Chapter 9.140 — SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS

The regulations of this chapter are intended to provide standards for specialized aspects of land use within special purpose districts such as hillside conservation standards, flood hazard reduction measures, and restrictions on the location and operation of sexually oriented businesses.

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

The permitted uses and development standards for the PR parks and recreation, GC golf course and OS open space districts are set forth in Chapters 9.120 and 9.130.

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

A.

Applicability. The FP district shall include all areas within the city that are designated as "Special Flood Hazard Areas Inundated by One Hundred (100)-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones. The boundaries of the FP district are generally shown on the official zoning map. See FEMA FIRM maps for specific locations.

B.

Prohibition of Construction in Floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity floodwaters, debris and erosion potential. Therefore, except for necessary public improvements, no fill, structures or other development shall be permitted within floodways.

C.

Flood Hazard Reduction. The following flood hazard reduction measures shall be required of all construction permitted within the FP district:

1.

Impact on One Hundred (100)-Year Flood Elevations. New construction shall not increase the water surface elevation of the projected one hundred (100)-year flood more than one (1) foot at any point. In addition, new construction shall not create or exacerbate erosive velocities within special flood hazard areas. The city may require certification by a registered professional engineer that this requirement is satisfied.

2.

Finish Floor Elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one (1) foot above the one hundred (100)-year or base flood elevation shown on the FIRM map. If no base flood elevation is shown on the FIRM map, the city may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied.

3.

Anchoring. All new structures shall be anchored to prevent collapse, flotation or lateral movement from hydrostatic and hydrodynamic loading.

4.

Water and Sewer Systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

5.

Electrical, Plumbing and Heating Systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.

6.

Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.

D.

Permit Procedures. Proposed construction within the FP district shall require approval of a site development permit in accordance with Section 9.210.010 and any other permits required per Chapter 9.120 (Special Purpose Permitted Uses). In addition, the following requirements shall be satisfied:

1.

Plans and Studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the public works director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of subsection C of this section have been or will be satisfied.

2.

Requirements of Other Public Agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the Riverside County Flood Control District.

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

9.140.040 - HC hillside conservation regulations.

A.

Applicability.

1.

The HC hillside conservation overlay district applies to all land within the city designated in the general plan as "open space," shown on the official zoning map as "HC," and more specifically described in Section 9.110.070.

2.

The provisions of this section shall also apply to each and every parcel of land within the city (without otherwise being noted on exhibit or map which is added to the city by annexation, dedication or other means) meeting the criteria for being above "the toe of the slope."

3.

Except as specifically provided elsewhere in this title, any and all disturbance of natural terrain, grubbing, grading, new use, and every new building and premises or land in the HC district shall be used for or occupied and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within such HC district exclusively and only in accordance with regulations set forth in this section.

B.

Application of Regulations to Property.

1.

In the city general plan, all hillsides and some alluvial fans are designated open space. In general, the dividing line between open space and other land uses is meant to follow and be bounded by "the toe of the slope." The area above the toe of the slope includes not only hillsides, but also alluvial fans which are not protected by flood control structures, and drainage ways and stream courses which have some potential for flooding. In general, alluvial fans not exceeding twenty percent (20%) slope are developable consistent with this section either through the transfer of residential units from contiguous hillside areas, by change of designation, or by providing flood protection.

For any parcel subject to the jurisdiction of the city, the city engineer, upon viewing the site and considering a land suitability study submitted by the applicant (in accordance with the requirements of this section) shall determine the boundary between the developable and the undevelopable portions of the parcel by locating the toe of the slope per the following criteria (more than one (1) criterion may apply):

a.

The point where waterborne alluvial material not exceeding twenty percent (20%) slope begins to collect to a depth of one (1) foot or more;

b.

The dividing line between steeper rock formations and more gently sloping alluvium, i.e., where there is a noticeable break in the angle of slope from steep to shallow;

c.

Where the slope gradient exceeds twenty percent (20%);

d.

An area unprotected from flooding potential, i.e., an area above the uppermost flood control structure which intercepts runoff (in the form of either natural watercourses or as overland sheet flow) and directs it to a controlled stormwater diversion channel.

C.

Permitted Uses in HC District.

1.

No development (except as provided under subsection (C)(4) of this section) shall be approved for slopes exceeding twenty percent (20%).

2.

The following uses within the HC district shall be permitted on alluvial fans with slopes not exceeding twenty percent (20%):

a.

Golf courses (not including above-ground structures), including fairways, greens, tees and golf-cart paths to access them;

b.

Flood control structures;

c.

Parks, lakes and passive recreation facilities;

d.

Water wells, pumping stations and water tanks (if properly screened);

e.

Screened or undergrounded;

f.

TV, cable and radio antennas;

g.

Hiking, bicycle and equestrian trails;

h.

Single-family residential uses;

i.

Accessory uses necessary to establish and maintain the permitted uses, such as roads, gatehouses, on-site subdivision signs, parking lots, noncommercial community association, recreation, and assembly buildings and facilities.

3.

The following uses within the HC district shall be permitted on slopes exceeding twenty percent (20%):

a.

Hiking, bicycle and equestrian trails not permitting vehicles.

b.

Access roads which shall be nonvisible unless applicant can prove to the satisfaction of the city that the only access to a nonvisible area must traverse a visible area. (Ownership or nonownership of property is not sufficient proof of reason to place a road in a visible area.) Roads shall not exceed fifteen percent (15%) grade.

c.

Uses listed in subsection (C)(3) of this section may be permitted provided the land was graded or otherwise significantly disturbed prior to January 1, 1996, and only if the scarred location is visible from more than onequarter (¼) of a mile away.

D.

Conditional Use Permit Required. In addition to the requirements of this section, all development within the HC district shall require approval of a conditional use permit pursuant to Section 9.210.020.

E.

Site Development Review Required. All development in the HC district shall be subject to site development review by the planning commission pursuant to Section 9.210.010. "Development" in this context shall include the following: grading, building, grubbing, or permitting any heavy equipment (equipment whose function is digging,

clearing, earth-moving, grading, or a similar function disruptive to the natural terrain) access to the HC district property.

F.

Criteria for Review of Grading Plans. The planning commission and city council shall consider the following matters of particular concern in their review of grading proposals in the HC district. Conditions may be attached to the approval of grading plans so as to achieve the purpose and intent of this section and the following objectives:

1.

The health and safety of the public;

2.

The preservation of vegetation and animal habitat, designation of stream courses as open space, preservation of habitat corridors, encouraging revegetation with drought-tolerant native species;

3.

The avoidance of excessive building, padding or terracing and cut and fill slopes to reduce the scarring effects of grading;

4.

The encouragement of sensitive grading to ensure optimum treatment of natural hillside and arroyo features;

5.

The encouragement of imaginative grading plans to soften the impact of grading on hillsides, including rolled, sloping or split pads, rounded cut and fill slopes, and post and beam construction techniques; and

6.

The maximum retention of vistas, and natural topographic features including mountainsides, ridgelines, hilltops, slopes, rock outcroppings, arroyos, ravines and canyons.

G.

Engineering Reviews Required. For every home site or for every subdivision proposed within the HC district, the following reports shall be prepared by a California-licensed engineer (licensed in the appropriate discipline), and filed with the city engineer, unless specifically waived by the city engineer based on a visit to the proposed site:

1.

Hydrology, drainage and flooding report for all sites;

2.

Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the construction method proposed;

Underlying geology/engineering report attesting to stability of all sites;

4.

Seismic analysis attesting to the stability of the site(s) and addressing the potential of material above the site(s) impacting the site(s);

5.

Access plan showing the preliminary engineering for roads giving access to the proposed site(s);

6.

Grading plan for the construction site(s) and access routes; and

7.

A utility plan demonstrating the feasibility of providing water for domestic and fire suppression purposes, sewer, power, and other utilities, especially with regard to the scarring effects of the grading necessary to install such utilities.

The city engineer shall specifically approve each proposed site and access route based on the submitted reports.

H.

Other Studies Required. The following studies shall be filed with the Planning Division as a part of the application process:

1.

All development in the HC district shall be subject to a report by a qualified biologist addressing the following:

a.

Natural vegetation and native plants which may be affected by the project;

b.

Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and

c.

Plans to maintain corridors for wildlife habitat and movement of animals within HC district.

2.

All development in the HC district shall be subject to a review by a qualified archaeologist addressing the following:

a.

A review of the literature and records for any known and/or recorded historic or prehistoric resources;

b.

A survey of the project site for historic or prehistoric resources; and

c.

A final report of findings and recommended mitigation and resource treatment shall be submitted to the director for review.

3.

A plan for the preservation of all areas exceeding slopes above ten percent (10%) as specified in subsection (I)(6) of this section, including:

a.

The designation of all areas exceeding ten percent (10%) slope, with the degree of slope noted, and the calculation of the percent to be left undisturbed;

b.

The designation of all watercourses both natural and man-made, with plans for the preservation and/or reintroduction of native drought tolerant plants. Watercourses shall be designated as open space; and

c.

A monitoring program (following CEQA) for the preservation of open spaces.

4.

A viewshed study, including plans and sections, showing visibility of proposed project and grading as viewed from surrounding properties located at lower elevations.

I.

Grading, Grubbing and Scarring Control.

1.

No permits shall be issued for any grading, grubbing, building or structure in the HC district until grading plans, slope planting and irrigation plans, and building elevations for design review have been submitted to the planning commission for approval. In reviewing plans for grading, slope planting and irrigation, native revegetation, mitigation of scarring caused by grubbing and grading, preservation of the natural state of the hillsides and water courses (based on slope angle) and building elevations, the commission and council shall consider the purpose and intent of this section and the criteria established in this section, together with applicable standards and shall approve the design if all applicable provisions are met.

2.

Conditions may be applied when the proposed development does not comply with applicable standards so as to bring such development into conformity or the plans and drawings may be disapproved and the city shall specify the standard or standards that are not met.

Any person who fails to protect the natural terrain, defaces, grades, grubs, scars or otherwise disrupts the natural terrain in the HC district without prior city approval of plans for such work subject to this section shall have created a public nuisance which shall be abated. Abatement may include the property owner undertaking the restoration (under city supervision and monitoring), or that failing, city-contracted restoration of the disrupted area. The property owner may be charged the cost of the restoration together with the direct costs of supervision and monitoring of the restoration. If the property owner fails to reimburse the city for the costs incurred, a lien against the property for payment may be instituted.

4.

Any plans which are being considered by the city for development shall, at the time of discovery of the creation of the public nuisance, be denied by the decision-making authority. After such time as the public nuisance has been completely abated, the plans may be resubmitted upon payment of all required fees.

5.

The provisions of this section shall be in addition to other municipal code titles and regulations applicable to grading activities within the city. No grading shall be conducted, nor shall any grading permit be issued for grading in the HC district until grading plans and special drawings showing grading and topography as viewed from critical locations within the neighborhood or community have been approved by the planning commission.

J.

Development Standards.

1.

Maximum Density and Minimum Lot Size. In the HC district, the maximum density permitted shall be one (1) residential unit per ten (10) acres. On a contiguous parcel which includes areas both above and below the "toe of the slope," residential units may be clustered together below the "toe of the slope" to take advantage of buildable areas with lower slope angles, provided the overall density for the parcel of one (1) unit per ten (10) acres is not exceeded. Structures shall remain single-family, separated, on individual lots having an area of at least twenty thousand (20,000) square feet.

2.

Setback Requirements. The requirements for the RVL very low density district shall apply.

3.

Maximum Building Height. The requirements for the RVL district shall apply except that no structure shall be placed in such a way that its outline is visible above a ridgeline.

4.

Parking. Off-street requirements shall conform to Chapter 9.150.

5.

Roof Equipment. No roof-top equipment for heating, cooling or other purposes shall be permitted.

Architecture. The architectural treatment of structures within the HC district shall be compatible with the setting of the structure and shall be generally consistent with requirements of the desert setting and other architectural treatments found elsewhere in the city. Use of indigenous materials for the structure of walls should be encouraged. Fencing and walls shall conform to the standards for the RC cove residential district standards as set forth in Section 9.30.050.

7.

Landscaping.

a.

On the cut or pad occupied by the structure, landscaping may be left to the choice of the homeowner providing some selection of drought-tolerant species is included. Elsewhere on the site (or within open space), native vegetation shall be undisturbed or shall be recreated after approved grading.

b.

The applicant or developer shall be responsible for the maintenance of all slope planting and irrigation systems until such time as the properties are occupied or at the time a new property owner or homeowner's association accepts the responsibility to maintain the landscaping in common areas, or other maintenance district formation is established.

8.

Utilities. All utilities shall be placed underground except for water tanks and substations, which shall be appropriately screened and painted in colors to blend into the background.

K.

Land Divisions in HC District. In order to assure compliance with the provisions of this section, the following requirements shall apply to the proposed division of any property which is partially or completely within the HC district: A preliminary grading plan prepared in accordance with the provisions of municipal code Title 13 and this section shall be submitted (together with other requirements of this section) with every conditional use permit, tentative subdivision map or parcel map filed for approval. The preliminary grading plan shall show at least one (1) practical, usable and accessible building site which can be developed in accordance with the provisions of this section within each proposed lot or parcel.

L.

Transfer of Development Rights.

1.

Transfers of development rights shall follow the procedures and standards set forth in Chapter 9.190.

2.

Any owner of property within the HC district may transfer development rights from the HC district on the basis of one (1) residential unit per ten (10) acres.

Development rights may be transferred as follows:

a.

Transferred to a subdivided portion of the same property below "the toe of the slope," as presented in a conditional use permit; or

b.

By means of sale to any area of the city which has been zoned for residential purposes, provided the increase for any particular parcel does not exceed twenty percent (20%) of the general plan density designation;

c.

Development rights may be retained by an individual;

d.

Transfer rights may be further sold as provided in Chapter 9.190.

4.

Any owner of property within the HC district may sell, bequeath or transfer the development rights of the property, in accordance with this section and Chapter 9.190 to any governmental jurisdiction or any properly organized nonprofit organization whose charter allows for the ownership of public open space. The governmental jurisdiction or nonprofit organization may retain or sell or transfer acquired development rights in accordance with Chapter 9.190.

M.

Relocation of Toe of Slope. If, as a result of an approved developmental project, a flood control structure is placed higher on a hillside area so that an area of alluvial fan becomes protected from flooding potential, or if the location of the toe of the slope is moved by alteration of some other criterion set forth in subsection B of this section for determining the location of the toe of the slope, the new area below the toe of the slope shall remain within the HC district. The conditional use permit approved for the development shall determine the effective density of any new developable portion of the new area by virtue of the transfer of development rights from the hillside areas to the new area.

N.

Ownership and Maintenance of Recreation/Open Space.

1.

Those areas located within a hillside development controlled by this section which are to remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may be offered for dedication for game preserve, recreation or open space purposes. Such areas may be offered to a public agency or to a nonprofit land trust, conservancy or similar organization whose charter allows for the ownership of recreation and open space which will preserve the natural open space in perpetuity.

If an offer of dedication under subsection (N)(1) of this section is not accepted, the developer shall make provisions for the ownership and care of the open space in such a manner that there can be necessary protection and maintenance thereof. Such area shall be provided with appropriate access and shall be designated as a separate parcel or parcels which may be maintained through special fees charged to the residents of the subject development or through an appropriate homeowner's association or maintenance district.

O.

Change in Designation of HC Land. All lands within the HC hillside conservation district are designated on the general plan land use policy diagram as "open space." A property owner may propose a change from this designation and from the HC district zoning by means of all of the following procedures:

1.

Approval of a general plan amendment from open space designation to an equally appropriate category.

2.

Approval of a change of zone from HC to an equally appropriate district.

3.

Approval of a specific plan for the property.

4.

Satisfaction of the engineering and other reviews required in this section.

5.

Compliance with all other provisions of this section except subsections C, (J)(1), (2) and (3), L and M.

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

9.140.050 - SOB sexually oriented business regulations.

A.

Purpose of Regulations.

1.

The city council finds that sexually oriented businesses, by their nature, have objectionable secondary effects upon adjacent areas. The purpose of this section is to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods, to prevent crime associated with sexually oriented businesses as defined in Section 5.80.020 of the municipal code, to maintain the integrity of residential neighborhoods, to protect minors from the secondary effects of sexually oriented businesses, to protect retail trade occurring adjacent to sexually oriented businesses, to maintain property values within the city, and to protect and preserve the quality of life within the city.

2.

It is not the intent of this section, and this section shall not be so construed, to suppress, regulate or affect in any way the content of communication or expression associated with sexually oriented businesses.

3.

The city council finds that this section allows the establishment of sexually oriented businesses at a reasonable number of locations within the city.

4.

The city council finds that the establishment of the sexually oriented business overlay district best provides the means to adequately regulate sexually oriented business uses in the overall land use plan of the city.

B.

Permit Required. Prior to establishment or transfer of a sexually oriented business, all provisions of Chapter 5.80 of the municipal code shall be met including obtaining the required permit.

C.

Boundaries of SOB Overlay District. The boundaries of the overlay district are described in Section 9.110.080.

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

9.140.060 - EOD equestrian overlay regulations.

A.

Applicability. The EOD equestrian overlay district regulations set forth in this section shall apply to all areas of the city containing the "EOD" overlay designation on the official 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 EOD regulations, the EOD regulations shall control.

B.

Definitions. See Chapter 9.280.

C.

Principal Uses. Principal uses permitted in the equestrian overlay district shall be as follows:

1.

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

2.

The keeping of horses (including ponies or llamas) for personal use of the residents of the property only, not to include any activities beyond that necessary to continue the resident's personal use. This may include limited breeding and boarding activities of a non-compensatory nature, such as for other family members' personal use. Up to two (2) horses shall be allowed on a minimum one (1) acre parcel. For parcels in excess of one (1) acre, up to three (3) horses per additional acre or portion thereof, shall be allowed. Foals under one (1) year of age shall not be counted in the maximum number of horses permitted;

Accessory buildings and structures, including stables, corrals, barns, tack rooms, exercise rings, hay barns and other buildings and structures customarily appurtenant to a permitted use;

4.

Farm projects (Future Farms, 4-H or similar projects) conducted by the residents of the premises. Such projects shall involve only the permitted type and number of animals by this title being trained in connection with the education of a person as a member of a recognized farm education organization;

5.

Caretakers and employee housing for on-site employment; providing, that the unit does not exceed one thousand (1,000) square feet and conforms to the setbacks in the underlying zone.

D.

Conditional Uses. The following uses are permitted if a conditional use permit is approved per Section 9.210.020:

1.

Commercial stables and riding academies, as defined in this section.

2.

Arenas for the purpose of conducting events such as rodeos and other equestrian-oriented entertainment.

3.

Veterinary offices or hospitals, when established on the same parcel as the principal residence; provided, that only temporary boarding facilities may be established for purposes of boarding sick or injured animals, and that animals not permitted in the underlying zone may not remain at the facility.

E.

Development Standards. The following development standards generally apply to all properties in the equestrian overlay district. Commercial equestrian facilities/uses may be subject to more restrictive requirements through the conditional use process.

1.

All accessory buildings shall be limited to two (2) stories in height and a maximum of thirty-five (35) feet, measured from finish grade of the pad.

2.

The following minimum setback requirements shall apply:

a.

Pastures shall not require any setback. However, if a pasture does not extend to a property line, a minimum ten (10)-foot setback from property line shall be provided.

b.

Accessory buildings (barns, stalls, etc.) shall maintain twenty-five (25) feet from non-overlay property lines and ten feet from overlay property lines.

c.

Accessory structures shall maintain thirty-five (35) feet from any non-overlay properties. A ten (10)-foot setback from adjacent overlay property lines shall be maintained.

d.

Arenas shall be reviewed for appropriate setback and design as part of the conditional use permit process, as they are not considered accessory uses to residential equestrian. Generally, arenas shall maintain a minimum seventy-five (75)-foot setback from any property line.

e.

Manure storage containers shall be set back a minimum of fifty (50) feet from any non-overlay property line and twenty (20) feet from other property lines.

f.

Manure spreading areas shall not be established within twenty-five (25) feet of any property line.

g.

No accessory building, use or operation described in this subdivision shall be established or conducted within eighty (80) feet of any residential structure.

3.

Fencing.

a.

Pasture and corral areas, as well as all open areas abutting non-equestrian properties, shall consist of fencing at least five (5) feet high and of such construction as to confine the animals. Fences which are on property lines or are adjoining and running parallel to private streets or bridle trails, shall be three (3)-rail, with a minimum height of five (5) feet from grade, and posts spaced not more than ten (10) feet apart. All posts shall be nominal four (4) inches by nominal six (6) inches minimum, with nominal two (2)-inch by nominal six (6)-inch minimum rails. This section shall not apply to property lines along any street identified and shown on the circulation element of the general plan, where specific sound attenuation is necessary based on an approved acoustic study prepared for a subdivision map.

b.

Fencing requirements of this section shall take precedence in the event of any conflicts with the provisions of Section 9.060.030 (Fences and walls), for properties keeping horses within the equestrian overlay district.

4.

Dust Control. Corrals, stables, exercise rings and arenas, and any other disturbed soil area shall be regularly sprinklered or otherwise treated to a degree so as to prevent the emanation of dust, and in addition, all accumulation of manure, mud or refuse shall be eliminated so as to prevent the breeding of flies. Any open areas shall be subject to the requirements of Chapter 6.16 whenever applicable. All nuisance water runoff must be detained on the subject property.

5.

Manure Collection. Removal and treatment of manure must occur on a regular basis so as to promote the health, safety and welfare of residents and visitors to the area in accordance with the following standards:

a.

Stalls shall be cleaned on a daily basis. Straw, hay, sawdust or other bedding materials may be stored or composted for later disposal, but shall not be spread with manure over open areas.

b.

Manure shall be collected from all source areas daily and may be stored for later disposal in an enclosed container of adequate size. Open manure stockpiles are not permitted. Manure stored for disposal shall be removed from the property within seven (7) days.

c.

Manure to be used for composting purposes shall be placed in an appropriately designed composting bin in order to properly decompose and eliminate parasites. Only composted manure may be used in any spreading operation.

d.

Spreading of manure may only occur in conjunction with commercial equestrian uses, and must be conducted over an adequately sized area capable of assimilating the nutrients in the spread material. Such an area may only be operated as part of overall disposal and treatment program approved by the city or established as part of a conditional use permit application.

e.

Method for removal of manure from the property is at the owner's discretion. Off-site delivery to agricultural or related operations for fertilizer use is permitted. On-site use of composted material is permitted in new or established vegetated areas, such as gardens, landscaping, reestablishment of pasture vegetation, etc.

f.

Any condition that results in odors, unsightly areas or infestation shall be deemed a public nuisance and/or health hazard and shall be abated within seven (7) days of proper notice. All violations are subject to enforcement provisions of the La Quinta Municipal Code and applicable county health codes.

6.

Parking. Parking shall be provided as required by Chapter 9.150, and shall be based upon the overall use of the property or as required by an approved conditional use permit.

Lighting. Any proposed lighting must comply with Sections 9.60.160 and 9.100.150 (Outdoor lighting). Lighting of equestrian and related activity areas shall not occur beyond 10:00 p.m. unless otherwise specified by an

approved conditional use permit. This restriction does not pertain to general area and yard lighting associated with a primary residential use on equestrian property.

8.

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.

F.

Review and Approval Process. Equestrian uses, buildings and structures shall be reviewed in accordance with the following procedures:

1.

Accessory buildings, detached or attached, as defined in this section:

a.

Up to four hundred (400) square feet for each building or structure, to be reviewed with the building permit application for approval by the director;

b.

Over four hundred (400) square feet to be reviewed through the site development permit procedures of Section 9.210.010, by the planning commission.

2.

All other permitted buildings are subject to the process identified for the underlying base district and this section.

3.

Conditional Use Permits.

a.

Conditional uses shall be required to obtain a conditional use permit in accordance with the procedures outlined in Chapters 9.200 (General Permitting Procedures) and 9.210 (Development Review Permits). All uses, buildings and structures identified in subsection D of this section existing prior to the effective date of the ordinance codified in this section shall be considered as nonconformities in accordance with Chapter 9.270 (Nonconformities). Property owners of all such uses, structures and buildings shall file a site plan for the entire facility with the planning division within thirty (30) days of the effective date of the ordinance codified in this section.

b.

In addition to information required for a conditional use permit application filed pursuant to Chapter 9.210, the following information shall be submitted for conditional uses proposed in the EOD overlay district:

i.

A proposed program for storage, treatment and removal of manure produced by the operation.

ii.

A fugitive dust control plan, as required by Chapter 6.16 of the La Quinta Municipal Code, addressing control of dust and identification of all potential dust sources.

iii.

Proposed or potential tentative scheduling of any events or other activities which may produce impacts beyond the scope of the proposed uses routine operations.

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

9.140.070 - Condominium hotel development and usage regulations.

A.

Purpose. The specific purposes of these regulations are to assure that condominium hotel projects are conditioned at the time of development approval in such a way as to ensure appropriate public health, safety, welfare and land use classifications and standards; to mitigate potential impacts of condominium hotels on traffic congestion, air quality, building design and safety, police, fire and emergency services; to assure other adequate public facilities; to allow condominium hotel development projects some financial flexibility subject to the approval of the city council; to prohibit conversion of existing hotels to condominium hotels; and to provide the city with appropriate development and operational controls over condominium hotels.

B.

Definitions. The following definitions shall govern the construction and interpretation of this section.

1.

Development Agreement. For purposes of this section, the term "development agreement" means any of the following:

a.

A statutory development agreement entered into pursuant to Government Code Sections 65864 et seq.;

b.

A disposition and development agreement entered into between an applicant and the city; or

c.

An owner participation agreement entered into between an applicant and the city.

2.

"Effective date" means the date on which the ordinance adopting this section becomes effective.

3.

"Operator" means the entity designated by the owner of the condominium hotel or, if all of the common area of a condominium hotel is owned by a condominium owners' association, designated by such association, to manage the condominium hotel.

4.

"Personal use" means the use or occupancy of a unit by an owner or any nonpaying guest of an owner for whom the owner may, and does, reserve its unit. use of a unit arising out of an exchange program with an affiliated hotel property shall be considered personal use by the owner.

5.

"Unit" means a condominium unit, as shown on a recorded condominium plan, which is located within a condominium hotel.

6.

"Unit owner" or "owner" means an individual or entity that acquires any ownership interest in, and holds title to, one (1) or more units.

C.

Condominium Hotel Regulations. No person or entity shall construct or operate a condominium hotel within the city without first obtaining all necessary entitlements pursuant to this section and pursuant to other applicable provisions of the La Quinta Municipal Code. All other provisions of the La Quinta Municipal Code, including, without limitation, Title 8 (Buildings and Construction), Title 13 (Subdivisions), and Title 9 (Zoning Code) shall be applicable to the construction and maintenance of condominium hotels; provided however, that the more specific provisions contained in this section shall prevail over any general provisions set forth in the La Quinta Municipal Code. A condominium hotel shall be allowed as a conditionally permitted use, subject to the terms of this section, and only within those zoning districts in which hotels or similar tourist and vacation accommodations are expressly permitted either conditionally or as of right, pursuant to the terms of Title 9 (Zoning Code) and/or any applicable specific plan. Each application for a condominium hotel will be reviewed by the city's planning commission and city council. If the planning commission recommends granting approval of the application, the city council shall set notice of a public hearing to be held within forty-five (45) days thereafter or such later date as may be set by the city council. Approval shall be subject to required conditions necessary to carry out the provisions of this section.

D.

Application for Condominium Hotel. An application for a condominium hotel shall include the following six (6) requirements, in addition to any other information that the city may determine is necessary to review the application. No condominium hotel may be approved without approval of all of the following requirements:

1.

Development Agreement. A proposed development agreement application, which shall provide for enforcement of all conditions and standards required by this section. In addition to any other provisions that may properly be included within the development agreement, the parties may agree to terms and conditions that are different from, or in addition to, and supersede, the provisions and requirements of this section. The city shall include such terms as it deems necessary to ensure that the condominium hotel operates as the equivalent of a traditional hotel. The

development agreement shall also include a draft declaration of covenants, conditions and restrictions pursuant to subsection G of this section.

2.

Conditions, Covenants and Restrictions (CC&Rs). The proposed CC&Rs for the units.

3.

Environmental Assessment. Information necessary for the city to perform an environmental assessment of the proposed condominium hotel project, pursuant to the California Environmental Quality Act (Public Resources Code, Sections 21080 through 21094 and its implementing regulations).

4.

Subdivision Application. Each condominium hotel application shall be accompanied by an application for a tentative or vesting tentative map pursuant to Title 13 of the La Quinta Municipal Code.

5.

Specific Plan. Each condominium hotel application shall be accompanied by an application for a specific plan or be within an approved specific plan area which permits such use, pursuant to Government Code Sections 65450 et seq.

6.

Site Development Permit. Each condominium hotel application shall be accompanied by an application for a site development permit pursuant to Chapter 9.210 of the Zoning Code.

E.

Development Standards. The condominium hotel shall comply with all the development, use, area, parking and other applicable standards of the zone or applicable specific plan in which the project is located.

F.

Condominium Hotel Standards, Conditions and Requirements. In addition to the standards referenced in this section, each condominium hotel is required to meet the following additional standards, conditions and requirements:

1.

No unit may be used as a full-time or permanent residence, except as set forth in subsection (F)(2) of this section.

2.

No more than one (1) unit in each condominium hotel may be used for the full-time or permanent residential occupancy by a person or family serving as the on-site manager of the condominium hotel. Such unit must be owned by the owner or operator of the condominium hotel or the owners' association, and shall not be used for homestead purposes.

At its sole cost and expense, each individual unit owner may choose to hire any rental agent of its selection, or the operator or an affiliate, for the purpose of advertising the rental availability of, and procuring potential renters for, the owner's unit. Unit owners may also rent their units themselves. When not being used for personal use, each unit shall be available for rental as a hotel accommodation. The operator shall have the right, working through the unit owner or its designated rental agent, to book any un-booked room to fulfill demand, and to charge a reasonable booking fee for each such booking.

4.

Hotel guests (whether transient or personal use and not including any on-site manager) are prohibited from occupying or remaining in any unit for more than twenty-nine (29) consecutive days, with a minimum seven (7)day period intervening between each twenty-nine (29) consecutive day use period.

5.

Personal use shall not exceed: (a) thirty (30) days in the aggregate during the period of November 1st through April 30th; or (b) sixty (60) days in any calendar year, unless the owner engaging in such personal use satisfies all requirements for such excess use as set forth in the declaration.

6.

All units shall be completely furnished with furniture, fixtures and equipment to the standards established by the owner or operator of the condominium hotel. A furniture, fixtures and equipment reserve account shall be established and maintained in order to maintain and, when necessary, replace the furniture, fixtures and equipment within the units to maintain the facility in its first class condominium hotel standard.

7.

The proposed location, use, and design of the condominium hotel shall be consistent with the city's general plan, zoning ordinances, and any specific plan covering the area in question.

8.

In accordance with the existing provisions of Chapter 3.24 of the La Quinta Municipal Code, every condominium hotel shall be subject to the city's transient occupancy tax requirements, as may be amended from time to time. The owner of a condominium hotel unit shall receive golf and other benefits which are available to residents of La Quinta on the same terms, and subject to the same conditions, as are applicable to such residents.

9.

Any proposed condominium hotel that will not, as proposed, qualify as a first class condominium hotel shall not be eligible to operate as a condominium hotel in the city of La Quinta.

G.

Provisions for Declaration. The development agreement submitted with the condominium hotel application shall include a draft declaration of covenants, conditions and restrictions (declaration) (which shall be separate and apart from the CC&Rs required to create the units as condominiums pursuant to California law) which must be approved by the director and the city attorney prior to final approval of the condominium hotel application, and thereafter recorded against the condominium hotel in the Riverside County recorder's office. The declaration shall include the following provisions:

1.

The declaration shall require the units to be included within a hotel, and (other than the unit occupied by an onsite manager) made available as a hotel accommodation when not being used for personal use.

2.

The declaration shall require that the operator manage the units for the unit owners pursuant to the operator's then-standard form of agreement, and provide to the condominium hotel, the property, and the occupants and owners of the units, on a seven (7)-day-a-week basis, any or all on property services commonly provided at first class condominium hotels and resorts, including without limitation, such services as front desk check-in and check-out services (including electronic keys), routine housekeeping, laundry and dry cleaning, room service, catering and other food and beverage services, spa services, concierge services, parking and bellman services to the unit owner and the unit owner's guests. The availability and right to use such services shall be conditioned upon payment of such charges or fees as may be imposed generally on hotel guests. As to the availability and right to use services such as front desk check-in and use of resort pools, lobbies, recreational facilities, etc., which are not separately charged to hotel guests, use will be conditioned upon the payment of such fees as are determined by the operator to be appropriate to reflect the allocable costs of such services and facilities attributable to each unit within the hotel. The operator shall have the exclusive right to restrict and control access to any and all shared facilities within the condominium hotel, provided the same does not restrict a unit owner's right of access to her, his or its unit, except that unit access shall be subject to mandatory registration at the hotel front desk to obtain a key to the unit, which key shall be an electronic key. The operator's management obligations shall also include upkeep and repair of the interior of each unit, and monitoring and managing repair and replacement of furniture, fixtures and equipment, both at the unit owner's sole cost and expense.

3.

The declaration shall require the operator to provide a quarterly report to the city that contains all of the following information on each unit: (a) the number of the unit; (b) the name, address and telephone number of the owner of the unit; (c) whether the operator is and has been the rental agent for the unit during the immediately preceding calendar quarter; (d) the personal use during the immediately preceding calendar quarter; (e) the name and address of any occupant of the unit (other than the owner) whose occupancy exceeded the twenty-nine (29) day maximum; and (f) the TOT that has been collected by the operator and remitted to the city for use of the unit during the immediately preceding calendar quarter.

4.

The declaration shall require the condominium hotel owner or, if none, the condominium hotel's owner's association to hire a qualified professional operator to manage, maintain and operate all portions of the condominium hotel in a manner consistent with the first class condominium hotel standard required by this section. The operator shall have at least five (5) consecutive years of experience in the hotel management business in hotels that meet the first class condominium hotel standard and have no fewer than ten (10) other properties (each in separate cities, or distinct and separate projects in any given city, nationally or internationally) under current management. The condominium hotel owner or owner's association, as the case may be, shall provide the city with appropriate documentation to demonstrate that the proposed operator meets the requirements of this subsection, to be approved by city staff prior to issuance of a certificate of occupancy for the condominium hotel. Upon request by the applicant, the city manager may waive the experience standards required above upon finding that the proposed operator has comparable substitute experience and qualifications. the declaration shall include provisions regarding proposed changes in the operator.

5.

The declaration shall give the condominium hotel owner, operator, and the city the right, power and obligation to enforce the first class condominium hotel standard including, without limitation, the right to enter any portion of the condominium hotel, and any individual condominium hotel units, to cure, or cause the unit owner to cure, any failure to meet the first class condominium hotel standard; and shall permit the enforcement by the city, in its discretion, of this section and the declaration.

6.

The declaration shall provide that hotel guests (whether transient or personal use and not including any on-site manager) are prohibited from occupying or remaining in any unit for more than twenty-nine (29) consecutive days, with a minimum seven (7)-day period intervening between each twenty-nine (29) consecutive day use period.

7.

The declaration shall provide that personal use shall not exceed: (a) thirty (30) days in the aggregate during the period of November 1st through April 30th; or (b) sixty (60) days in any calendar year, unless provisions for such excess use are provided for in the development agreement and are complied with by the unit owner.

8.

Subject to applicable California general law and Department of Real Estate regulations, and unless otherwise provided in the development agreement, the declaration shall provide that the obligation to pay any fees or changes provided for in the development agreement shall be secured by a lien in favor of the city encumbering the units for the amount owed, including any permitted penalties or interest, and that the city shall have the right, but not the duty, to foreclose on any such liens through equitable or legal proceedings.

9.

The declaration shall provide that it shall not be amended without the prior written consent of the city.

H.

Reporting and Inspection. Upon request of the city manager, each owner, the condominium hotel association and the operator shall maintain, on-site, and regularly make available to the city and its employees and agents such information, books, records, and documentation, including all records relating to personal use and transient use of each unit, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that the city may determine and enforce the condominium hotel's compliance with this section and other applicable city laws, regulations, the condominium hotel conditions, the development agreement, and the declaration. The original and, upon each change, every subsequent operator shall immediately advise the director of its name, qualifications, address, telephone number and the name of a contact person.

I.

Conversions. An express purpose of these regulations is to preserve and enhance the city of La Quinta's existing hotel inventory. All existing hotels are prohibited from converting to condominium hotels from and after the effective date. Thereafter, no other conversions to condominium hotels shall be allowed in any zone, except that existing hotels with less than twenty (20) units may apply to convert, provided that the hotel, after conversion, would generate an equivalent, or greater amount of municipal revenue, and provided that the city council finds that such conversion is in the best interest of the city.

J.

Prohibited Units. No provision in this section shall be deemed to permit a timeshare, fractional or other vacation ownership unit if otherwise prohibited by the La Quinta Municipal Code.

(Ord. 550 § 1, 2016; Ord. 432 § 1, 2006)

• 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. 602 Exh. A, 2022; Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013)

9.140.090 - MU mixed use overlay regulations.

A.

Purpose. To facilitate the development of mixed use projects that include both multifamily residential and commercial components in a cohesively designed and constructed manner. The mixed use overlay district will contribute to vehicle trip and associated air pollutant reductions by locating residents in close proximity to services, employment, and transportation hubs, and by providing interconnected multi-purpose paths for alternative modes of transportation.

B.

Applicability. The MU overlay district and the provisions of this section apply to all areas designated VC, CR, CP, CC, CN, CT and CO districts. These regulations shall apply in addition to the regulations of the underlying base

district. In case of conflict between the base district and the MU regulations, the MU regulations shall control.

C.

Definitions. See Chapter 9.280.

D.

Permitted Uses.

1.

Any use permitted or conditionally permitted in the underlying district.

2.

Mixed use projects consisting of both multifamily residential (apartments, condominiums, live/work, and similar housing types) and commercial/office components.

E.

Development Standards.

1.

Mixed use projects shall include both a commercial and/or office component and a multifamily residential component, which are fully integrated with regard to access, connectivity, and public safety. Residential uses with a density of twelve (12) to twenty-four (24) units, must comprise a minimum of thirty-five percent (35%) of the total square footage of the proposed project, with the exception of conversion of existing commercial buildings or portions thereof to live/work units. Mixed use projects can be designed vertically (residential development over commercial development) or horizontally (residential development next to commercial development).

2.

Minimum lot sizes shall be one (1) acre, with the exception of the VC district where lot sizes can be less than one (1) acre. To maximize design options, development of mixed use projects on lot assemblages or lots greater than one (1) acre is encouraged.

3.

The use of vacant pads for mixed use projects in existing commercial development along Highway 111 is encouraged.

4.

Minimum densities for residential development shall be twelve (12) dwelling units per acre, with the exception of conversion of existing commercial buildings or portions thereof to live/work units.

5.

Maximum densities for residential development shall be twenty-four (24) dwelling units per acre. Higher densities may be achieved through density bonuses, where applicable.

The residential component of mixed use projects shall be subject to the setback requirements of the underlying commercial district.

7.

Maximum Height. A mixed use project may be up to twenty-five percent (25%) more in height than in the base district, if approved in the site development permit.

Mixed Use Overlay District Maximum Building Height

*In the VC underlying district, when a minimum of one-half (½) the required parking spaces are located beneath the principal mixed use structure, the number of stories shall be measured from the finished floor of the building's ground floor and shall not include the parking level.

** Building height from forty-six (46) to sixty (60) feet may be permitted with approval of a CUP. See Section 9.70.110.

8.

Floor Area Ratio (FAR). Mixed use projects are exempt from the floor area ratio requirements of the underlying district.

9.

The first (ground) floor of a multi-story mixed use project located within three hundred (300) feet of the Highway 111 right-of-way shall consist of commercial and/or office development. Residential uses on the first (ground) floor are prohibited.

10.

New buildings (constructed after the date of approval of this code) in mixed use projects shall not be longer than three hundred (300) feet to facilitate convenient public access around the building.

11.

Pedestrian, bicycle, and other nonmotorized travel connections, including sidewalks, trails, and/or crosswalks, are required between the commercial/office and residential components of the project, as well as leading to/from street fronts, bus stops, public gathering places, and adjacent properties. They shall be located off-street and separated from vehicle travel lanes and parking lot driving aisles.

Physical barriers, such as walls and fences, between the commercial/office and residential components of a mixed use project are discouraged; however, they may be used where necessary and appropriate, including for public safety or the screening of outdoor storage facilities.

13.

Public Spaces.

a.

Public gathering spaces that provide active and/or passive amenities for passersby are highly encouraged. Communal spaces may include, but are not limited to, pedestrian plazas, shaded benches, public art, and landscape or hardscape features.

b.

Public spaces should be centrally located or located near active land uses to assure their frequent usage and safety.

14.

Parking. Parking and loading requirements shall be in conformance with Chapter 9.150 of this code, subject to the following provisions:

a.

Opportunities for shared and/or reduced parking between the commercial/office and residential components of the project are encouraged, subject to the requirements of Section 9.150.060 (Shared parking), as a means to better match parking demand with availability during various hours of the day.

b.

Mixed use projects shall provide preferred parking for electric vehicles and vehicles using alternative fuels in accordance with Section 9.150.110.

15.

Bicycle racks shall be provided to serve both commercial/office and residential components of the project, and shall comply with the requirements of Chapter 9.150.

16.

Landscaping shall comply with Section 9.100.040 of this code and the requirements of the underlying district. Additional landscaping may be required to minimize impacts to adjacent properties.

17.

Outdoor lighting shall comply with Sections 9.100.150 and 9.60.160 of this code.

18.

Signage shall be in conformance with Chapter 9.160 of this code and the requirements of the underlying district. Monument and other signage that enhances the cohesion of the development may be required.

Entry Drive. An entry drive that provides principal vehicular access into the residential component of the project is required.

20.

Entry Statement. Projects with fifty (50) or more residential units shall include vehicular and pedestrian entry statements that convey a sense of arrival into the development. Examples include, but are not limited to, specimen trees, boulder groupings, textured or stamped concrete, and monument signage.

21.

Special attention shall be given to the use of aesthetic treatments, such as colored/textured paving or decorative gates, that contribute to the overall image and connectivity of the development.

22.

New mixed use development shall relate to adjacent single-family residential districts in the following ways:

a.

By stepping down the scale, height, and density of buildings at the edges of the project adjacent to less intense development. Step the building down at the ends or sides nearest a single-family unit, to a height similar to that of the adjacent single-family unit (or of typical single-family residences in the vicinity if adjacent to an undeveloped single-family zoning district).

b.

By incorporating architectural elements and materials that are similar to those used in the neighborhood.

c.

By locating parking areas within the project interior or at the side or back when necessary to achieve the "residential front yard" appearance.

d.

By avoiding, wherever feasible, the construction of walls on local streets in existing neighborhoods where the wall would be located opposite front yards.

F.

Mixed Use Incentives.

1.

Mixed use projects that provide a minimum of thirty percent (30%) of total project square footage for retail uses shall receive a density bonus of ten percent (10%) for the residential component of the project.

2.

Outside the Village Build-Out Plan Area, mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce

their vehicle parking requirement by fifteen percent (15%).

3.

Development proposals for mixed use projects shall receive expedited entitlement and building permit processing.

4.

Mixed use projects shall receive a ten percent (10%) reduction in plan check and inspection fees.

5.

Mixed use projects that include a minimum of two (2) public spaces or gathering features, as deemed of sufficient size and purpose by the city, shall receive a density bonus of up to fifteen percent (15%).

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 603 § 1(Exh. A), 2022; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016)

9.140.100 - Agricultural/equestrian overlay.

A.

Permitted Uses.

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

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 thirty-five (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.

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.

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 Residential District, may, at any time, exercise his or her rights under Chapter 9.190, Transfer of Development Rights.

(Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 489 § 1, 2011; Ord. 368 § 1, 2002)

Chapter 9.150 - PARKING

9.150.010 - Purpose and intent.

A.

Purpose. These regulations are intended to: (1) provide for off-street parking of motor vehicles attracted by the various land uses in the city; (2) ensure the health, safety and welfare of the public by preventing obstruction of rights-of-way and fire lanes; and (3) provide for properly designed parking facilities with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.

B.

Parking Required. Off-street parking is required for all land uses in accordance with this chapter.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

9.150.020 - Approval of parking facilities.

A.

Permits Required. Except for single-family and duplex residences, establishment of all off-street parking facilities shall be subject to approval of a site development permit in accordance with Section 9.210.010 unless the parking facilities were previously approved in conjunction with a conditional use permit or site development permit and no changes in intensity of use are being proposed. A grading permit shall also be required unless exempted under the city's grading code.

B.

Design Modifications Approved by Director. The director may, without notice or hearing, permit modifications to the design of parking lots.

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

9.150.030 - Provision of parking facilities.

A.

Entities Authorized to Provide Parking. Off-street parking may be provided for a particular land use by any or a combination of the following entities (so long as the appropriate guarantees described in subsection B of this section remain in effect):

1.

On property containing the use: The property owner, lessee or agent of the use for which the parking is required; or

2.

On an adjacent or nearby property under the same ownership: The property owner, lessee or agent of the use for which the parking is required; or

3.

On an adjacent property not under the same ownership: an approved adjacent property owner, lessee or agent who reserves spaces on a contract basis for the adjacent use; or

4.

On an adjacent or nearby property not under the same ownership:

a.

An approved private (for-profit or not-for-profit) parking company which reserves, sells, leases or rents adjacent or nearby parking spaces for that use, or

b.

An approved private parking association (such as in a shopping center) which creates and allocates parking spaces as credits or shares available to its subscribers/members to meet their parking requirements, or

c.

A duly authorized public entity (parking district, assessment district, or similar agency) among whose powers include the authority to acquire and make available parking spaces and maneuvering areas, pedestrian walkways, shade structures, landscaping and other improvements.

B.

Continuation of Off-Street Parking Required.

1.

The validity of any permit to use property shall be directly contingent on the continued provision and proper functioning of required off-street parking. Failure to continue to provide the required parking in the approved

usable condition shall be reason for immediate revocation of all permits for use of the property on the grounds that such parking deficiency constitutes a threat to the public health, safety and welfare.

2.

The owner of any property for which off-street parking is required shall be directly responsible for the continued provision of such parking.

3.

The user of any property for which off-street parking is required shall demonstrate to the satisfaction of the city that the continued provision of the required parking has been adequately guaranteed for a period of at least as long as the permitted use. Forms of guarantee which may be required by the city include, but are not limited to, the following:

a.

The inclusion of exclusive or joint use rights for the required parking spaces in the lease for structural space on the same property;

b.

A recorded covenant merging together two (2) properties under the same ownership which subordinates all other use claims and obligations to the provision of the required parking on the adjacent parcel;

c.

A contract for parking on other parcels, either:

i.

A non-cancellable provision, or

ii.

The earliest expiration or cancelable date for parking facilities occurring simultaneously with or after the time limit for the use requiring the parking, or

iii.

A bond or other acceptable equivalent instrument in favor of the city which guarantees, in the event of the contract cancellation, termination or expiration, suit, court jurisdiction or other occurrence which has the effect of rendering the required parking spaces unavailable, the continued provision of the required parking by means of alternate arrangements.

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

9.150.040 - Parking location and accessibility.

A.

Location.

Residential Uses. Cars may be parked in the front yards of residential properties provided that the area in which the car is parked or stored is a driveway, pursuant to the driveway definition in Section 9.280.030. Required parking shall be located on the same parcel as the residential building which the parking serves, except that such parking may be located on an adjacent parcel if all of the following conditions are met:

a.

The adjacent parcel is and continues to be under the same ownership as that of the residential building;

b.

The parking is on that portion of the parcel where the erection of garages, carports or shade structures is permitted; and

c.

The placement and distribution of required parking spaces are such that for any dwelling unit, the assigned or reasonably available parking spaces are no further than one hundred (100) feet by walkway to the entry of that dwelling unit.

2.

Nonresidential Uses.

a.

Required parking shall be located on the same parcel as the use served, on an adjacent parcel or on a parcel across an alley. Required parking may also be located across a street (other than a major or primary arterial) provided a properly designed crosswalk connects the parking with the use(s) served.

b.

Required parking spaces shall be within three hundred (300) feet of the uses served by the parking and shall be located in a commercial district.

3.

Amended Provisions per Specific Plans. Amended provisions relating to parking location, configuration, and other matters may be imposed in conjunction with a specific plan.

B.

Accessibility.

1.

All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully usable and accessible at all times.

2.

Required off-street parking facilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles.

3.

Unless otherwise provided by an approved discretionary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any off-street parking spaces required by this chapter.

4.

Required parking spaces shall not be used for the storage of vehicles unless such storage is calculated into the required parking formula.

5.

No required parking spaces shall be used for the display of vehicles for sale unless part of a permitted vehicle sales use.

6.

If an area of parking is for park-and-ride programs, such area shall be in addition to the required parking area. If no additional area is provided for such purposes, the owner/operator of the parking lot shall arrange for part of the parking lot, at peak usage hours, to have encroaching parking removed by means of tickets and/or towing.

(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 505 § 1, 2012; Ord. 284 § 1, 1996)

9.150.050 - Determination of spaces required.

A.

Method of Determination. Off-street vehicle parking requirements shall be determined and provided in accordance with this section when the subject building or structure is constructed or a use is established or changed. In determining such off-street parking requirements, the city may use the alternative methods described in this section. The city reserves the option of requiring the use of more than one (1) of these methods, depending on the type, size and mix of uses in a proposed development.

B.

In the Village Build-Out Plan Area, a reduction of fifty percent (50%) is allowed, and any variation of the parking standard can be approved by the director. No additional off-street parking is required for a change in nonresidential use. Development projects are required to provide all of the parking for residential development onsite, and a minimum of half the required spaces for commercial development on-site. Parking spaces required but not provided on-site can be provided through the preparation of a parking plan that can include:

1.

Use of on-street parking spaces immediately adjacent to the project.

2.

A shared parking agreement with adjacent property owner.

3.

A fair share contribution to the in lieu fee program.

Other methods approved in a site development permit.

C.

Alternative Methods. Section 9.150.060 specifies the standard number of parking spaces required for most land uses. This schedule is required unless the applicant can show to the satisfaction of the city decision-making authority that it does not apply. Other alternative methods herein below may then be employed to determine the required parking spaces:

1.

A recognized authority's shared parking methodology for calculating the peak demand over time for parking in a development of mixed uses using the same parking facilities as specified in Section 9.150.070;

2.

A city methodology for calculating the parking demand for extremely complex or unusual uses or combinations of uses for which the standard schedule, a recognized authority's methodology and/or verifiable data are not applicable. Some or all of the following factors may be utilized in this methodology: expected numbers of occupants, employees, customers or visitors, vehicles stationed on the site, service and loading spaces required, handicapped spaces required, emergency access considerations and use of parking by unauthorized vehicles.

D.

Parking In-Lieu Program. The city may permit required parking spaces in the Village Build-Out Plan Area to be reduced through execution of a parking agreement, subject to the following requirements:

1.

A binding agreement, recorded against the property, between this city and the property owner. The agreement shall contain, at a minimum, all of the following:

a.

The agreement shall be binding upon the parties thereto, their heirs, successors and assigns, and shall run with the land;

b.

A payment schedule with a payment period not exceeding four (4) years. If an assessment/benefit or parking improvement district is established, the obligation of the property owner shall become due and payable under the terms of such district;

c.

A cash mitigation payment. The amount per space shall be established as determined by the planning and public works divisions, plus an inflation factor. The amount will be calculated at the time of agreement execution.

2.

An irrevocable offer from the property owner to participate in any future assessment/benefit or parking improvement district that may be formed in the VC or MU overly districts.

3.

The money collected may be released to a city-created parking assessment/benefit or parking improvement district, or may be used in the furtherance of general parking improvements in the VC or MU overlay districts, at the option of the city. Any financial obligation issued against such property shall be reduced accordingly to the amount of mitigation money paid at the time of the district formation.

4.

The property owner shall secure the mitigation payment by providing the city with a second deed of trust in the amount of the total mitigation payment.

E.

Incentive Based Parking Adjustments. In all districts, the following may result in a reduction in parking spaces of up to fifteen percent (15%), subject to approval by the planning commission:

1.

Permanent, non-vegetation shade structures covering fifty percent (50%) of all parking spaces.

2.

Increased landscaping and public spaces.

3.

Pedestrian improvements not located in the right-of-way or project driveways.

4.

Vehicular and nonvehicular connections between projects.

5.

Use of pervious surfaces for drainage, or creative drainage solutions.

6.

New commercial and mixed use development providing preferred parking locations for electric and other alternative fuel vehicles.

7.

Developments that provide a minimum of two (2) parking spaces or of the minimum number of spaces, whichever is greater, for golf carts and neighborhood electric vehicles (NEV) shall receive a parking credit reduction equal to five percent (5%) of the standard parking spaces required for that development.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 562 § 1, 2017; Ord. 553 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

A.

Reduction in Cumulative Spaces via Shared Parking. The cumulative parking spaces required for land uses in a given area may be less than the sum of the parking spaces for the individual uses in the area if the city approves a shared parking plan based on one (1) of the following:

1.

The approved parking plan was developed and designed based on parking demand established by means of the Urban Land Institute's "shared parking" methodology (as described in ULI: "Shared Parking," 1983) using locally adapted data which consider the Coachella Valley's seasonality and demographics.

2.

The approved parking plan was developed and designed based on the methodology for alternative parking demand determinations in accordance with Section 9.150.050.

3.

In cases where shared parking is desired but insufficient data is available to use either of the preceding methodologies, an experimental parking arrangement may be temporarily approved subject to all of the following conditions:

a.

Reasonably comparable data from similar joint uses demonstrates to the satisfaction of the city that the joint-use proposal is potentially workable;

b.

The joint uses are separated in time by a minimum of sixty (60) minutes and/or are for separate days;

c.

A fifteen percent (15%) excess capacity is provided to accommodate unforeseen miscalculation of peak use and/or separation of time;

d.

The joint time-shared use of parking facilities is a binding part of one (1) or more approved plans for the uses requiring the parking.

B.

Shared Parking Incentive. The approval of a shared parking plan shall entitle the project to an additional five percent (5%) FAR over the maximum FAR in the underlying district.

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

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

Table 9-12 Parking for Nonresidential Land Uses

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).

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. 618 § 1, Exh. A, 12-3-2024; Ord. 603 § 1(Exh. A), 2022; Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 528 § 3, 2016; Ord. 505 § 1, 2012; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.150.080 - Parking facility design standards.

A.

Parking Layout and Circulation.

1.

No parking space shall be located within three (3) feet of any property line.

2.

With the exception of single-family detached, single-family attached and duplex residential uses, all parking bays shall be bordered by continuous curbs. Individual wheel stops shall not be permitted in lieu of such curbs.

3.

All driveways shall be designed for positive drainage.

4.

Parking bays with ten (10) spaces or more shall connect with other parking bays or drive aisles or shall provide a turnaround area at the end of the bay.

5.

Parking access ways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an access way.

6.

Joint entry driveways are encouraged and shall be arranged to allow parking lot maneuvering from one (1) establishment to another without requiring exit to the street. Adjacent properties shall maintain agreements which permit reciprocal driveway connections across property lines.

B.

Parking Facility Design and Dimensions.

1.

Regular Space Dimensions. Regular vehicle spaces shall have the following minimum dimensions: width, nine (9) feet; length, seventeen (17) feet to curb plus two (2) feet overhang; where curbs are not provided, a minimum length of nineteen (19) feet is required.

2.

Compact Space Dimensions. Compact parking spaces can make up twenty percent (20%) of required parking spaces. Compact vehicle spaces shall have the following minimum dimensions: width, eight and one-half (8½) feet; length, sixteen (16) feet to curb plus one and one-half (1½) feet overhang; where curbs are not provided, a minimum length of seventeen and one-half (17½) feet is required. Compact vehicle spaces shall be clearly marked and distributed throughout the parking facility.

3.

End Spaces. Parking spaces at the end of a parking aisle against a curb or wall shall be widened by two (2) additional feet and/or shall have a backing-out pocket provided.

4.

Parallel Spaces. Spaces provided for parallel parking shall be a minimum of nine (9) feet wide and twenty-four (24) feet in length to permit room for maneuvering. If a wall or curb in excess of eight (8) inches in height is adjacent to the parallel parking space, the space shall be ten (10) feet in width. All end spaces confined by a curb shall be thirty (30) feet long.

5.

Support Posts. No support posts or other obstructions shall be placed within one and one-half (1½) feet of any parking stall, except that such obstructions are allowed adjacent to the stall within the first six (6) feet of the front of the stall, including any overhang area (see illustration).

==> picture [274 x 167] intentionally omitted <==

6.

Parking Aisles. Table 9-13 contains minimum dimensions for parking aisles:

Table 9-13 Minimum Parking Aisle Dimensions

7.

Space Marking. All parking spaces in a residential or nonresidential parking lot shall be clearly marked with white or yellow paint or other easily distinguished material with each space marking consisting of a double four (4)-inch wide hairpin stripe, twelve (12) inches on-center.

8.

Residential Garages. Minimum interior dimensions in residential garages (wall-to-wall) shall be based on providing ten (10) feet in width and twenty (20) feet in depth, per required vehicle parking space. This applies to design of all required garage parking spaces, whether in a tandem parking or side-by-side configuration.

C.

Fire Lanes. Fire lanes shall be provided as required by the fire department.

D.

Pedestrian Circulation.

1.

All parking lots shall be designed to provide for the maximum safety and convenience of pedestrians in their movement to and from the parking area.

2.

Where possible, landscaped areas shall also contain paved pedestrian walks for the safe movement of pedestrians.

3.

On major driveways, crosswalks and sidewalks shall be provided.

4.

Textured surfaces, signs and speed bumps shall be used to keep vehicular speeds low.

E.

Loading and Other Service Facilities.

1.

Off-Street Loading Requirements. Table 9-14 shows the number and size of loading berths required to satisfy the standards set forth in this subsection. However, the planning commission may require more or less loading area if it determines such change to be necessary to satisfy the purpose set forth in subsection (E)(1)(a) of this section:

Table 9-14 Number of Loading Berths Required by Floor Area

a.

Each loading berth shall be not less than forty-five (45) feet in length and twelve (12) feet in width exclusive of aisle or maneuvering space, and shall have an overhead clearance of not less than fourteen (14) feet.

b.

Loading berths may occupy all or any part of any required yard space except front and exterior side yards and shall not be located closer than fifty (50) feet from any lot in any residential zone unless enclosed on all sides (except the entrance) by a wall not less than eight (8) feet in height. In addition, the planning commission may require screening walls or enclosures for any loading berth if it determines that such screening is necessary to mitigate the visual impacts of the facility.

c.

Off-street loading facilities shall be located on the same site as the use served.

d.

No area allocated to loading facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading facilities.

e.

No loading berth which is provided for the purpose of complying with the provisions of this section shall hereafter be eliminated, reduced, or converted in any manner below the requirements established in this title, unless

equivalent facilities are provided elsewhere, conforming to this chapter.

F.

Parking Lot Surfacing.

1.

All parking areas shall be designed and built with positive drainage to an approved drainage conveyance. No ponding shall be permitted.

2.

All parking and maneuvering areas shall be paved with paving blocks or asphaltic or portland concrete over the appropriate asphaltic base. The structural section of the pavement and base material shall be commensurate with the anticipated loading and shall be calculated in accordance with the method promulgated by the California Department of Transportation (Caltrans).

G.

Valet Parking.

1.

Valet parking shall be reviewed by the planning commission in conjunction with the site development permit or other entitlement for the use or separately as a minor use permit per the procedures of Section 9.210.025.

2.

When valet parking is provided, a minimum of twenty-five percent (25%) of the required parking area shall be designated and arranged for self-parking to prevent on-street parking and blocking of fire lanes.

H.

Shopping Cart Storage.

1.

Every use which utilizes shopping carts shall provide a shopping cart collection area or cart racks.

2.

Cart racks shall be distributed so that no parking space within the facility is more than one hundred (100) feet from the nearest cart rack in order to prevent parking spaces from being lost to the random abandonment of shopping carts.

3.

Each cart rack shall include either a steel frame or curbs on the lower side to contain the shopping carts.

4.

If sidewalks adjacent to stores are used for temporary storage of assembled shopping carts, such sidewalks shall be designed with extra width so that pedestrian flows are not blocked by shopping carts. The planning

commission may also require a screening wall or landscape screening in front of such a cart storage area.

I.

Underground and Decked Parking.

1.

The minimum dimensions for underground, decked or covered parking shall be as required for uncovered surface area parking as specified throughout this section, except additional minimum dimensions may be required for specific circulation conditions or structural impediments created by the parking structure.

2.

Landscaping shall be incorporated into parking structures to blend them into the environment. This shall include perimeter grade planting and rooftop landscaping as deemed appropriate by the planning commission.

3.

Parking structures shall be subject to site development permit review in all cases.

4.

Multiple-level parking structures shall contain light wells (minimum dimensions: twenty (20) by twenty (20)), placed at least every two hundred (200) feet. The base elevation of the light well shall be landscaped.

5.

The planning commission may require that upper levels be set back from the level immediately below in order to minimize the apparent mass of the structure from the street.

J.

Lighting of Parking and Loading Areas.

1.

Illumination of parking and loading areas shall conform to the requirements of this subsection and Section 9.100.150 (Outdoor lighting).

2.

Light standard heights shall be as per manufacturer's recommended photo metrics, but in no case shall the height exceed the maximum permitted building height of the zone in which it is situated or eighteen (18) feet (measured from finish grade at the base of the standard), whichever is greater. Graduated light standard heights within a site with lower heights in peripheral areas may be required by the planning commission to provide compatibility with adjoining properties and streets.

3.

Average illumination levels at finish grade in parking areas which require lighting shall be between one (1) and two (2) foot-candles, with a maximum ratio of average light to minimum light of three (3) to one (1). Lighting plans shall take into account the placement and growth of landscape materials.

K.

Screening of Parking Areas.

1.

Screening Required. Except for single-family detached, single-family attached and duplex residential, all parking areas shall be screened by means of walls or other materials in accordance with this subsection.

2.

Height. Screening shall be a minimum of three (3) feet high adjacent to public streets or nonresidential uses and a minimum of six (6) feet high adjacent to residential uses, except that screening shall not exceed thirty (30) inches high where required for motorist sight distances as specified in Section 9.100.030.

3.

Screening Walls.

a.

Wall Materials. Walls shall consist of concrete, stucco, plaster, stone, brick, tile or similar type of solid material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings.

b.

Wall Articulation. To avoid visual monotony, long straight stretches of wall or fence shall be avoided. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), pilasters, open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures. Screening walls or fences may also include open portions (tubular steel, wrought iron, etc.) if the city determines that the desired screening of parking areas and noise attenuation is still achieved.

c.

Wall Planting. Shrubs and/or vines shall be planted on one (1) or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the city. Where any parking or driveway abuts a wall on property within a residential or commercial district, a minimum three and one-half (3½) foot wide landscaped planter, with a curb, shall separate the parking area or driveway from the property line, unless a greater setback is required by any other provisions of this chapter.

4.

Other Screening Materials. In addition to walls, if approved by the decision-making authority, screening may consist of one (1) or a combination of the following materials:

a.

Plant Screens and Berms. Plant materials, when used as a screen, shall consist of compact evergreen plants or landscaped berms (earthen mounds). Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two (2) feet within eighteen (18) months after initial installation. Width of landscape strips and other landscaping standards shall be in accordance with subsection L of this section.

b.

Solid Fences. If permitted in the zoning district, a solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two (2) inches and shall form an opaque screen.

c.

Open Fences. An open weave or mesh-type fence shall be combined with plant materials to form an opaque screen.

L.

Parking Facility Landscaping.

1.

Purpose. Landscaping of parking lots is beneficial to the public welfare in that such landscaping minimizes nuisances such as noise and glare, provides needed shade in the desert climate, and enhances the visual environment. Therefore, landscaping shall be incorporated into the design of all off-street parking areas in accordance with this subsection.

2.

Preservation of Existing Trees. Where trees already exist, the parking lot shall be designed to preserve as many such trees as feasible (in the opinion of the decision-making authority) in order to make the best use of the existing growth and shade.

3.

Screening. Screening of parking areas shall be provided in accordance with subsection K of this section.

4.

Perimeter Landscaping. Whenever any parking area, except that provided for single-family dwellings, adjoins a street right-of-way, a perimeter planting strip between the right-of-way and the parking area shall be landscaped and continuously maintained. The width of the planting strip, measured from the ultimate property line (i.e., after street dedication), shall be in accordance with Table 9-15.

Table 9-15 Required Perimeter Landscaping

Interior Landscaping.

a.

Within open parking lots (i.e., not including parking structures) containing four (4) or more parking spaces, landscaping equal to at least five percent (5%) of the net parking area shall be provided within parking areas. Perimeter planting strips shall not be credited toward this interior landscaping requirement.

b.

All open areas between curbs or walls and the property line shall be permanently landscaped and continuously maintained.

c.

Interior landscaping shall be distributed evenly throughout the entire parking area.

d.

All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six (6) inches higher than the parking or vehicular area to prevent damage to the landscaped area.

6.

Parking Lot Shading. Canopy-type trees shall be placed so as to shade a portion of the total parking area within fifteen (15) years in accordance with Table 9-16.

Table 9-16 Required Parking Lot Shading

a.

A shade plan shall be submitted with detailed landscaping plans which show canopies after fifteen (15) years growth to confirm compliance with the above percentage requirements.

b.

Shade structures, such as trellises, may be credited for up to fifty percent (50%) of the required parking lot shading specified in Table 9-16.

c.

Tree locations should not interfere with required lighting of public areas or parking areas.

7.

Landscaped Planters. All planter beds containing trees shall be at least six (6) feet in width or diameter. All landscape planter beds not containing trees shall be at least three (3) feet in width or diameter.

8.

Curbs Required. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or landscape planter at least six (6) inches higher than the parking or vehicular area.

9.

Irrigation. Effective full-coverage irrigation systems shall be installed and maintained in all landscaped areas so that landscaping remains in a healthy growing condition and in compliance with the approved plan. All dead vegetation shall be removed and replaced with the same size and species plant material. Hose bibs shall be placed at intervals of not less than two hundred (200) feet. Irrigation water shall be contained within property lines.

10.

Landscaping of Undeveloped Areas. All undeveloped areas within the interior of any parking area, such as pads for future development, shall be landscaped with appropriate plant material and maintained in good condition.

11.

Landscape Plans. Landscape plans shall be submitted in conjunction with grading and other development plans for all parking facilities with four (4) or more spaces, except for single-family detached, single-family attached and duplex residential. Plans shall include all planting, hardscape, irrigation and other items required by this subsection. Plant lists shall be included giving the botanical and common names of the plants to be used and the container size at time of planting.

M.

Nonconforming Parking. The continuation of uses with parking which does not conform to the provisions of this Chapter 9.150 shall be subject to the provisions of Chapter 9.270 (Nonconformities).

(Ord. 577 § 1, 2019; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 505 § 1, 2012; Ord. 414 § 1, 2005; Ord. 361 § 1, 2001; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

Handicap Parking Facilities Required. Public accommodations or facilities, including industrial, commercial, professional, institutional and multifamily dwellings of five (5) or more units, shall provide parking spaces for the physically handicapped in compliance with the federal Americans with Disabilities Act (ADA).

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

9.150.100 - Nonconforming parking.

A.

Continuation of Uses. A use which was a legal use on the effective date of this code shall be allowed to continue in operation at whatever parking ratio was in effect at the time the use was established, provided such use was properly permitted and parked in accordance with the regulations in effect at that time.

B.

Expansions and Additions. Unless otherwise provided in this code, any additional uses, intensifications of use, expansions or changes of use which generate a need for added parking shall comply with Chapter 9.150

(Parking). Only the changed portion of the use will be required to conform to said chapter unless an overriding public safety issue, confirmed by the planning commission and the city council, requires a redesign of the existing parking.

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

Chapter 9.160 - SIGNS

9.160.010 - Purpose and intent.

Purpose. These regulations are intended to implement the goals and policies of the general plan by:

A.

Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces;

B.

Preserving and improving the appearance of the city as a place to live, work and visit;

C.

Encouraging sound signing practices to aid business and provide directional information to the public;

D.

Ensuring that signs effectively identify business and other establishments;

E.

Preventing excessive and confusing signing displays;

F.

Reducing traffic hazards and promoting the public health, safety and welfare by minimizing visual competition among signs.

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

9.160.020 - Exempt signs.

A.

Signs Not Requiring Sign Permits. The signs listed in Table 9-17 following do not require a sign permit nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. However, this exemption shall not be construed as relieving the sign owner of the responsibility of: (1) obtaining any building or other permits required for sign erection, if any; (2) proper sign maintenance; or (3) compliance with applicable provisions of this chapter or of any other law or ordinance. Exempt signs shall not be illuminated nor placed within any public right-of-way unless specifically permitted herein below.

Table 9-17 Exempt Signs Not Requiring a Sign Permit*

*In this table:

"n/a" means not applicable or no restriction. "Building-mounted" means signs mounted flush-to-wall only.

B.

Repainting. The repainting of a sign in original colors shall not be considered an erection or alteration which requires sign approval unless a structural, text or design change is made.

(Ord. 550 § 1, 2016; Ord. 468 § 1, 2009; Ord. 394 § 2, 2003; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

9.160.030 - General sign standards.

A.

Applicability. Signs in the city of La Quinta, including exempt, permanent, semipermanent and temporary signs, are subject to the general standards of this section.

B.

Planned Sign Programs. Planned sign program review is required, per the provisions of Section 9.160.090(D), for submissions which: (1) include three (3) or more permanent signs; (2) are in conjunction with review of a site development permit by the planning commission; or (3) include a request for a sign adjustment to a sign previously approved under a planned sign program.

C.

Interpretation of Provisions. Where a matter of interpretation arises regarding the provisions of this chapter, the more specific definition or more rigorous standard shall prevail. Whenever the director determines that the application of any provision of this chapter is uncertain, the issue shall be referred to the planning commission for determination.

D.

Application of Standards. If the director determines that a staff-reviewed sign does not conform to one (1) or more of the general standards set forth in this section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment.

E.

Measurement of Sign Area. Sign area shall be measured as follows:

1.

Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following.

3.

Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters.

4.

Double-Faced Signs. If a sign is double-faced with only one (1) face visible from any ground position at one (1) time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty (20) square feet, a double-faced sign may have an area of twenty (20) square feet per face.

5.

Three (3)-Dimensional Signs. If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is only five (5) square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

F.

Measurement of Sign Height. Sign height shall be measured as follows:

1.

Building-Mounted Signs. The height of building-mounted signs shall be measured from the average finish grade directly beneath the sign.

2.

Freestanding Signs. The height of a freestanding sign shall be measured from the top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the director determines

that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign.

G.

Sign Placement.

1.

Setback From Street. Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030(D).

2.

No Off-Premises Signs. All signs shall be located on the same premises as the land use, business and/or activity identified by the sign, unless specifically permitted to be off-premises under the provisions of this chapter, or incorporated and approved as part of a temporary use permit application.

3.

Utility Lines. No sign shall be located closer to overhead utility lines than the distance prescribed by California law or by the rules duly promulgated by agencies of the state or by the applicable public utility.

4.

Traffic Safety. No sign shall be located in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.

5.

Public Right-of-Way. No sign shall be located within, over or across a public right-of-way unless specifically permitted in this chapter.

H.

Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to avoid undue brightness, glare or reflection of light on private or public property in the surrounding area so as to avoid unreasonably distracting pedestrians or motorists. "Undue brightness" is illumination in excess of that which is reasonably necessary to make the sign reasonably visible to the average person on an adjacent street. Illuminated signs which face or are adjacent to residentially zoned property shall be restricted to minimize the illumination, glare or reflection of light which is visible from the residentially zoned property.

I.

Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts. Exposed surfaces shall be kept clean, in good repair and painted where paint is required. The director may request the director of building and safety to order the repair or removal of any sign determined by the director to be unsafe, defective, damaged or substantially deteriorated.

J.

Landscaping of Freestanding Signs. All freestanding signs shall include, as part of their design, landscaping and/or hardscaping about their base so as to prevent vehicles from hitting the sign, to improve the overall appearance of the installation, and to screen light fixtures and other appurtenances. The applicant shall maintain all landscape areas in a healthy and viable condition.

K.

Inspection. All sign owners and users shall permit the periodic inspection of their signs by the city upon ten (10) days' notice.

L.

Specific Plan Standards to Apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with the criteria established by such plan or area.

(Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 284 § 1, 1996)

Signs identified in Table 9-18 are permitted in residential districts subject to approval of a sign permit per Section 9.160.090.

Table 9-18 Permanent Signs Permitted in Residential Districts With a Sign Permit

Notes:

Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.60.030. "ID" means identification sign.

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

Signs identified in Table 9-19 following are permitted in nonresidential districts subject to approval of a sign permit per Section 9.160.090.

Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign Permit

Notes:

Freestanding signs shall not be located within five (5) feet of a street right-of-way nor within a corner cutoff area identified in Section 9.100.030. "ID" means identification sign.

Signs required by law shall be allowed at the minimum size specified by such law.

(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 480 § 1, 2010; Ord. 284 § 1, 1996)

9.160.060 - Permitted temporary signs.

A.

Definition. See Chapter 9.280.

B.

Maximum Time Periods. No temporary sign shall be posted for more than forty-five (45) consecutive days nor shall such temporary sign or sign displaying similar messages regarding the same event, if any, which is the subject of such temporary sign be reposted upon the same site, or any site which is visible from the original site, within ninety (90) days of the removal of the original temporary sign. In addition, all temporary signs shall be removed within seven (7) days after the occurrence of the event, if any, which is the subject of the temporary sign.

C.

Maximum Sign Area. Except where an approval is obtained under subsection F of this section, temporary signs placed on public property may not exceed six (6) square feet in area and temporary signs placed on private property may not exceed twelve (12) square feet in area. The aggregate area of all temporary signs maintained on any private property parcel of real property in one (1) ownership may not exceed twenty-four (24) square feet. Area shall be calculated on the basis of the entire sign area, as designated in Section 9.160.030.

D.

Maximum Height. Freestanding temporary signs which are placed on public or private property shall not exceed six (6) feet in height. Temporary signs which are posted, attached or affixed to private multiple-floor buildings shall not be placed higher than eight (8) feet or the finish floor line of the second floor of such buildings, whichever is less, and temporary signs which are posted, attached or affixed to private single-floor buildings shall not be higher than the eave line or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign.

E.

Maximum Number. In no case shall the total number of temporary signs for any permit exceed one hundred (100).

F.

Placement Restrictions. Temporary signs shall not be posted on sidewalk surfaces, mailboxes, utility boxes, electric light or power or telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys, life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs shall not be located closer than five (5) feet from the edge of the paved area of any public road or street and shall not be posted within any median located in a public road or street. Temporary signs shall be placed no less than two hundred (200) feet apart from identical or substantially similar temporary signs placed within the city limits. Temporary signs shall not be posted in a manner which obstructs the visibility of traffic or street signs or signals or emergency equipment.

G.

Sign Permit Required. Any person, business, campaign organization, or other entity who proposes to post one (1) or more temporary signs on public property and/or four (4) or more temporary signs on private property shall make application to the planning division for a sign permit. To insure sign removal upon expiration of the permitted posting time, a deposit as established by city council resolution shall be paid in conjunction with the issuance of the sign permit. Upon the successful removal of all temporary signs, up to one hundred percent (100%) of the deposit shall be refunded to the applicant. However, violations of the temporary sign provisions may result in up to fifty percent (50%) of said deposit being retained by the city.

1.

Statement of Responsibility Required. Each applicant for a temporary sign permit shall submit to the planning division a statement of responsibility certifying a natural person who will be responsible for removing each temporary sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section.

2.

Standards for Approval.

a.

Within ten (10) business days of the planning division's receipt of a temporary sign permit application, the director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for temporary signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape, and the provisions of this section.

b.

The director's decision with respect to a permit application for a temporary sign may be appealed to the planning commission.

H.

Maintenance and Removal of Temporary Signs.

1.

Maintenance. All temporary signs shall be constantly maintained in a state of security, safety and good repair.

2.

Removal from Public Property. If the city determines that a temporary sign located on public property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, it may be removed summarily. If the sign contains identification, the owner shall be notified that the sign may be recovered within five (5) days of the date of notice.

3.

Removal from Private Property. If the city finds that a temporary sign located on private property is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the temporary sign, or the person who has claimed responsibility for the temporary sign pursuant to Section 1.01.300 of this code, that the temporary sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the temporary sign or responsible person to remove or alter such temporary sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each temporary sign which is in violation. If the owner of the temporary sign or the person responsible therefor fails to comply with the notice within five (5) days after such notice is given, the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to be removed and the cost thereof shall be payable by the owner or person responsible for the temporary sign to the city.

I.

The placement of temporary signs for existing commercial businesses during the construction of any department of public works contract over forty-five (45) days in length, where the ingress and egress points to a commercial establishment, have been interrupted, and further when the construction/modification of the public street involves a distance of more than three thousand (3,000) feet in length, the above regulations pertaining to temporary signs and the associated processing fees, shall not be enforced for the duration of the department of public works street contract. However, the placement of temporary signs must not interfere with site visibility for vehicular movement.

J.

Commercial business banners advertising grand openings, sales, and seasonal and/or temporary events are allowed up to four (4) times per calendar year, with a maximum time period of fourteen (14) consecutive days, and a minimum of thirty (30) consecutive days between each placement period. The banners shall be located within nonresidential zoning districts, with a maximum of one (1) banner per street frontage and one (1) per parking lot frontage, and a maximum of two (2) banners per business. A sign permit shall be required for each placement

period. The banner(s) shall consist of light-weight fabric or similar material attached to the building wall below the eave line. The banner(s) shall be non-illuminated and its size shall not exceed thirty-two (32) square feet.

K.

Garage, Patio, Yard Sale Advertising. Two (2) signs are permitted; one (1) on-site and one (1) at the nearest intersection. The on-site sign shall be located on the property where the sale is being conducted. Signs are not permitted in rights-of-way or on any utility poles, street signs, or traffic control posts.

(Ord. 577 § 1, 2019; Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 479 § 1, 2010; Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

9.160.070 - Permitted semi-permanent signs.

A.

Definition. See Chapter 9.280.

B.

Maximum Time Periods. No semi-permanent sign shall be posted for more than one (1) year. In addition, all semipermanent signs shall be removed within ten (10) days after the occurrence of the event, if any, which is the subject of the semi-permanent sign. (For example, a semi-permanent sign advertising the future construction of a facility on the site shall be removed within ten (10) days after the facility has received a certificate of occupancy, and a model home complex identification sign shall be removed within ten (10) days after the model homes are completed and sold.) The date of posting and permit number shall be permanently and legibly marked on the lower right-hand corner of the face of the sign.

C.

Maximum Sign Area. Semi-permanent signs may not exceed thirty-two (32) square feet in area. The aggregate area of all semi-permanent signs placed or maintained on any parcel of real property in one (1) ownership shall not exceed sixty-four (64) square feet. Area shall be calculated on the basis of the entire sign area, as defined in Section 9.160.030.

D.

Maximum Height. Freestanding semi-permanent signs shall not exceed eight (8) feet in height. Semi-permanent signs which are posted, attached or affixed to multiple-floor buildings shall not be placed higher than the finish floor line of the second floor of such buildings and such signs posted, attached or affixed to single-floor buildings shall not be higher than the eaveline or top of wall of the building. All heights shall be measured to the highest point of the surface of the sign.

E.

Maximum Number. In no case shall the number of signs on any parcel exceed ten (10).

F.

Placement Restrictions. Semi-permanent signs may not be posted on public property, as defined in Section 9.160.130. Semi-permanent signs may not be posted in a manner which obstructs the visibility of traffic or street

signs or signals or emergency equipment. Temporary signs may not be posted on sites approved for semipermanent signs unless specifically authorized by the semi-permanent sign permit.

G.

Sign Permit Required. Any person, business, campaign organization or other entity who proposes to post or erect a semi-permanent sign shall make application to the planning division for a semi-permanent sign permit.

1.

Statement of Responsibility Required. Each applicant for a semi-permanent sign permit shall submit to the planning division a statement of responsibility certifying a natural person who will be responsible for removing each semi-permanent sign for which a permit is issued by the date removal is required, and who will reimburse the city for any costs incurred by the city in removing each such sign which violates the provisions of this section.

2.

Standards for Approval.

a.

Within ten (10) business days of the planning division's receipt of a semi-permanent sign permit application, the director shall approve or disapprove such application. If the director disapproves an application, the notice of disapproval shall specify the reasons for disapproval. The director shall approve or disapprove any permit application for semi-permanent signs based on character, location and design, including design elements such as materials, letter style, colors, sign type or shape and the provisions of this section.

b.

In any event, no permit application shall be approved which proposes to place in excess of ten (10) semipermanent signs on private or public property which will be visible simultaneously from a single location and orientation within the boundaries of the city.

c.

The director's decision with respect to a permit application for a semi-permanent sign may be appealed to the planning commission.

H.

Time Extensions. The applicant may apply for a time extension of up to one (1) year from the date of expiration. The director shall approve the application for an extension of time upon finding that the semi-permanent sign is otherwise in compliance with the requirements of this section and that the time extension is necessary to accomplish the purposes for which the semi-permanent sign has been posted.

I.

Maintenance and Removal of Semi-Permanent Signs.

1.

Maintenance. All semi-permanent signs shall be constantly maintained in a state of security, safety and good repair.

2.

Removal. If the city finds that any semi-permanent sign is unsafe or insecure, is a menace to public safety or has been constructed, erected, relocated or altered in violation of this section, the city shall give written notice to the owner of the semi-permanent sign, or the person who has claimed responsibility for the semi-permanent sign pursuant to Section 1.01.300 of this code, that the semi-permanent sign is in violation of this section, shall specify the nature of the violation, and shall direct the owner of the semi-permanent sign or responsible person to remove or alter such semi-permanent sign. If the city cannot determine the owner of the sign or person responsible therefor, the city shall post such notice on or adjacent to each semi-permanent sign which is in violation. If the owner of the semi-permanent sign or the person responsible therefor fails to comply with the notice within five (5) days after such notice is given the semi-permanent sign shall be deemed abandoned, and the city may cause such semi-permanent sign to be removed and the cost thereof shall be payable by the owner or person responsible for the semi-permanent sign to the city.

(Ord. 564 § 1, 2017; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

9.160.080 - Semipermanent downtown village directional signs.

A.

Purpose. To provide vehicular direction to specific businesses which, due to their location within the boundaries of the Village commercial zoning district and away from major arterials, are difficult to find.

B.

Definition. See Chapter 9.280.

C.

Maximum Time Periods. No downtown village directional sign panel shall be installed for more than eleven (11) consecutive months out of any twelve (12)-month period. However, a sign panel may be installed for more than eleven (11) consecutive months if there is no waiting list for commercial business on that sign panel. A log containing the installation date of all sign panels shall be maintained by the contracted group or agency. This log shall be made available to the city upon request, and submitted annually to the city.

D.

Monument Base Structure, Size and Standards. Downtown village directional sign panels shall only be installed in approved monument base structures which conform to the following standards:

1.

Structures shall not exceed eight (8) feet in height and six (6) feet in width.

2.

Structures shall contain no more than eight (8) sign panels per face or side.

3.

Structures shall have no more than two (2) faces or sides.

Structure shall include, at the top, a decorative cap or sign of maximum two (2) feet six (6) inches high and six (6) feet wide.

5.

The base shall be constructed of block, brick, wood, stone or other similar material.

6.

No tag, sign, streamer, device, display board or other attachment may be added or placed upon the structure.

E.

Sign Panel Size and Standards. Downtown village directional sign panels which are mounted in the monument base structures shall be eight (8) inches in height and five (5) feet wide, and shall conform to the following standards:

1.

The use of such sign panels shall be for the sole identification of any commercial businesses located and operating within the boundaries of the Village commercial zoning district.

2.

Each sign panel shall contain the name of the business and a directional arrow on no more than two (2) lines.

3.

Indirect lighting may be provided as set forth in Section 9.100.150.

F.

Sign Locations. Five (5) structures shall be allowed: The specific location at each intersection shall be approved by the director and the director of public works. The structures may be located in the city's right-of-way. If located in the right-of-way, an encroachment permit shall be obtained from the director of public works. The structures shall be located for maximum readability and traffic/pedestrian safety.

G.

Installation. The city shall have the discretion to contract with a nonprofit group or nongovernmental agency to install and manage the sign panels and structures. Fees may be charged only to the extent necessary to cover costs for installation and subsequent maintenance. The group or agency chosen to administer the semipermanent downtown village directional sign program shall sign a memorandum of agreement with the city setting forth the scope of responsibilities and services to be provided.

H.

Maintenance. The group or agency contracted to install and manage the sign panels and structures shall be responsible for maintaining the panels and structures in good order at all times. Upon request by the city, sign panels and structures shall be repaired and/or maintained within thirty (30) days of such request. Failure to repair/maintain sign panels and structures shall be cause for city to request removal or to remove.

(Ord. 550 § 1, 2016; Ord. 401 § 1, 2004; Ord. 284 § 1, 1996)

9.160.090 - Sign permit review.

A.

Sign Permit Required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering or displaying any sign on private property within the city, unless the review procedure is exempt under Section 9.160.020 of this chapter or other provisions of this chapter. Signs requiring approval shall comply with the provisions of this chapter and all other applicable laws and ordinances. Signs legally existing prior to the effective date of the ordinance codified in this chapter shall not require approval until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this chapter shall apply before a sign permit and/or building permit is issued.

B.

Submission Materials. The following shall be submitted by the applicant to the planning division at the time of permit application unless otherwise modified by the director:

1.

Completed sign application obtained from the city;

2.

Appropriate sign plans with number of copies and exhibits as required in the application;

3.

Appropriate fees as established by city council resolution;

4.

Letter of consent or authorization from the property owner, or lessor, or authorized agent of the building or premises upon which the sign is to be erected;

5.

Sign plans with the following information:

a.

Sign elevation drawing indicating overall and letter/figure/design dimensions, colors, materials, proposed copy and illumination method,

b.

Site plan indicating the location of all main and accessory signs existing or proposed for the site with dimensions, color, material, copy and method of illumination indicated for each,

c.

Building elevations with signs depicted (for building-mounted signs).

C.

Review Procedures—Standard Sign Application.

1.

The standard sign application is used by the planning division to process the following sign applications using the standards and provisions contained in this chapter:

a.

Two (2) or less permanent signs;

b.

Signs in conformance with a previously approved planned sign program pursuant to subsection D of this section.

2.

The director or other authorized staff member shall review standard sign applications and shall make a determination to either approve, approve with modification or deny the application. The review shall consider the size, design, colors, character and location of the proposed signs.

3.

A standard sign application shall only be approved after a finding that the proposed sign is consistent with the purpose and intent of this chapter and the regulations herein.

D.

Review Procedures—Planned Sign Programs.

1.

Planned Sign Programs. Planned sign program review per the provisions of this subsection is required for submissions which: (a) include three (3) or more permanent signs; (b) are in conjunction with review of a site development permit by the planning commission; or (c) include a request for a sign adjustment to a sign previously approved under a planned sign program.

2.

The director shall make a determination to either approve, approve with modifications, or deny planned sign program applications in conjunction with its review of the associated development project.

3.

The director, upon completion of its review, may attach appropriate conditions to any sign program approval. In order to approve a planned sign program, the commission must find that:

a.

The sign program is consistent with the purpose and intent of this chapter;

b.

The sign program is in harmony with and visually related to:

i.

All signs within the planned sign program, via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape,

ii.

The buildings they identify. This may be accomplished by utilizing materials, colors, or design motif included in the building being identified,

iii.

Surrounding development. Implementation of the planned sign program will not adversely affect surrounding land uses or obscure adjacent conforming signs.

4.

Modification of signs within a previously approved sign program shall be reviewed by the director.

E.

Sign Adjustments. Adjustments to planned sign programs to permit additional sign area, additional numbers of signs, an alternative sign location, an alternative type of signage, new illumination or additional height may be granted by the director. Applications for sign adjustments shall be submitted in writing on forms provided by the director. The director shall make one (1) or more of the following findings in conjunction with approval of a sign adjustment:

1.

Additional Area.

a.

To overcome a disadvantage as a result of an exceptional setback between the street and the sign or orientation of the sign location;

b.

To achieve an effect which is essentially architectural, sculptural or graphic art;

c.

To permit more sign area in a single sign than is allowed, but less than the total sign area allowed on the site, where a more orderly and concise pattern of signing will result;

d.

To allow a sign to be in proper scale with its building or use;

e.

To allow a sign compatible with other conforming signs in the vicinity;

f.

To establish the allowable amount and location of signing when no street frontage exists or when, due to an unusual lot shape (e.g., flag lot), the street frontage is excessively narrow in proportion to the average width of the lot.

2.

Additional Number. To compensate for inadequate visibility, or to facilitate good design balance.

3.

Alternative Locations.

a.

To transfer area from one (1) wall to another wall or to a freestanding sign upon the finding that such alternative location is necessary to overcome a disadvantage caused by an unfavorable orientation of the front wall to the street or parking lot or an exceptional setback;

b.

To permit the placement of a sign on an access easement to a lot not having street frontage, at a point where viewable from the adjoining public street. In addition to any other requirements, the applicant shall submit evidence of the legal right to establish and maintain a sign within the access easement;

c.

Additionally, alternative on-site locations may be granted in order to further the intent and purposes of this chapter or where normal placement would conflict with the architectural design of a structure.

4.

Alternative Type of Sign. To facilitate compatibility with the architecture of structure(s) on the site and improve the overall appearance on the site.

5.

Additional Height. To permit additional height to overcome a visibility disadvantage.

F.

Disposition of Plans.

1.

When revisions to sign plans are required as a condition of approval, the applicant shall submit the required number of copies of the revised plans to the planning division to be stamped "Approved." The department will retain copies and a set will be returned to the applicant.

2.

After approval is granted, it shall be the responsibility of the applicant to submit all required applications, plans, bonds, and fees to the building and safety department and the planning division for issuance of the building permit.

G.

Sign Permit Expiration and Time Extensions.

1.

Approval of a standard application or planned program application shall expire one (1) year from its effective date unless the sign has been erected or a different expiration date is stipulated at the time of approval. Prior to the expiration of the approval, the applicant may apply to the director for an extension of up to one (1) year from the date of expiration. The director may make minor modifications or may deny further extensions of the approved sign or signs at the time of extension if the director finds that there has been a substantial change in circumstances.

2.

The expiration date of the sign approval(s) shall automatically be extended to concur with the expiration date of building permits or other permits relating to the installation of the sign.

3.

A sign approval shall expire and become void if the circumstances or facts upon which the approval was granted changes through some subsequent action by the owner or lessees such that the sign would not be permitted per this chapter under the new circumstances.

H.

Appeals. Any decision of the director made pursuant to this chapter may be appealed to the planning commission in accordance with Section 9.200.110 of this code.

(Ord. 564 § 1, 2017; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

The signs and displays listed in this section are prohibited. Such signs are subject to removal by the city at the owner's or user's expense. Prohibited signs include the following:

1.

Any sign not in accordance with the provisions of this chapter;

2.

Abandoned signs;

3.

Rotating, revolving or otherwise moving signs;

4.

Trailer signs and other signs with directional arrows affixed to vehicles which are used exclusively or primarily for advertising, unless specifically permitted;

Flags, pennants, streamers, spinners, festoons, windsocks, valances or similar displays, unless specifically permitted in this chapter;

6.

Animated or flashing signs;

7.

Portable signs, unless specifically permitted in this chapter;

8.

Off-premises signs as defined in Section 9.160.130, unless specifically permitted to be off-premises under the provisions of this chapter, or incorporated and approved as part of a temporary use permit application;

9.

Billboards or outdoor advertising signs;

10.

Signs which identify or advertise activities which are illegal under federal, state or local laws in effect at the location of such signs or activities;

11.

Building-mounted signs placed on or above the roof or above the eave line of any structure;

12.

Signs which purport to be, are an imitation of, or resemble an official traffic sign or signal;

13.

Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic-control sign, signal or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device;

14.

Signs that create a potential safety hazard by obstructing clear view of pedestrian or vehicular traffic;

15.

Signs located upon or projecting over public streets, sidewalks or rights-of-way (unless specific approval has been granted);

16.

Signs attached to utility poles or stop signs or other municipal sign structure;

17.

Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a temporary or special outdoor event permit;

18.

Signs located closer to overhead utility lines than the minimum distance prescribed by California law, or by the rules duly promulgated by agencies of the state or by the applicable public utility;

19.

"For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property;

20.

Neon signs, except those specifically approved as an activity's major identification sign;

21.

Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this chapter;

Advertising statuary;

23.

Any temporary sign or banner, unless specifically permitted in this chapter;

24.

Translucent or transparent signs on internally illuminated awnings so that they allow light to shine through the letters of the copy.

(Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 361 § 1, 2001; Ord. 284 § 1, 1996)

9.160.110 - Nonconforming signs.

A.

Every legal sign in existence on the effective date of this code which does not conform to the provisions of this chapter but which was in conformance with city sign regulations in effect prior to said effective date, shall be deemed a nonconforming sign and may be continued and maintained provided:

1.

The sign is properly maintained and does not in any way endanger the public; and

2.

The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this chapter.

B.

No nonconforming sign shall be changed to another nonconforming sign, changed in any manner that increases the signs noncompliance with the provisions of this chapter, nor expanded or structurally altered so as to extend its useful life. This restriction does not preclude change of sign copy or normal maintenance.

C.

Any nonconforming sign which is damaged or destroyed beyond fifty percent (50%) of its value shall be removed or brought into conformity with the provisions of this chapter. The determination whether a sign is damaged or destroyed beyond such fifty percent (50%) of value shall rest with the director and shall be based upon the actual cost of replacing said sign.

D.

The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign.

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

• 9.160.120 - Enforcement, sign removal and abatement.

A.

Enforcement Responsibility. It shall be the duty of the director or the directors authorized representative to enforce the provisions of this chapter.

B.

Illegal and Abandoned Signs.

1.

Illegal Signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this chapter shall be deemed illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this chapter. Further, in order to discourage the erection of signs without a permit, the director may require that such illegally erected signs be removed prior to review. If the director determines that such removal is not feasible, such illegal signs shall be subject to a tripled sign permit application fee in conjunction with sign review.

2.

Abandoned Signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed within ninety (90) days after the associated enterprise or occupant has vacated the premises or within ninety (90) days after the time, event or purpose which no longer applies has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to removal per subsection E of this section.

C.

Unsafe Public Signs. Any sign deemed by the city to be a danger to the public under any applicable ordinance or other statute shall be repaired or altered to as to be deemed safe by the city or shall be removed pursuant to subsection E of this section.

D.

Expired Temporary and Semi-permanent Signs. A temporary or semi-permanent sign which remains posted beyond the time limits set out therefor in Sections 9.160.060(H) and 9.160.070(I) respectively shall be removed.

E.

Abatement and Removal of Signs.

1.

Abatement Procedures. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community by creating an obstruction to circulation, including, but not limited to, vehicular and pedestrian. The owner of the sign shall be responsible and liable for the removal and disposition of the sign.

a.

Abatement. Upon discovering the existence of an illegal sign, the director shall have the authority to order the immediate abatement and removal thereof. The director shall notify the owner thereof, or the owner's representative, pursuant to Section 1.01.300 of this code. Such notice shall state the time limit, if any, granted for removal of the sign and the statement that the director shall remove the sign after the stated time, the procedure for retrieving a removed sign, and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. The amount of time stated for removal of a sign may be reduced or eliminated if the director determines that the illegal sign constitutes an immediate danger to the health, safety and welfare of the community or is a safety hazard.

b.

Hearings.

i.

Any sign removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within thirty (30) days after such removal and upon the payment of reasonable administrative fees. Such administrative fees shall be waived if, after a hearing to appeal has been requested, a determination is made at such hearing that the fees shall be waived. The administrative fees for the removal and storage of the sign shall be established or modified by resolution of the city council and shall include the actual cost of removal and storage of any sign plus the proportional share of administrative costs in connection therewith.

ii.

Any hearing to appeal an abatement order which is requested shall be conducted by the city manager in accordance with Chapter 2.08. The failure of either the owner or his or her agent to request a hearing shall waive the right to a hearing. At the hearing, the hearing officer shall determine whether good cause was shown for the abatement and removal of the sign. The decision of the hearing officer shall be deemed the final administrative determination. If good cause is shown for the abatement and removal of the sign, the owner or his/her agent shall have fifteen (15) days from the date of the hearing to retrieve his or her sign upon payment of the administrative fee. If good cause is not shown for the abatement and removal of the sign, the administrative fee shall be waived and the owner or his/her agent shall have fifteen (15) days to retrieve his or her sign.

c.

Disposition. Any sign not retrieved by its owner within thirty (30) days after delivering or mailing the abatement notice when such owner has not requested a hearing to appeal, or within thirty (30) days of storage of the sign by the city in all other cases, shall be deemed to be permanently abandoned and may be disposed of by the city.

F.

No City Liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section.

G.

Legal Action. In response to any violation of the provisions of this chapter, the city may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California Government Code Section 36900, or institute a civil action in a court of competent jurisdiction.

(Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For the purposes of this chapter, words and phrases relating to signs shall be defined as follows:

"Abandoned sign" means a sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies.

"Accessory sign" means a sign whose copy refers to the products, facilities or services available on the premises.

"Advertising statuary" means an imitation or representation of a person or thing which is sculptured, molded, modeled or cast in any solid or plastic substance, material or fabric and used to identify or advertise a product or service.

"Advertising vehicles" means any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition.

"Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags.

"Attraction board" means a sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services or coming events on the premises.

"Banner" means a temporary sign made of light-weight fabric, plastic, or similar material hung either with or without frames.

"Billboard" means an off-premises sign with changing advertising copy or other changing copy.

"Building-mounted sign" means a sign affixed to a building, painted directly on a wall or erected against the wall of a building. Building-mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window

signs, projecting signs and under-canopy signs.

"Bulletin board" means a board, kiosk or wall area on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term "bulletin board" shall not include business identification signs or attraction boards.

"Business" means a commercial, office, institutional or industrial establishment.

"Canopy" means a fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.

"Construction sign" or "future facility construction sign" means a sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development.

"Copy" or "sign copy" means any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.

"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.

"Directional sign" means any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy.

"Director" or "planning director" means the planning director for the city of La Quinta or the director's authorized agent or representative.

"Electronic message board sign" means a sign with a fixed or changing display composed of a series of lights, but does not include time and temperature displays.

"Exempt sign" means a sign which is designated in this code as not subject to certain regulations.

"Face of building wall" means the outer surface of any main exterior wall or foundation of a building, including windows and store fronts.

"Fascia" means a parapet-type wall used as part of the fascia of a flat-roofed building and projecting not more than six (6) feet from the building face immediately adjacent thereto. Such a wall shall enclose at least three (3) sides of the projecting flat roof and return to a parapet wall or the building.

"Flag" means a visual display device without copy, made of flexible material, usually cloth, paper or plastic.

"Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs.

"Freestanding sign" means a sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs.

"Garage sale sign" (i.e., yard sales, moving sales, patio sales) means a sign used to announce sale of a used item or items.

"Identification sign" or "ID sign" means a sign whose copy is limited to the name and address of a building, business, office, establishment, person or activity.

"Illumination" means the method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this chapter:

1.

"Direct illumination" means the lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.

2.

"Indirect illumination" means the lighting of an opaque sign face from a light source mounted in front of the face, or the lighting of opaque sign copy (on an opaque sign face) via lights mounted into the copy and shining rearward onto the face to form a lighted "halo" around the copy (e.g., "reverse channel" letters).

"Landscaping" means any material used as a decorative feature, such as shrubbery or planting materials within planter boxes or concrete bases, used in conjunction with a sign which expresses the theme of the sign and related structure but does not contain advertising copy. All landscape areas shall be maintained in a healthy and viable condition for the life of the sign.

"Logo" means a trademark or symbol of an organization.

"Mansard roof sign" means any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two (2) slopes, the lower steeper than the upper, and having a slope of sixty (60) degrees or greater with the horizontal plane.

"Monument sign" means a freestanding sign mounted on a low-profile solid base or a fence, or a freestanding wall, as distinguished from support by poles.

"Multiple-building complex" means more than one (1) structure on a parcel of land housing commercial uses in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide an area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-building complex may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple-tenant commercial use of a single structure or structures in multiple buildings.

"Multiple-tenant (commercial) building" means a commercial development in which there exists a number of separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple-tenant commercial building may, but need not, include common

ownership of the real property upon which the center is located, common-wall construction and multipleoccupant commercial use of a single structure.

"Neon sign" means a sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.

"Off-premises sign" means a sign that incorporates a business name and/or advertises products or services that are located, sold, produced, or otherwise furnished elsewhere than on the premises on which the sign is located.

"On-premises sign" means a sign referring to a person, establishment, merchandise, service, event or entertainment which is located, sold, produced, manufactured, provided or furnished on the premises where the sign is located.

"Parapet wall" means a wall extending above the roof plane of the building.

"Permanent sign" means any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this chapter.

"Political campaign sign" or "political sign" means a sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies.

"Portable sign" or "mobile sign" means a sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign.

"Premises" means a parcel of land including its buildings or other appurtenances.

"Projecting sign" means any sign with two (2) parallel faces no more than eighteen (18) inches apart projecting twelve (12) inches or more from the wall or eaves of a building. No guy wires, braces or secondary supports are visible.

"Private property" means any property other than public property.

"Public property" means any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, streetlamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park or other publicly owned property or structure.

"Public service message center sign" means an electronically or electrically controlled sign or portion of a larger sign which conveys only information such as time, date, temperature, atmospheric condition or general news information where different alternating copy changes are shown on the same lamp bank matrix.

"Real estate sign" means a sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent.

"Roof sign" means any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building.

"Seasonal sales sign" means a sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area.

"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 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.

"Sign area" means the following:

1.

Basic Rule. Sign size or area shall be defined as the entire area of the sign face, including nonstructural perimeter trim but excluding structures or uprights on which the sign is supported.

2.

Window Signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window and not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for wall signs, following.

3.

Individual Letters. The area of wall or window signs composed of individual letters painted on or otherwise affixed to the wall or window shall be considered to be the area within the single continuous perimeter encompassed by a straight-line geometric figure which encloses the extreme limits of the letters or other characters.

4.

Double-Faced Signs. If a sign is double-faced with only one (1) face visible from any ground position at one (1) time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is twenty (20) square feet, a double-faced sign may have an area of twenty (20) square feet per face.

5.

Three (3)-Dimensional Signs. If a sign has three (3) or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four (4) faces and the maximum permitted sign area is twenty (20) square feet, the maximum allowable area for each face is only five (5) square feet.

6.

Separated-Panel Signs. The sign area of open or separated panel signs, i.e., those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.

"Sign face" means the exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.

"Sign height," "height of sign," or "height" means the following:

1.

For building-mounted signs, the distance from the average finish grade directly beneath the sign to the top of the sign.

2.

For freestanding signs, the distance from top of curb of the nearest street (or the edge of pavement of such street where there is no curb) to the top of the sign or any vertical projection thereof, including supporting columns and/or design elements. However, in cases where the director determines that a freestanding sign is not oriented to any particular street or is too far from such a street to reasonably apply the foregoing standard, sign height shall be measured from the average finish grade at the base of the sign.

"Sign permit" means an entitlement from the city to place or erect a sign.

"Sign program" means the method of review and approval of signs by one (1) of the following two (2) procedures:

1.

Standard Sign Application. The review and approval of standard sign applications is conducted by the planning director consistent with the regulations and standards as identified for various signs in this chapter.

2.

Planned Sign Program. The review and approval of applications for signs under this program is conducted by the decision-making authority. The decision-making authority may exercise discretion to provide additional flexibility in the application of the regulations of this chapter.

"Sign structure" means the structural supports, uprights and bracing for a sign.

"Special event sign" means a sign used to announce a circus, carnival, festivals or other similar events.

"Subdivision sign" means a sign containing the name, location or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map and in which homes remain to be constructed or initially sold.

"Under-canopy sign" means a sign suspended beneath a projecting canopy, walkway cover, awning, ceiling or marquee.

"Wall sign" means a sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs.

"Window sign" means any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 284 § 1, 1996)

Chapter 9.170 - WIRELESS TELECOMMUNICATION FACILITIES

9.170.010 - Purpose.

The purpose of this chapter is to provide a uniform and comprehensive set of standards for the development of wireless telecommunication facilities. The regulations contained herein are intended to protect and promote public health, safety, and welfare and the aesthetic quality of the city while providing reasonable opportunities for telecommunication services to provide such services in a safe, effective and efficient manner. These regulations are intended to address the following community concerns:

A.

To minimize adverse visual effects of towers and accessory buildings associated with wireless telecommunication facilities through careful design, siting and vegetative screening;

B.

To avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

C.

To lessen traffic impacts on surrounding residential districts;

D.

To maximize use of any new and existing telecommunication tower and to reduce the number of towers needed;

E.

To ensure radio frequency radiation is in compliance with federal requirements; and

F.

To allow new telecommunication towers in residential areas only if a comparable site is not available outside residential areas.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)

9.170.020 - Definitions.

"Antenna" means any system of wires, poles, rods, panels, reflecting discs or similar devices used for the transmission or reception of radio frequency electromagnetic waves when such system is external or attached to the exterior of a structure.

"Building-mounted" means any antenna, or other antenna associated support equipment resting on the ground, directly attached or affixed to the side of a building, tank, tower or other structure other than a telecommunication tower.

"Co-location" means the placement of two (2) or more wireless telecommunication facilities service providers sharing one (1) support structure or building for the location of their facilities.

"Existing facilities" means an existing structure located in the public right-of-way or a building with an approved site development permit and/or an existing telecommunication facility with a previously approved conditional use permit.

"FAA" means the Federal Aviation Administration.

"FCC" means the Federal Communication Commission.

"FCC OET Bulletin 65" refers to the Federal Communication Commission Office of Engineering and Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields."

"Freestanding towers" include all telecommunication towers used in association with the mounting and/or placement of antenna and associated equipment.

"General population" means all persons who are not direct family members, relatives, or employees of the owner or operator of a source of NIER of the owner or other users of the site of an NIER source.

"Ground-mounted" means an antenna or other antenna associated support equipment with its support structure placed directly on the ground.

"Hand-held source" means a transmitter normally operated while being held in the hands of the user.

"Height of antenna above grade or ground" means the vertical distance between the highest point of the antenna and the finished grade directly below this point.

"Highest calculated NIER level" means the NIER predicted to be highest with all sources of NIER operating.

"Lattice tower" means a three (3) or more legged open structure designed and erected to support wireless telecommunication antennas and connecting appurtenances.

"Monopole" means a single pole structure designed and erected to support wireless telecommunication antennas and connecting appurtenances.

"Roof-mounted" means an antenna directly attached to the roof of an existing building, water tank, tower or structure other than a telecommunication tower.

"Satellite dish" means any device incorporating a reflective surface that is solid, open mesh or bar configuration, that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication/signals in a specific directional pattern.

"Shared capacity" means that capacity for shared use whereby a tower can accommodate multiple users simultaneously. Tower height, antenna weight, design and the effects of wind are prime determinants of capacity.

"Small cell facilities" means any wireless telecommunication facility that meets the following exact conditions:

1.

The structure on which antenna facilities are mounted is:

a.

Fifty (50) feet or less in height, or

b.

No more than ten percent (10%) taller than other adjacent structures, or

c.

Not extended to a height of more than fifty (50) feet or by more than ten percent (10%) above its height as a result of the addition of the facility; and

2.

Each antenna associated with the deployment (excluding the associated equipment with that specific antenna) is no more than three (3) cubic feet in volume; and

3.

All antenna equipment associated with the small cell facility's antennas (but, excluding the antennas themselves) are cumulatively no more than twenty-eight (28) cubic feet in volume; and

4.

The facility does not require antenna structure registration under Title 47, Part 17 of the Code of Federal Regulations; and

5.

The facility is not located on Tribal lands, as defined under Title 36, Section 800.16(x) (or successor provision) of the Code of Federal Regulations; and

6.

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in FCC Rule 1.1307(b).

"Sole-source emitter" means one (1) or more transmitters only one (1) of which normally transmits at a given instant.

"Stealth" means improvements or treatments added to a wireless telecommunication facility which mask or blend the proposed facility into the existing structure or visible backdrop in such a manner as to minimize its visual impacts, or any design of a wireless telecommunication facility to achieve same. Stealth designs may utilize, but do not require, concealment of all components of a facility. Examples of stealthing include, but are not limited to, the design and construction of a tower so that it is disguised as a flagpole, tree, palm or sculpture, or the incorporation of colors and design features of nearby structures.

"Structure" means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services).

"Telecommunication tower" means a monopole or lattice tower.

"Wireless telecommunication facility or facilities" means any structure, antenna, pole, equipment and related improvements, the primary purpose of which is to support the transmission and/or reception of electromagnetic signals, including, but not limited to, telecommunication towers.

"Vehicle source" means a transmitter regularly used in vehicles that normally move about.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)

9.170.030 - Permitted locations.

Location Preferences. Location preferences are provided in furtherance of the purpose of this chapter, as set forth under Section 9.170.010. To the maximum extent feasible, new telecommunication facilities shall be located according to the following preferences, with the most preferred sites listed first:

A.

Major community facilities (MC), parks and recreation (PR), and industrial (I) zoning districts;

B.

All commercial zoning districts;

C.

Very-low density (VRL), residential low density (RL), medium density residential (RM), and medium high density residential (RMH) zoning districts;

D.

High density residential (RH) zoning district; and

E.

Open space (OS) and floodplain (FP) zoning districts.

(Ord. 603 § 1(Exh. A), 2022; Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)

This chapter shall apply to all wireless telecommunication facilities for the transmission and/or reception of wireless radio, television, and other telecommunication signals including, but not limited to, commercial wireless communication systems such as cellular and paging systems, except those facilities defined in this chapter as exempt facilities.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)

The following uses are exempt from this chapter but may be regulated by other sections of the municipal code:

A.

Portable hand-held devices and vehicular transmission;

B.

Industrial, scientific and medical equipment operating at frequencies designated for that purpose by the FCC;

C.

Government-owned communication facilities used primarily to protect health, safety and welfare;

D.

Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services;

E.

A source of nonionizing electromagnetic radiation with an effective radiated power of seven (7) watts or less;

F.

A sole-source emitter with an average output of one (1) kilowatt or less if used for amateur purposes, such as CB radios;

G.

Goods in storage or shipment or on display for sale, provided the goods are not operated except for occasional testing or demonstrations;

H.

Amateur or "ham" radio equipment;

I.

Satellite receiving dishes regulated by Sections 9.60.080 and 9.100.070; and

J.

Any facility specifically exempted under federal or state law.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 284 § 1, 1996)

9.170.060 - Approval standards.

A.

Except as specifically otherwise noted, general approval standards for all telecommunication facilities include:

1.

Compliance with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements;

2.

Addition of the planned equipment to an existing or approved tower shall not result in NIER levels in excess of those permitted by the FCC;

3.

Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible.

B.

Telecommunication Tower Provisions.

All towers shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, to avoid adverse visual impacts to the surrounding properties and the community as a whole.

2.

The base of the tower shall comply with the setback standards in the underlying zoning district, except where additional setbacks under subsection (B)(7) apply.

3.

Towers shall not be located within primary image corridors as designated in the general plan, except those towers proposed to be located within the major community facilities (MC) zoning district.

4.

Reserved.

5.

All new towers shall be designed at the minimum height functionally required. No new telecommunication tower shall exceed one hundred (100) feet in height.

6.

The proposed tower shall be designed structurally to accommodate the maximum number of foreseeable users, including all potential co-location scenarios.

7.

All accessory structures associated with a tower shall comply with the setback standards in the underlying zoning district.

8.

Any guy-wire anchors shall be set back twenty-five (25) feet from any property lines.

9.

Towers shall not be artificially lighted unless required by the FAA or state aeronautics division.

10.

Existing on-site vegetation shall be preserved to the maximum extent feasible.

C.

Roof-Mounted and Building-Mounted Telecommunication Facilities.

1.

All building-mounted facilities shall comply with Section 9.100.050 of this code.

Equipment shall not be visible to surrounding properties.

3.

All equipment shall blend or architecturally match the existing design of the building. Elements used to screen roof-mounted or building-mounted equipment shall not appear as "add-on" elements to the existing building.

D.

Small Cell Facilities.

1.

All small cell facilities shall be required to meet the following standards:

a.

Painted or treated to match the pole and/or structure on which it is to be located.

b.

All wiring shall be enclosed within the antenna, pole and/or structure so that it is not visible from the right-of-way or neighboring parcels.

c.

All antennas shall not exceed twelve (12) inches in diameter and thirty-six (36) inches in height.

d.

All ground-mounted equipment shall be fully screened in equipment cabinets integrated within the base of the pole or in a permanent cabinet located within the landscaped parkway.

e.

All small cell facilities shall incorporate stealth/camouflaged design(s) to the maximum extent feasible, and as allowed by pertinent law, to avoid adverse visual impacts to the surrounding properties and the community as a whole.

2.

Small cell facilities shall only be mounted on the top of, or within the top five (5) feet of a structure.

3.

The associated equipment (as that term is used in the definition of small cell facilities) shall be located within the base of the pole on which the small cell is located, only if such equipment does not impede the path of travel or reduce a sidewalk to a width narrower than that required by the Americans with Disabilities Act (ADA) and/or building code in effect at the time. If appurtenant equipment is to be located in a ground-mounted cabinet, it shall be placed on a permanent foundation in the landscaped parkway of the public right-of-way, and shall be screened by landscaping to the satisfaction of the director.

4.

Small cell facilities shall not be located within twenty-five (25) feet of a residential structure.

5.

Prior to applying for a permit for the development and deployment of a small cell facility, the applicant must demonstrate compliance with either of the following standards (or some combination thereof where necessary):

a.

Where the facility is to be located on city-owned property, the applicant must have a fully executed lease with the city or other reasonable indication that the city has consented to the proposed facility.

b.

Any other application shall be accompanied by proof that the applicant has sufficient rights to install and maintain the proposed facility.

6.

Small cell facilities are not subject to subsection A of this section.

E.

Other Facilities. Other facilities are described as those telecommunication facilities that do not fit the descriptions above. These facilities may include, but are not limited to, rock features and other wireless telecommunication facility designs. All telecommunication facilities shall be stealth to the maximum extent feasible.

(Ord. 603 § 1(Exh. A), 2022; Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)

All new telecommunication facilities shall require a conditional use permit. Additions, such as additional antennas or equipment or size increases, to approved existing telecommunication facilities shall require a minor use permit for director approval. Modifications to approved existing telecommunication facilities shall be reviewed through a building permit. All modifications and/or additions shall be reviewed on a case-by-case basis. Upon review of an application for modification and/or additions to an existing facility, the director may schedule the proposal for a hearing with the planning commission. In all cases, unless otherwise waived by the director, an application for approval of a wireless telecommunication facility shall include, at a minimum:

A.

A site plan or plans drawn to scale and identifying the site boundaries; tower(s); guy wires; existing and proposed facilities; vehicular parking and access; existing vegetation to be added, retained, removed or replaced; and uses, structures and land use and zoning designations on the site and abutting parcels.

B.

A plan drawn to scale showing proposed landscaping, including species type, size, spacing and other features.

C.

Photo simulations showing the proposed wireless telecommunication facility and surrounding features. Photo simulations shall include at least three (3) different angles of the proposed facility at different distances from the

location, including before and after visualizations.

D.

RF maps showing all existing wireless telecommunication facilities within a ten (10)-mile radius of the proposed facility. The RF maps shall show existing coverage without the proposed site, predicted coverage with the proposed site and existing sites, and the predicted coverage of only the proposed site. RF maps shall show the predicted coverage for indoor, in vehicle, and outside service.

E.

The applicant shall provide a project information and justification letter. The letter shall provide the project location, contact information, a project description and project objectives, alternative site analysis and justification for why the proposed site was chosen over existing sites. The letter shall include justification for the selected site and a benefits summary on how the proposed site will improve wireless telecommunication access in the community.

F.

A structural report from a California registered structural engineer. The report shall provide the following information:

1.

Describe the tower and the technical, economic and other reasons for the tower design;

2.

Demonstrate that the tower complies with the applicable structural standards;

3.

Describe the capacity of the tower, including the number and type of antennas that it can accommodate and the basis for the calculation of capacity;

4.

Show that the tower complies with the capacity requested under Section 9.170.060; and

5.

Demonstrate that the proposed sources of NIER are in compliance with FCC guidelines.

G.

The applicant shall request the FAA, FCC, and state aeronautics division to provide a written statement that the proposed tower complies with applicable regulations administered by that agency or that the tower is exempt from those regulations. If each applicable agency does not provide a requested statement after the applicant makes a timely, good-faith effort to obtain it, the application will be accepted for processing. The applicant shall send any subsequently received agency statements to the director.

H.

Evidence that the tower complies with Section 9.170.060(A) and a letter of intent to lease excess space on the tower and excess land on the tower site except to the extent reduced capacity is required under Section 9.170.060.

I.

The applicant shall provide a draft copy of the lease agreement between the tower operator and the property owner to the planning division. Financial information may be blocked out.

J.

A letter of intent, committing the tower owner and his or her successor in interest to:

1.

Respond in a timely, comprehensive manner to any request, required under Section 9.170.060, for information from a potential shared-use applicant, the tower owner may charge a party requesting information under this section to pay a reasonable fee not in excess of the actual cost of preparing a response.

2.

Negotiate in good-faith or shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties.

3.

Allow shared use if an applicant agrees in writing to pay charges and to comply with conditions described in this section.

(Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 579 § 1, 2019; Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)

9.170.080 - Operations and maintenance.

A.

All new telecommunication towers shall be designed within the applicable American National Standards Institutes (ANSI) standards.

B.

No wireless telecommunication facility or combination of facilities shall produce, at any time, power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility.

C.

Each telecommunication facility will be subject to a ten (10)-year review by the planning commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer.

D.

All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the city's noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and this section. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, and general upkeep and maintenance of the site.

E.

All wireless telecommunication facilities and related support equipment shall be designed to prevent unauthorized persons from accessing and/or climbing upon any wireless telecommunication facility or appurtenance thereto. Fences, walls, and other landscape materials shall be installed to prevent unauthorized persons from accessing and/or climbing a wireless telecommunication facility.

F.

All wireless telecommunication facility operators are required to notify the city of La Quinta's planning division within sixty (60) days of any change of ownership of the facility.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)

9.170.090 - Required findings of approval.

The following findings shall be made by the planning commission and/or director prior to approval of any wireless telecommunication facility:

A.

Consistency with General Plan. The wireless telecommunication facility is consistent with the goals, objectives and policies of the general plan;

B.

Public Welfare. Approval of the wireless telecommunication facility will not create conditions materially detrimental to the public health, safety and general welfare;

C.

The proposed wireless telecommunication facility minimizes adverse visual impacts through careful design and site placement;

D.

The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provides objectives for coverage within this portion of the community;

E.

The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to improve community access to wireless service.

(Ord. 579 § 1, 2019; Ord. 550 § 1, 2016; Ord. 492 § 1, 2011)