Chapter 9.40 — RESIDENTIAL PERMITTED USES — La Quinta Zoning Code

9.40.010 - Development permits required. ¶

This chapter specifies land uses and structures permitted within residential districts. However, in most cases development to establish a use or structure requires approval of a site development permit and/or other permits as set forth in Chapter 9.210.

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

9.40.020 - Conditions for varying residential densities. ¶

A.

Criteria. Consistent with the requirements of the General Plan, there are certain criteria for allowing lower density residential uses in higher density districts and vice versa. Therefore, the criteria in this section shall apply when such variation in permitted uses is proposed.

B.

Lower Density Uses. RVL and/or RL uses may be located in areas designated on the general plan land use policy diagram as high density residential provided:

1.

A specific plan is approved and the overall project density is consistent with that of the general plan.

2.

The decision-making body makes the following findings in addition to those required per Chapter 9.240 (Specific Plans):

a.

The RVL and/or RL residential uses are part of a mixed-use planned development.

b.

Utilities and transportation facilities to the site are designed for the use and density designated on the general plan land use policy diagram.

c.

The RVL and/or RL residential development will not create a deterrent negatively impacting future RMH or RH development.

d.

RVL and/or RL uses are adequately buffered from adjacent RMH and RH uses, commercial sites, and arterial roadways.

If the preceding criteria are not met, a general plan amendment will be required to allow the RVL and/or RL uses in the medium high density General Plan land use designation.

C.

Higher Density Uses. RM, RMH and RH uses may be located in areas designated on the general plan land use map as low density residential, provided:

1.

A specific plan is approved and the overall project density is consistent with that of the general plan land use policy diagram.

2.

The decision-making body makes the following findings in addition to those required per Chapter 9.240 (Specific Plans):

a.

The RM, RH and RMH residential uses are part of a mixed-use planned development.

b.

Utilities and transportation facilities to the site are designed to accommodate the RM, RMH or RH uses.

c.

The RM, RMH or RH uses are located adjacent to or in close proximity to arterial roadways and intersections.

d.

The RM, RHM or RH uses buffer RVL and RL uses from commercial uses and arterial roadways.

e.

The RM, RHM or RH uses are located in close proximity to park/open space uses such as neighborhood and community parks, schools or other recreational facilities, or, if not located in close proximity to these facilities, the RMH or RH uses provide substantial recreational amenities within the development.

3.

If the preceding criteria are not met, a general plan amendment will be required to allow the RM, RMH or RH uses in the low density General Plan land use designation.

D.

Density Transfers. Density transfers may occur in specific plans when common area amenities and open space are provided.

E.

Density Bonus. Density bonus may be granted as provided in Section 9.60.260.

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

9.40.030 - Table of permitted uses.

Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following:

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

"PUD": Planned unit development.

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

"C": Permitted if a conditional use permit is approved.

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

"H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved.

"S": Permitted if a specific plan is approved per Chapter 9.240.

"X": Prohibited in the district.

Table 9-1 Permitted Uses in Residential Districts

P = Permitted use A = Accessory use C = Conditional use permit PUD = Planned unit development M = Minor use permit H = Home occupation permit S = Specifc plan required T= Temporary use permit X = Prohibited use	Very Low Density Residential	Low Density Residential	Cove Residential	Medium Density Residential	Medium- High Density Residential	High Density Residential
Land Use	RVL	RL	RC	RM	RMH	RH
Single-family detached dwellings	P	P	P	P	P	S
Single-family detached patio homes (i.e., "zero lot-line")	PUD	PUD	PUD	PUD	PUD	PUD
Duplexes (two units on the same lot)	PUD	PUD	X	PUD	P	P
Single-family attached dwellings (two units per building with each unit on its own lot)	PUD	PUD	X	PUD	P	P
Townhome dwellings (two or more units per building with each unit on its own lot)	PUD	PUD	X	P	P	P
Condominium multifamily ("airspace" units)	PUD	PUD	X	P	P	P
---	---	---	---	---	---	---
Apartment multifamily (rental units)	X	X	X	P	P	P
Mobilehome parks	C	C	C	C	C	C
Mobilehome subdivisions and manufactured homes on individual lots, subject to Section 9.60.180	P	P	P	P	P	S
Resort residential subject to Section 9.60.310	P	P	X	P	P	P
Guesthouses, subject to Section 9.60.100	A	A	A	A	A	A
Second residential units subject to Section 9.60.090	A	A	A	A	A	A
Group Living and Care Uses
Child day care facilities as an accessory use, serving 6 or fewer children, subject to Section 9.60.190	A	A	A	A	A	A
Child day care facilities as an accessory use, serving 7—14 children, subject to Section 9.60.190	A	A	A	A	A	A
Congregate living facilities, 6 or fewer persons	P	P	P	P	P	X
Congregate care facility	C	C	C	C	C	C
Residential care facilities, 6 or fewer persons	P	P	P	P	P	P
Senior citizen residences, 6 or fewer persons	P	P	P	P	P	P
Senior group housing, 7 or more persons	X	X	X	M	M	M
Time share facilities, subject to Section 9.60.280	M	M	M	M	M	M
Supportive housing	X	X	X	P	P	P
Transitional housing	X	X	X	P	P	P
Open Space and Recreational Uses
Public parks, playfelds and open space	P	P	P	P	P	P
---	---	---	---	---	---	---
Bicycle, equestrian and hiking trails	P	P	P	P	P	P
Clubhouses and community pools/cabanas	P	P	P	P	P	P
Unlighted tennis and other game courts on private property, subject to Section 9.60.150	A	A	A	A	A	A
Lighted tennis and other game courts on private property, subject to Section 9.60.150	M	M	M	M	M	M
Golf courses and country clubs per Section 9.110.040	P	P	P	P	P	P
Driving range with or without lights	M	M	X	M	M	M
Accessory Uses and Structures
Home occupations, subject to Section 9.60.110	A	A	A	A	A	A
Cottage food operations, subject to Section 9.60.115	P	P	P	P	P	P
Patio covers, decks, and gazebos, subject to Section 9.60.040	A	A	A	A	A	A
Fences and walls, subject to Section 9.60.030	P	P	P	P	P	P
Satellite dishes and other antennas subject to Section 9.60.080	A	A	A	A	A	A
Swimming pools, spas and cabanas, subject to Section 9.60.070	A	A	A	A	A	A
Garages and carports, subject to Section 9.60.060	A	A	A	A	A	A
Keeping of household pets, subject to Section 9.60.120	A	A	A	A	A	A
On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to	A	A	X	X	X	X
Section 9.60.120.Hoofed animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres.
---	---	---	---	---	---	---
Other accessory uses and structures which are customarily associated with and subordinate to the principal use on the premises and are consistent with the purpose and intent of the zoning district.	A	A	A	A	A	A
Agricultural Uses
Tree crop farming; greenhouses	P	X	X	X	X	X
Field crop farming	P	M	X	X	X	X
Produce stands, subject to Section 9.100.100	P	T	X	X	X	X
Temporary Uses
Garage sales	A	A	A	A	A	A
Construction and guard ofces, subject to Section 9.60.200	A	A	A	A	A	A
Use of relocatable building	M	M	M	M	M	M
Model home complexes and sales ofces, subject to Section 9.60.240	M	M	M	M	M	M
Special outdoor events, subject to Section 9.60.170	M	M	M	M	M	M
Parking of recreational vehicles, subject to Section 9.60.130	A	A	A	X	X	X
Other Uses
Churches, temples and other places of worship	C	C	C	C	C	C
Museum or gallery displaying sculpture, artwork or crafts, including schools for above, on 20 acres or more	M	M	M	M	M	M
Community recreational vehicle storage lots, noncommercial	A	A	X	A	A	A
Communication towers and equipment (freestanding, new towers) subject to Chapter 9.170	C	C	C	C	C	C
---	---	---	---	---	---	---
Communication towers and equipment (co-location, mounted to existing facility) subject to Chapter 9.170	M	M	M	M	M	M
Utility substations and facilities	M	M	M	M	M	M
Public food control facilities and devices	P	P	P	P	P	P
Other principal, accessory or temporary uses not in this table.	Director or planning commission to determine whether use is permitted in accordance with Section 9.20.040.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 602 Exh. A, 2022; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 2, 2016; Ord. 523 § 1, 2015; Ord. 515 § 1, 2013; Ord. 512 § 1, 2013; Ord. 492 § 1, 2011; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)