative or in response to public comments, briefly respond to statements made or questions posed during the public comment period, ask questions for clarification, make a brief announcement, make a brief report on theirhis/her own activities, provide a reference to staff, request staff to report back to the Council at a subsequent meeting, or take action to direct staff to place a matter on a future agenda pursuant to Section 2.9 of these Rules of Procedure, listed below.

The order of business of each meeting shall be as contained in the Agenda prepared by the City Clerk and shall contain the following category headings:
 Call to Order
 Roll Call
 *Public Comments on Matters Not on the Agenda (place before Closed Session)
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 Closed Session (may be taken up before, after or during breaks in the open portion of the meeting)
 *Pledge of Allegiance
 *Public Comments on Matters Not on the Agenda
 Confirmation of Agenda
 *Announcements, Presentations, and Written Communications  Consent Calendar (will include Minutes)
 Business Session
 *Study Session
 *Departmental Reports
 *Reports and Informational Items
 *Mayor and Councilmembers’ Items
 *Public Comment (only needed if there is a Public Hearing(s) on the agenda)
 *Presentations (only needed if there is a late presentation item)  Public Hearings
 Adjournment
The Presiding Officer may change the order of business to accommodate participants, the City Council, staff, or consultants; expedite the meeting; or meet public hearing notice times.
* These portions of the agenda shall be used for discussion and direction to staff; no formal actions are to be taken.

2.2 DELIVERY OF AGENDA:

Barring insurmountable difficulties, the agenda packet shall ordinarily be delivered to the City Council each Thursday preceding the Tuesday meeting to which it pertains.

The agenda packet shall also be available to the public at the time it is delivered to the City Council.

2.3 ROLL CALL:

Before proceeding with the business of the Council, the City Clerk shall call the roll of the City Council and the names of those present shall be entered in the minutes. The order of roll call shall be alphabetical with the Mayor called last.

2.4 APPROVAL OF MINUTES:

Action minutes shall be prepared after every meeting. Unless requested by a majority of the City Council, minutes of the previous meeting may be approved as a Consent Calendar item without public reading if the City Clerk has 122 Click Here to Return to Agenda
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previously furnished each Councilmember with a copy thereof.

2.5 PUBLIC HEARINGS:

Generally, public hearings shall be conducted in the following order:
 Staff presentation of the staff report and related materials  Questions of Staff by Council
 Public hearing opened by Presiding Officer
 Public testimony
 Public hearing closed by Presiding Officer
 Questions by Council
 Discussion by Council
 Action by Council
Questions or comments from the public shall be limited to the subject under consideration.

In accordance with the Brown Act [Government Code section 54954.3, subdivision (b)], Council may adopt reasonable regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker. Depending upon the extent of the agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than three (3) minutes per individual (or approximately 350 words).

A one-time additional speaker time donation of three (3) minutes (or approximately 350 words) per individual is permitted as follows: 1) the member of the public donating time must submit this in writing to the City Clerk by completing a Request to Speak form noting the name of the person time is being donated to; and 2) the member of the public donating time must be present at the time the speaker provides verbal public comments.

Members of the public who utilize a translator shall be provided at least twice of the allotted time to ensure non-English speakers receive the same opportunity to directly address the Council.
“Verbal Public Comments” are defined as comments provided in the speakers’ own voice, and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Presiding Officer.

Public speakers may elect to use printed presentation materials to aid their comments; such printed materials shall be provided to the City Clerk to be disseminated to Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to 123 Click Here to Return to Agenda
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the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Presiding Officer.Any person may speak for a longer period of time, upon approval of the City Council, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.

Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the City Attorney shall advise the City Council in this regard.

2.6 PUBLIC COMMENT:

Pursuant to the Brown Act [Government Code section 54954.3], each agenda for a regular meeting shall provide an item entitled "Public Comment". The purpose of such item shall be to provide an opportunity for members of the public to directly address the City Council on items of interest to the public that are within the subject matter jurisdiction of the City Council. In order to assure that the intent of the Brown ActGovernment Code 54954.3 is carried out, three (3) minutes (or approximately 350 words) is the amount of time allocated for each individual speaker. At any time, before or after the oral communication is commenced, the Presiding Officer may, if s/he deemeds it preferable, direct that the communication be made instead either to the City Manager or other appropriate staff member during regular business hours, or in writing for subsequent submittal to Councilmembers.

Members of the public who utilize a translator shall be provided at least twice of the allotted time to ensure non-English speakers receive the same opportunity to directly address the Council.
“Verbal Public Comments” are defined as comments provided in the speakers’ own voice, and may not include video or sound recordings of the speaker or of other individual or entities, unless permitted by the Presiding Officer.

Public speakers may elect to use printed presentation materials to aid their comments; such printed materials shall be provided to the City Clerk to be disseminated to Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and 124 Click Here to Return to Agenda
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technology to display visual or audible presentations during public comments, unless permitted by the Presiding Officer.

On items of public comment or discussion, any matter raised by the public which does not specifically appear on the agenda may be added to a future agenda in accordance with Section 2.9 of these Rules of Procedure, listed below. It is hereby determined that such requests or direction by a Councilmember of Council shall not be considered action taken by the Council on said item raised by the public. Further, Council discussion of the matter shall not be considered action taken.

2.7 CONSENT AGENDA:

Items of routine nature, and non-controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion with majority voteupon unanimous consent. Any Councilmember of Council may request that any item be withdrawn from the consent agenda for separate consideration.

2.8 MAYOR AND COUNCILMEMBER ITEMS:

The Mayor and CouncilmMembers of Council shall provide brief reports on meetings attended at the expense of the local agency at the next regular meeting of the Council.

2.9 ADDING ITEMS TO A FUTURE AGENDA:

An item may be placed on a future agenda by any of the following methods:
(a) Items for discussion only, no action, no staff report – a Councilmember may request that a matter requiring significant discussion be placed on a future agenda under the “Mayor and Councilmembers’ Items” section of the agenda either during a Council meeting or by contacting the City Manager with the item title and desired meeting date. At tThe requesting Councilmember’s has the option to, s/he may prepare a short report to be included in the agenda packet provided s/he meets the agenda production deadlines are met.
(b) Items for discussion and/or vote requiring a staff report - a Councilmember who wishes to place a matter on a future agenda that requires staff research, analysis and/or report(s) or a vote to commit City resources shall first bring the matter to Council as noted in (a) above and obtain Council consensus to direct staff to move forward and place the item on a future agenda. Council shall not take action on the matter itself.
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3. PRESIDING OFFICER

3.1 PRESIDING OFFICER:

The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and the Mayor Pro Tempore, the senior Councilmember shall preside. If there are two Councilmembers with equal seniority, then the one who received the highest number of votes in the election shall be the Presiding Officer.

3.2 MAYOR PRO TEMPORE:

In accordance with Government Code sSection 36801, the Council shall choose one of its members as Mayor Pro Tempore at the meeting at which the declaration of the election results for a general municipal election is made.

During odd numbered years, the Council shall choose one of its members as Mayor Pro Tempore during a regular meeting in the last calendar quarter of the year. Each selection shall be by three (3) or more affirmative votes, and a failure to achieve such total of affirmative votes, shall be deemed a selection of the incumbent to remain in office. Each person so selected shall serve until a successor is chosen (at any time) by three (3) or more affirmative votes.

3.3 CALL TO ORDER:

The meeting of the City Council shall be called to order by the Presiding Officer.

3.4 PARTICIPATION OF PRESIDING OFFICER:

The Presiding Officer may move, second, and debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers of the City Council., and he/she/them The Presiding Officer shall not be deprived of any of the rights and privileges of a Councilmember of the City Council by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If s/he the Presiding Officer desires to personally engage in extended debate on questions before the Council, s/hethe Presiding Officer should consider turning the Chair over to the Mayor Pro Tempore.

3.5 QUESTION TO BE STATED:

The Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, either the Presiding Officer or the City 126 Click Here to Return to Agenda
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Clerk shall verbally announce the result in accordance with Section 7.1 below.

The Presiding Officer may publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business.

3.6 SIGNING OF ORDINANCES AND RESOLUTIONS:

The Presiding Officer shall sign ordinances and resolutions adopted by the City Council. The City Clerk, or Deputy City Clerk, shall attest to the signature of the Presiding Officer.

3.7 MAINTENANCE OF ORDER:

The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer.

3.8 CITY CLERK POSITION:

In accordance with Government Code sSection 36804, if the City Clerk is absent, the Deputy City Clerk shall act. If there is none, the Presiding Officer shall appoint one of the Councilmembersa City staff member to act as City Clerk Pro Tempore.

4. RULES, DECORUM, AND ORDER

4.1 POINTS OF ORDER:

The Presiding Officer, with the advice of the City Manager and City Attorney, shall determine all Points of Order, which shall generally be governed by Robert’s Rules of Order, if not otherwise governed by these Rules of Procedure.

The Presiding Officer’s ruling shall be subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be, "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

4.2 DECORUM AND ORDER - COUNCIL MEMBERS:
(a) Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, shall confine him/herself to the question under debate.
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questions from another Councilmember.
(c) Any Councilmember called to order while s/he is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, s/the member shall be permitted to proceed. If ruled to be not in order, s/he the member shall remain silent or shall alter his/her/their remarks so as to comply with rules of the Council.
(d) CouncilmMembers shall accord the utmost courtesy to each other, to city employees, and to the public appearing before the Council and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments, and statements as to motives and personalities. (e) Any Councilmember may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require the Presiding Officer to so act.
(f) Except where specifically authorized by City Council action or for purely ceremonial purposes, no Councilmember of the City Council attending a City board, commission, or committee meeting shall make any statement or give the appearance or indicate in any way that s/he/she/they is representing the City. When making a comment at such a meeting, the Councilmember should make it clear that s/he/she/they is speaking solely as an individual. Unless officially appointed to participate on a committee, Councilmembers should make an effort not to insert themselves into or take positions on matters which will or are likely to be the subject of public hearings or will be decided upon by the City Council after considering the entire issue.

4.3 DECORUM AND ORDER - EMPLOYEES:

City Eemployees and Ccontractors shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall ensure that all City employees observe such decorum. Any staff members, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to any one individual Councilmember or member of Council or the public.

4.4 DECORUM AND ORDER - PUBLIC:

Members of the public attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant-of-arms is so directed by the Presiding Officer, and such person 128 Click Here to Return to Agenda
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may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, who may direct the sergeantof-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer.

4.5 ENFORCEMENT OF DECORUM:

The head of the City's police agency or designee shall be ex-officio sergeant-ofarms of the Council. S/The sergeant-of-arms shall carry out all orders and instructions given by the Presiding Officer for the purpose of maintaining order and decorum during a public meetingin the Council Chambers. Upon instructions from the Presiding Officer, it shall be the duty of the sergeant-ofarms or his/her/their representative to eject any person from the Council Chambers or place him/herany person under arrest or both.

As set forth in the Brown Act [Government Code Ssection 54957.9], in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the members of the Council may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the Council from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

4.6 PERSONAL PRIVILEGE:

The right of a member to interrupt a meeting and address the Council on a question of personal privilege shall be limited to cases in which his/her/their integrity, character, or motives are assailed, questioned, or impugned.

4.7 CONFLICT OF INTEREST:

All Councilmembers of the City Council are subject to the provisions of California State Llaw, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to conflicts of interest codes adopted by the Council. Any Councilmember disqualified from voting because of a conflict of interest shall do all of the following:
(1) Publicly identify the financial interest in detail sufficient to be understood by the public;
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(2) Recuse himself/herself/themselves from discussing and voting on the matter; and
(3) Leave the dais until after the discussion, vote, and any other disposition of the matter is concluded, unless the matter has been placed on the Consent Calendar.

Any Councilmember disqualified from voting due to a conflict of interest may speak on the issue during the time that the general public speaks on the issue from the public podium [Government Code section 87105(a)]. The member shall be marked absent from the vote for the item on the minutes, unless the item is on the Consent Calendar, in which case, the member will be marked as having abstained.

4.8 LIMITATION OF DEBATE:

Any members should speak only once upon any one subject until every other member choosing to speak thereon has spoken. No member shall speak for a longer time than five (5) minutes each time s/the member has the floor, without approval of a majority vote of the Council.

4.9 DISSENTS AND PROTESTS:

Any member shall have the right to express dissent from or protest to any action of the Council and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reason . . .”

4.10 PROCEDURES IN ABSENCE OF RULES:

In the absence of a rule herein to govern a point or procedure, Robert's Rules of Order, Newly Revised, shall be used as a guide.

4.11 RULINGS OF PRESIDING OFFICER FINAL UNLESS OVERRULED:

In presiding over Council meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Councilmembers of the City Council present and voting.

5. ADDRESSING THE COUNCIL

5.1 MANNER OF ADDRESSING THE COUNCIL:
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Any member of the public desiring to address the Council (“public speaker”) shall proceed to the podium and wait to be recognized by the Presiding Officer.

After being recognized, s/the public speaker shall state his/her/their name and/or the party s/he/she/they is/are representing (unless otherwise determined by the city attorney to be unnecessary), the subject s/the public speaker wishes to discuss, and city of residence.

All remarks and questions shall be addressed to the Presiding Officer and not to any individual Councilmember of the City Council, staff member, or other person. The Presiding Officer shall be addressed at all times as Madam/Mister [title], e.g. Madam Mayor, Mr. Mayor Pro Tem. CouncilmMembers of the City Council shall be addressed as Councilmember [last name]. The Council as a body shall be addressed: Madam/Mister Mayor and Members of the City Council.

The Presiding Officer shall not permit any communication, oral or written, to be made or read where it is not within the subject matter jurisdiction of the City Council. During a public hearing, all remarks shall be limited to the subject under consideration. No person shall enter into any discussion without being recognized by the Presiding Officer.

5.2 TIME LIMITATION:

For time limitation applicable to public hearings and public comment, see Sections 2.5 and 2.6 of these Rules of Procedure.

5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:

After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission by a majority vote of the Council.

5.4 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:

No person except City Officials shall be permitted behind the City Council dais without permission or consent of the Presiding Officer.

6. MOTIONS

6.1 PROCESSING OF MOTIONS:

When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it.
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6.2 MOTIONS OUT OF ORDER:

The Presiding Officer may at any time, by majority consent of the Council, permit a Councilmember to introduce an ordinance, resolution, or motion out of the regular agenda order.

6.3 DIVISION OF QUESTION:

If the question contains two or more divisional propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same.

6.4 PROCEDURE OF MOTIONS:

When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order:
(a) Adjourn
(b) Fix hour of adjournment
(c) Table
(d) Limit or terminate discussion
(e) Amend
(f) Postpone

6.5 MOTION TO ADJOURN: (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
(a) When repeated without intervening business or discussion. (b) When made as an interruption of a member while speaking. (c) When discussion has been ended, and vote on motion is pending. (d) While a vote is being taken.

6.6 MOTION TO FIX HOUR OF ADJOURNMENT:

Such a motion shall be to set a definite time at which to adjourn and shall be debatable and shall be amendable by unanimous vote.

6.7 MOTION TO TABLE:

A motion to table shall be used to temporarily by-pass the subject. A motion to table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting.

6.8 MOTION TO LIMIT OR TERMINATE DISCUSSION:
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Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion.

6.9 MOTION TO AMEND:

A motion to amend shall be discussed only as to the amendment. A motion to amend an amendment is possible but no additional motions to further amendments may be made. Any amendment shall relate to the original motion and not introduce a different matter. Amendments shall be voted first, then the main motion as amended. Alternatively, the original maker of the main motion may agree to revise the original motion and if the second agrees to second the revised motion, the Council may vote on the main motion as revised.

VOTING PROCEDURE

7.1 VOTING PROCEDURE:

In acting upon every motion, the vote shall be taken by electronic voting and the Presiding Officer or the City Clerk shall verbally announce:
(1) Whether the question carried or was defeated;
(2) The vote tally; and
(3) The vote of each Member.

In the event the electronic voting machine is not functioning, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The order of voting shall be alphabetical with the Mayor voting last.

The City Clerk shall call the names of all members seated when a roll call vote is ordered or required. Members shall respond 'aye', 'no' or 'abstain'.

Every ordinance and resolution, orders for franchises or payments of money, or adoption or amendment of a specific or general plan require three (3) affirmative votes. Any member may change his/her/their vote before the next order of business.

7.2 ABSTENTIONS AND FAILURE TO VOTE:

A Councilmember who abstains due to reasons of conflict shall, for purpose of the item under consideration, be considered as if absent.

A Councilmember abstaining for reasons other than conflict shall be counted as present for purposes of a quorum and such abstentions are counted with the majority.
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A Councilmember who leaves the dais solely to avoid participating in a specific item shall, in absence of a conflict, be counted as if they were present but abstaining, and such abstentions are also counted with the majority as noted above.

7.3 RECONSIDERATION:

Any Councilmember who voted with the majority may move a reconsideration of any action at the same meeting or, within seven (7) calendar days, request in writing to the City Manager or City Clerk that it be agendized for consideration at the following meeting. If the seventh 7th calendar day falls on a holiday, then the deadline shall be the next business day. In the event that the subject of the reconsideration is a motion that failed as the result of a tie vote, any Councilmember who voted against the earlier motion may move for reconsideration within the same seven (7) calendar day period. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting that meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Council.

7.4 TIE VOTES:

Tie votes shall be lost motions unless an additional motion is made which obtains a majority vote to break the tie. When all Councilmembers of the Council are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal. If a tie vote results at a time when less than all members of the Council are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Council, unless otherwise ordered by the Council. Notwithstanding the above, if a tie vote results at a time when one or more Councilmember(s) are abstaining for reasons other than conflict of interest then, in that instance, the abstention vote shall be counted in favor of the motion thereby breaking the tie vote.

8. RESOLUTIONS

8.1 DEFINITIONS:

As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of public conduct for long-term application) are taken by ordinance, whereas more routine business and administrative matters (usually more temporary and transitory in nature) are accomplished by "the adoption of resolutions". The term "resolution" in its general sense will denote any action taken affirmatively via a vote of the Council, other than one taken by ordinance. 134 Click Here to Return to Agenda
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La Quinta City CouncilAugust 2, 2022

La Quinta City Council
August 2, 2022