Chapter 9.10 — GENERAL PROVISIONS

9.10.010 - Title and authority.

A.

Title. This title shall be known as the "city of La Quinta zoning code" or "zoning code." The term "code" shall also mean this title unless clearly indicated otherwise by the context.

B.

Authority and Purpose. This zoning code is adopted for the purpose of promoting the public health, safety and general welfare pursuant to Section 5 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code Section 65000 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and other applicable state laws.

C.

Objectives. This zoning code is intended to achieve the following objectives:

1.

To implement the city's general plan.

2.

To classify and designate different land uses and structures in appropriate places as designated in the general plan, and to regulate such land uses and structures in order to serve the needs of residential neighborhoods, commerce, recreation, open space and other purposes.

3.

To provide a guide for the development and use of land in the city as required by the State Government Code.

To secure for the residents of the city the social and economic advantages resulting from the planned and orderly use of its land resources.

5.

To establish conditions which allow the various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them from harmful intrusion.

6.

To prevent undue intensity of land use or development, to avoid population overcrowding, to maintain a suitable balance between developed land and open space, and to protect the natural beauty of the city.

7.

To ensure that adequate off-street parking and loading facilities are provided and maintained for all land uses.

8.

To provide land zoned for schools, parks and other public facilities.

9.

To ensure the provision of affordable housing opportunities.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

9.10.020 - Applicability of code.

A.

Compliance Required. No uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformity with this code.

B.

Applicability. This code shall apply to all land within the city.

C.

Limitations on Validity of Permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this code. The issuance of such a permit shall not prevent the city from thereafter requiring the correction of violations of this code or of any other ordinance of the city.

D.

Conflict with Other Regulations. Whenever any provision of this code and other city regulations impose overlapping or contradictory requirements, that provision which is more restrictive or imposes a higher standard shall control except as otherwise expressly provided in this code. Nothing contained in this code shall be deemed to repeal or amend any regulation of the city requiring a permit or license, nor shall any provision of this code be deemed to repeal or amend the city's building regulations.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Development Agreements. Notwithstanding any provision of this zoning code, any development agreement which is valid as of the effective date of the ordinance codified in this code shall remain in full force and effect until expiration of said agreement. For the purposes of the specific project approved in such a development agreement, permitted land uses, development standards, and other zoning provisions specified in the development agreement shall supersede the provisions of this code.

B.

Approved Development Projects and Permits. Any specific plan, site development permit, grading permit, building permit, or similar entitlement which was issued pursuant to earlier ordinances of the city which is in conflict with this code may nevertheless by continued and the specific construction authorized under the permit may be completed in accordance with the provisions of the permit approval provided the construction complies with all other laws and regulations in effect at the time of the permit approval. However, any project or permit requiring a time extension per Section 9.200.080 shall conform to the requirements and standards in effect at the time the extension is granted.

C.

Approved Subdivision Maps. Any tentative tract or parcel map which was approved pursuant to earlier ordinances of the city and which is in conflict with this code may nevertheless be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time therefor and provided it complies with all other laws and regulations in effect at the time of its approval. Final tract and parcel maps shall be consistent with approved tentative tract or parcel maps and any applicable conditions of approval.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

The general plan establishes a range of development intensities, composed of densities, unit counts, floor area ratios, or similar measures, for each land area in the city. This zoning code and the city's individual project approvals provide development standards, plans and other factors which shall determine the exact development intensity of each project within the foregoing general plan range. The city reserves the right to limit projects to intensities below the general plan's upper limits.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Consistent with Section 65100 et seq. of the State Government Code, the city's planning agency shall consist of the city council, the planning commission and the planning division.

(Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

Interpretations of the provisions of this zoning code shall be made by the director. Such interpretations may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this code:

1.

The specific shall supersede the general.

2.

The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making body.

3.

In the case of any difference of meanings or implication between the text regarding a provision of the code and any title, heading, caption or illustration, the text shall control.

4.

Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular.

5.

Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows:

a.

"And" indicates that all connected items or provisions shall apply.

b.

"Or" indicates that the connected items or provisions may apply singly or in any combination.

c.

"Either...or" indicates that the connected items or provisions shall apply, but not in combination.

6.

Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city of La Quinta.

"Director" means the city manager or designee.

B.

Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday or a legal city holiday, in which case the next business day shall be the last day of the time period.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

Chapter 9.20 - ZONING DISTRICTS

The city is divided into the following zoning districts which are consistent with and implement the general plan:

1.

RVL Very Low Density Residential District

2.

RL Low Density Residential District

3.

RC Cove Residential District

4.

RM Medium Density Residential District

5.

RMH Medium High Density Residential District

6.

RH High Density Residential District

7.

VC Village Commercial District

8.

CR Regional Commercial District

9.

CP Commercial Park District

CC Community Commercial District

11.

CN Neighborhood Commercial District

12.

CT Tourist Commercial District

13.

CO Office Commercial District

MC Major Community Facilities District

15.

PR Parks and Recreation District

GC Golf Course District

17.

OS Open Space District

18.

FP Floodplain District

19.

HC Hillside Conservation Overlay District

20.

SOB Sexually Oriented Business Overlay District

21.

EOD Equestrian Overlay District

22.

AHO Affordable Housing Overlay District

23.

MU Mixed Use Overlay District

(Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 466 § 1, 2009; Ord. 284 § 1, 1996)

9.20.020 - Official zoning map.

A.

Adoption of Map. The boundaries of the zoning districts established in this zoning code shall be shown on that map entitled "City of La Quinta Official Zoning Map" on file with the director and available for public examination and purchase.

B.

Interpretation of District Boundaries. Where uncertainty exists regarding the precise boundaries of districts on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of-way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-ofway lines.

2.

Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines.

3.

Boundaries indicated as parallel to or extensions of the lines described in subsections (B)(1) and (2) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

4.

Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of-way.

5.

Where lot line adjustments between two (2) existing parcels, one (1) within a residential district and the other within a Golf Course district, result in a larger residential district parcel, a zone change is not required when the proposed increase in the residential district parcel size resulting from the lot line adjustment is less than twenty percent (20%). The residential district regulations governing the existing residential parcel are applied to the added parcel area resulting from the approved lot line adjustment between two (2) parcels.

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Areas with adjacent residential and golf course districts

6.

In cases where uncertainty exists after application of rules in subsections (B)(1) through (4) of this section, the director shall determine the district boundaries.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Purpose. In some cases, the city may determine that alternate development standards are required for a particular geographic area other than those set forth in applicable sections of this code with regard to minimum lot size, setbacks, lot frontage and maximum building height because the normal standards may not be appropriate for one (1) or more of the following reasons:

1.

Unusual topography or other natural features within the area.

2.

The need to mitigate development impacts on vulnerable surrounding land uses.

3.

The need to ensure adherence to a key general plan goal, objective or policy.

Other factors affecting the subject area not generally prevalent in the city.

B.

Use of Special Symbols. The city may establish alternate development standards for a particular geographic area than those set forth for the zoning district covering the area by means of special zoning symbols. Such alternate development standards shall supersede those in Chapters 9.50, 9.65, 9.90 and 9.130 and shall be specified by means of one (1) or more of the following symbols on the official zoning map:

1.

Lot Size. A number following the district designation and connected by a hyphen shall designate the minimum lot size. Where the number is greater than one hundred (100), it shall indicate the minimum size in square feet; where the number is less than one hundred (100), it shall indicate the minimum size in acres.

Example: RM-500 or RL-2

2.

Setbacks. A number following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: front/side/rear.

Example: RM (20/5/25)

3.

Height, Number of Stories, and Setback. A number shown below and separated by a line from the district designation shall designate the maximum height of building or structures in feet, the maximum number of stories, and rear yard setback. Height shall be given first followed by a slash (/) and number of stories and another slash (/) and rear yard setback.

Example: RM (28/2/10)

4.

Lot Frontage. A number preceding and connected to the district designation by a hyphen shall designate the minimum lot frontage in feet.

Example: 100-RL

5.

Symbols Combined. The preceding symbols may be used in any combination to show minimum lot size, setbacks, frontage, and maximum height.

Example: 100-RL-2 (20/5/25) ÷ 28/2

C.

Location of Zoning Districts Utilizing Special Symbols. Special symbol districts located within the city of La Quinta shall be clearly identified on the official zoning map and referenced in Section 9.50.030, Table of development standards.

(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 434 § 1, 2007; Ord. 284 § 1, 1996)

A.

Director's Authority. Because not every possible land use can be identified in this zoning code and because new land uses evolve over time, this section establishes the director's authority to determine if unlisted uses shall be permitted in a zoning district. In order to determine that a use is permitted as a principal, conditional or accessory use, the director shall make all of the following findings:

1.

The proposed use is consistent with the goals and policies of the general plan.

2.

The proposed use is compatible with the purpose and intent of the district in which it is to be located.

3.

The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use.

B.

Referral to Planning Commission. Any determination on a proposed unlisted use may be referred to the planning commission as a nonhearing item if the director determines on a case-by-case basis that the public interest would be better served by such referral.

C.

Appeals. Any determination on an unlisted land use may be appealed in accordance with Section 9.200.110. Determinations by the director may be appealed to the planning commission and determinations by the planning commission may be appealed to the city council.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

9.20.050 - Medical marijuana dispensaries.

A.

Medical marijuana dispensaries are a prohibited use in all zones.

B.

Definitions. See Chapter 9.280.

(Ord. 550 § 1, 2016; Ord. 439 § 1, 2007)

Chapter 9.30 - RESIDENTIAL DISTRICTS

9.30.010 - Summary of district regulations.

A.

Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district.

B.

Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this chapter and set forth in more detail in Chapter 9.50.

C.

Supplemental Regulations. Sections containing supplemental regulations applicable to residential uses are as follows:

9.60.040 Patio covers, decks and play equipment

9.60.045 Barbeques, waterfalls, fountains, fireplaces and similar structures

9.60.050 Storage and other accessory buildings

9.60.060 Garages and carports

9.60.070 Swimming pools

9.60.075 Ground mounted mechanical equipment

9.60.080 Satellite dish and other antennas

9.60.110 Home occupations

9.60.115 Cottage food operations

9.60.120 Pets and other animals

9.60.130 Recreational vehicle parking

9.60.150 Tennis and other game courts

9.60.160 Outdoor lighting

9.60.180 Manufactured housing and mobile homes

9.60.190 Child daycare facilities

9.60.200 Temporary construction and guard offices

9.60.210 Trash and recyclable materials storage

9.60.230 Landscaping and open area

9.60.240 Model home complexes

9.60.260 Density bonuses for affordable housing

9.60.270 Bed and breakfast regulations

9.60.280 Timeshare regulations

9.60.290 Compatibility review for partially developed subdivisions

9.60.300 Restrictions on multistory buildings at project boundaries

9.60.330 Planned unit development standards

D.

Definitions. See Chapter 9.280.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.020 - RVL Very Low Density Residential District.

A.

Purpose. To provide for the development and preservation of very low density neighborhoods (zero (0) to two (2) units per acre, except as provided in Section 9.40.020, "Conditions for varying residential densities") with one (1)and two (2)-story single-family detached dwellings on large lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one (1)- and two (2)-story single-family attached, townhome or condominium dwellings, with generous open space.

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

Chapter 9.50 contains additional details and illustrations regarding development standards.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.030 - RL Low Density Residential District.

A.

Purpose. To provide for the development and preservation of low density neighborhoods (two (2) to four (4) units per acre, except as provided in Section 9.40.020, "Conditions for varying residential densities") with one (1)- and two (2)-story single-family detached dwellings on large or medium size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one (1)- and two (2)-story single-family attached, townhome or condominium dwellings, with generous open space.

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

(Ord. 550 § 1, 2016; Ord. 440 § 1, 2007; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.040 - RC Cove Residential District.

A.

Purpose. To provide for the development and preservation of the medium density "cove" residential area with one (1)-story single-family detached dwellings on medium size lots, except as provided in Section 9.40.020, "Conditions for varying residential densities."

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.050 - RM Medium Density Residential District.

A.

Purpose. To provide for the development and preservation of medium density neighborhoods (four (4) to eight (8) units per acre, except as provided in Section 9.40.020, "Conditions for varying residential densities") with single-

family detached dwellings on medium and small size lots and/or, subject to a specific plan, projects with clustered smaller dwellings, such as one (1)- and two (2)-story single-family attached, townhome or multifamily dwellings, with open space.

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

Chapter 9.50 contains additional details and illustrations regarding development standards.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.060 - RMH Medium High Density Residential District.

A.

Purpose. To provide for the development and preservation of medium-high density neighborhoods (eight (8) to twelve (12) units per acre, except as provided in Section 9.40.020, "Conditions for varying residential densities") with one (1)- and two (2)-story single-family detached dwellings on small lots, one (1)- and two (2)-story singlefamily attached dwellings, and one (1)- and two (2)-story townhome and multifamily dwellings.

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

Chapter 9.50 contains additional details and illustrations regarding development standards.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.30.070 - RH High Density Residential District.

A.

Purpose. To provide for the development and preservation of medium to high density neighborhoods (twelve (12) to sixteen (16) units per acre) with one (1)- to three (3)-story single-family attached dwellings and one (1)- to three (3)-story townhome and multifamily dwellings.

B.

Permitted Uses. Chapter 9.40 lists permitted land uses.

C.

Development Standards. Chapter 9.50 provides development standards.

Chapter 9.50 contains additional details and illustrations regarding development standards.

(Ord. 603 § 1(Exh. A), 2022; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)