La Quinta City Zoning Code
CHAPTER 9
10 - GENERAL PROVISIONS
9.10.010 - Title and authority.
A.
Title. This title shall be known as the "city of La Quinta zoning code" or "zoning code." The term "code" shall also mean this title unless clearly indicated otherwise by the context.
B.
Authority and Purpose. This zoning code is adopted for the purpose of promoting the public health, safety and general welfare pursuant to Section 5 of Article XI of the California Constitution, the State Planning and Zoning Law (Government Code Section 65000 et seq.), the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and other applicable state laws.
C.
Objectives. This zoning code is intended to achieve the following objectives:
1.
To implement the city's general plan.
2.
To classify and designate different land uses and structures in appropriate places as designated in the general plan, and to regulate such land uses and structures in order to serve the needs of residential neighborhoods, commerce, recreation, open space and other purposes.
3.
To provide a guide for the development and use of land in the city as required by the State Government Code.
4.
To secure for the residents of the city the social and economic advantages resulting from the planned and orderly use of its land resources.
5.
To establish conditions which allow the various types of land uses to exist in harmony and to promote the stability of existing land uses by protecting them from harmful intrusion.
6.
To prevent undue intensity of land use or development, to avoid population overcrowding, to maintain a suitable balance between developed land and open space, and to protect the natural beauty of the city.
7.
To ensure that adequate off-street parking and loading facilities are provided and maintained for all land uses.
8.
To provide land zoned for schools, parks and other public facilities.
9.
To ensure the provision of affordable housing opportunities.
9.10.020 - Applicability of code.
A.
Compliance Required. No uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformity with this code.
B.
Applicability. This code shall apply to all land within the city.
C.
Limitations on Validity of Permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this code. The issuance of such a permit shall not prevent the city from thereafter requiring the correction of violations of this code or of any other ordinance of the city.
D.
Conflict with Other Regulations. Whenever any provision of this code and other city regulations impose overlapping or contradictory requirements, that provision which is more restrictive or imposes a higher standard shall control except as otherwise expressly provided in this code. Nothing contained in this code shall be deemed to repeal or amend any regulation of the city requiring a permit or license, nor shall any provision of this code be deemed to repeal or amend the city's building regulations.
9.10.030 - Prior agreements and approvals.
A.
Development Agreements. Notwithstanding any provision of this zoning code, any development agreement which is valid as of the effective date of the ordinance codified in this code shall remain in full force and effect until expiration of said agreement. For the purposes of the specific project approved in such a development agreement, permitted land uses, development standards, and other zoning provisions specified in the development agreement shall supersede the provisions of this code.
B.
Approved Development Projects and Permits. Any specific plan, site development permit, grading permit, building permit, or similar entitlement which was issued pursuant to earlier ordinances of the city which is in conflict with this code may nevertheless by continued and the specific construction authorized under the permit may be completed in accordance with the provisions of the permit approval provided the construction complies with all other laws and regulations in effect at the time of the permit approval. However, any project or permit requiring a time extension per Section 9.200.080 shall conform to the requirements and standards in effect at the time the extension is granted.
C.
Approved Subdivision Maps. Any tentative tract or parcel map which was approved pursuant to earlier ordinances of the city and which is in conflict with this code may nevertheless be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time therefor and provided it complies with all other laws and regulations in effect at the time of its approval. Final tract and parcel maps shall be consistent with approved tentative tract or parcel maps and any applicable conditions of approval.
9.10.040 - General plan density and intensity.
The general plan establishes a range of development intensities, composed of densities, unit counts, floor area ratios, or similar measures, for each land area in the city. This zoning code and the city's individual project approvals provide development standards, plans and other factors which shall determine the exact development intensity of each project within the foregoing general plan range. The city reserves the right to limit projects to intensities below the general plan's upper limits.
9.10.050 - Planning agency.
9.10.060 - Code interpretations.
Interpretations of the provisions of this zoning code shall be made by the director. Such interpretations may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral.
9.10.070 - Use of terms.
A.
Rules for Construction of Language. The following general rules of construction shall apply to the textual provisions of this code:
1.
The specific shall supersede the general.
2.
The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making body.
3.
In the case of any difference of meanings or implication between the text regarding a provision of the code and any title, heading, caption or illustration, the text shall control.
4.
Unless the context clearly indicates otherwise, words used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular.
5.
Unless the context clearly indicates otherwise, certain conjunctions shall be interpreted as follows:
a.
"And" indicates that all connected items or provisions shall apply.
b.
"Or" indicates that the connected items or provisions may apply singly or in any combination.
c.
"Either...or" indicates that the connected items or provisions shall apply, but not in combination.
6.
Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city of La Quinta.
7.
"Director" means the city manager or designee.
B.
Time Periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday or a legal city holiday, in which case the next business day shall be the last day of the time period.