This chapter sets forth requirements for outdoor storage, sidewalk sales, service stations, noise control, and other special aspects of land use in nonresidential districts. These requirements are in addition to the other regulations set forth in this zoning code.

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

Refer to Chapter 9.150 for parking regulations and Chapter 9.160 for sign regulations.

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

A.

Purpose. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures.

B.

Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior side, whichever is higher. In addition, the following provisions shall apply to the measurement of fence height:

1.

Open railings, up to forty-eight (48) inches high, placed on top of a retaining or other wall and required for pedestrian safety shall not be included in the height measurement.

2.

Fences thirty (30) inches or more apart (between adjoining faces) shall be considered separate structures and their heights shall be measured independently provided the area between the fences is landscaped and provided with a permanent irrigation system. Fences less than thirty (30) inches apart shall be considered one (1) structure and fence height shall be measured from the base of the lower fence to the top of the higher fence.

C.

Height Standards. The construction and installation of fences shall be in compliance with the following standards:

1.

Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum freestanding fence height shall be twelve (12) feet.

2.

Setback Areas Not Bordering Streets. The maximum height shall be six (6) feet within any required front, rear or side setback area not adjoining a street. However, where the elevation of an adjoining building site is higher than the base of the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the adjoining building site to the top of the fence. Adjacent to any residential district, fence height shall not exceed eight (8) feet measured from either side.

3.

Setback Areas Bordering Street, Alleys and Other Accessways.

a.

Maximum fence height shall be thirty (30) inches within the first ten (10) feet of the required front setback area (measured from the street).

b.

Where, because of the orientation of the lots, a property line fence borders both a front yard on one (1) lot and a rear yard on the adjacent lot, the maximum height shall be six (6) feet.

c.

Any portion of a building site where vehicular access is taken shall conform to the access intersection requirements of subsection D of this section.

d.

City- or state-required sound attenuation walls bordering freeways or arterial highways may exceed six (6) feet in height if so recommended by a noise attenuation study and approved by the director.

D.

Visibility at Intersections. In regulating fences and other visual obstructions, it is necessary to preserve motorist sight distances and to maintain visual openness. Therefore, notwithstanding subsection (C)(3) of this section, the height of fences, trees, shrubs, and other visual obstructions shall be further restricted as follows:

1.

The height of fences, trees, shrubs and other visual obstructions shall be limited to a maximum height of thirty (30) inches within the triangular area formed by drawing a straight line:

a.

Between two (2) points located on and twenty (20) feet distant from the point of intersection of two (2) ultimate street right-of-way lines;

b.

Between two (2) points located on and five (5) feet distant from the point of intersection of an ultimate street or alley right-of-way on one (1) hand and the edge of a driveway or another alley right-of-way on the other if parkway width is less than twelve (12) feet wide.

2.

For purposes of this code, "point of intersection" means the intersection of the prolongation of the right-of-way lines, excluding any curved portion joining the two (2) lines.

3.

The height restrictions of this subsection shall apply to fences, walls, trees, shrubs, vegetation, or any other material which obstructs or may obstruct visibility.

E.

Nonconforming Fences. Any fence which does not meet the standards of this section but which was legally established prior to the adoption of these standards may be maintained provided such fence is not expanded or its nonconformance with these standards otherwise increased. Any fence which is destroyed or damaged to the extent of more than fifty percent (50%) of its total replacement value shall not be repaired, rebuilt or reconstructed except in conformance with the standards of this section.

F.

Prohibited Fence Materials. The use of barbed wire, razor wire or similar materials in or on fences is prohibited in all nonresidential zones. In addition, chain link fencing is prohibited in any location where it is readily visible from off the site.

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

A.

Landscape Plans. A landscape and irrigation plan shall be prepared and implemented for all development projects. Landscaping shall consist primarily of trees, shrubs, vines, groundcover, inert materials, or any combination thereof.

B.

Landscaping Standards. Landscaping shall be installed and maintained in accordance with the following standards:

1.

In addition to the perimeter landscape setbacks required per Section 9.90.040, interior landscaping shall be provided as follows:

a.

Landscaping equal to at least five percent (5%) of the net parking area shall be provided within parking areas. Parking area landscaping shall be in accordance with the requirements of Section 9.150.080 (Parking facility design standards).

b.

Landscaping equal to five percent (5%) of the net project area to be provided within non-parking areas, such as next to buildings. Totally enclosed uses within the commercial park district such as storage facilities are exempt.

c.

Perimeter landscape setbacks shall not be credited toward the interior landscaping requirement.

2.

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.

3.

Permanent automatic irrigation facilities shall be provided for all landscaped areas.

4.

All landscaping shall be maintained in a neat, clean and healthy condition at all times, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering.

5.

Height of landscaping along all streets and boundaries shall comply with Section 9.100.030 (Fences and walls).

6.

The majority of the plant material used in landscaped areas shall be water efficient and drought tolerant.

7.

Perimeter setback and parkway areas in the street right-of-way shall have berms and mounds to screen parking areas in the adjacent commercial property. One hundred percent (100%) of the longitudinal length adjacent to the street shall have berms and mounds exceeding three (3) feet, but not more than four (4) feet. The berms and mounds shall be undulated and fluctuating in position to accommodate the meandering sidewalk and shall cover not less than sixty-five percent (65%) of the landscape setback area. Incidental storm water that falls on said setback areas may be retained on the setback area.

C.

Use of Landscape Setback Areas for Retention Along Highway 111 Only. The landscape setback area shall not be used for storm water retention for storm water falling on the project site, but may be used for some storm water retention for storm water falling within the setback area itself and the adjacent street right-of-way provided the retention areas are designed to the following guidelines:

1.

The maximum depth of the depressed areas for storm water retention shall not exceed two (2.0) feet below the adjacent street curb.

2.

The maximum slope steepness shall not exceed four (4) to one (1) anywhere in the landscaped setback area, and shall not exceed eight (8) to one (1) in the first six (6) feet adjacent to the curb in the right-of-way.

3.

The basin areas shall have a curvilinear perimeter.

4.

The sidewalk shall not enter any retention area where the sidewalk may be subject to inundation by any fifty (50)-year storm.

(Ord. 550 § 1, 2016; Ord. 440 § 1, 2005; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

A.

Screening Required. Screening shall be provided for all nonresidential uses in accordance with this section. The planning commission may also modify screening requirements.

B.

Screening of Mechanical Equipment. Roof-mounted mechanical equipment such as air conditioning, ventilating units, ducting, roof access structures, etc., shall be screened as follows:

1.

Screening shall be provided so that the highest point of the equipment is below the surrounding parapet wall or other screening enclosure such that the equipment is not visible from a horizontal line of sight.

2.

Screening enclosures shall be an integral part of the roof design and not appear as an "add-on."

3.

Wall-mounted exterior roof access ladders are prohibited if visible from on-site pedestrian plazas, courtyards, or walkways.

C.

Screening of Facilities. Storage, trash and loading area facilities shall be screened as follows:

1.

Storage Areas. All storage, including cartons, containers, materials or equipment shall be screened from public view as required by Section 9.100.110 (Outdoor storage and display).

2.

Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six (6) feet in height in accordance with Section 9.100.200. Gates shall not open toward a public street. Landscaping or decorative overhead structures such as trellises shall be integrated into the enclosure design if it is visible from higher terrain or buildings.

3.

Loading Areas. Loading platforms and berths shall be screened from adjacent streets and from residential, open space and recreation areas.

D.

Screening of Property. Screening of property shall be installed in accordance with the following standards:

1.

Height Standards. All screening shall comply with the height standards of Section 9.100.030 (Fences and walls).

2.

Abutting Residential and Open Space Areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned or designated for residential or open space uses. Required screening shall be at least six (6) feet in height except where prohibited by Section 9.100.030 (Fences and walls).

3.

Parking Along Public Streets. Screening shall be installed to shield views of parking areas from public streets in accordance with Section 9.150.080 (Parking facility design standards).

4.

Allowance for Grade Differential. In order to take into account the effect of grade differentials on visibility, the city decision-making authority may require increased or decreased screening than that set forth in this section if the finished elevation within five (5) feet of the site boundary is different from that of the building site.

5.

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), open panels (e.g., containing wrought iron), periodic variations in materials, texture or colors, and similar measures.

6.

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 decision-making authority. Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron or other open design.

7.

Screening Materials. Screening shall consist of one (1) or a combination of the following types:

a.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick. Walls shall utilize durable materials, finishes and colors consistent with project buildings.

b.

Solid Fences. Solid fences may be used for screening, and the materials used for these fences, if approved by the decision-making authority.

c.

Berms. Landscaped berms may be used for screening or in combination with walls, solid fences, and plant screens.

d.

Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. Such planting shall provide screening at initial installation.

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

A.

Permitted Accessory Structures. Detached accessory structures are permitted on nonresidential parcels containing a primary use subject to the following requirements:

1.

Foundation. Accessory structures shall be placed on a permanent foundation.

2.

Height and Placement. Except as specified in subsection (A)(3)(a) of this section, detached accessory structures may be placed or constructed only where main buildings are permitted and shall not exceed twelve (12) feet in height.

3.

Setback Reductions. Detached accessory structure shall be screened from both street and public parking area views, subject to the following requirements:

a.

Height. The height limit for buildings which are less than ten (10) feet from the property line shall be ten (10) feet.

b.

Screening. Screening materials shall be not less than six (6) feet high and shall be in compliance with Section 9.100.030 (Fences and walls). Screening may consist of one (1) or more of the following:

i.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four (4) inches thick.

ii.

Solid Fences. A solid fence shall be constructed of wood or other materials to form an opaque screen.

iii.

Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants provided with a permanent automatic irrigation system. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two (2) feet within eighteen (18) months after initial planting. Plant materials shall be maintained in a neat, clean and healthy condition at all times.

B.

Prohibited Locations. Detached accessory structures are prohibited in the following locations:

1.

Where fences and walls are limited to a maximum height of two and one-half (2½) feet as specified in Section 9.100.030 (Fences and walls).

2.

Within the front fifty (50) feet or front half of any building site, whichever is less.

3.

Within the panhandle portion of a panhandle building site.

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

A.

Permits Required. The following antennas are allowed in nonresidential districts:

1.

Permitted Commercial Antennas. Commercial television, radio, microwave, communication towers, and related facilities are permitted as principal uses in all districts subject to approval of a conditional use permit and conformance with the requirements of Chapter 9.170 (Wireless Telecommunication Facilities).

2.

Permitted Accessory Antennas Other than Those Described Above. Roof-mounted antennas screened from a horizontal line of sight and ground-mounted antennas which do not exceed ten (10) feet in height and which meet the requirements of subsection B of this section may be permitted as accessory structures. All other antennas shall require approval of a conditional use permit.

B.

Development Standards. Antennas within nonresidential districts may be ground-mounted or building-mounted provided the following requirements are met:

1.

Any antenna which is the principal use on a lot shall comply with the district setback standards for main buildings.

2.

A ground-mounted antenna which is an accessory use shall be located within the rear yard (minimum five (5) feet from the rear property line) or may be located within a side yard if not within the required side yard setback. Ground-mounted antennas are prohibited from exterior (street) side yards unless not visible from the street.

3.

Antennas, including roof-mounted antennas, shall not exceed the building height standards for the district in which they are located.

4.

All accessory antennas shall be screened from both horizontal and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher buildings or terrain.

5.

Compliance with Chapter 9.170 of the La Quinta Municipal Code.

(Ord. 550 § 1, 2016; Ord. 492 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

Temporary holiday sales facilities are permitted subject to approval of a temporary use permit and the following requirements:

A.

The facility shall not be established prior to thirty (30) days prior to the holiday in any calendar year.

B.

Such a facility shall not engage in the sale of any merchandise not directly associated with the applicable holiday.

C.

The applicant shall secure an electrical permit.

D.

The facility shall be removed and the premises shall be cleared of all debris and restored to the condition existing prior to the establishment of the facility within fifteen (15) calendar days of the applicable holiday. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

E.

Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal.

F.

Off-street parking and vehicular access shall be provided to the satisfaction of the director.

G.

Signs shall be restricted to one (1) banner sign per street frontage, each sign not exceeding thirty-two (32) square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited.

(Ord. 550 § 1, 2016; Ord. 480 § 1, 2010; Ord. 284 § 1, 1996)

Temporary fresh produce and flower stands are permitted subject to approval of a temporary use permit and the following requirements:

A.

Fresh produce and flowers may be sold from a temporary sales facility. The temporary use permit for a sales facility shall include permitted dates of operation.

B.

A fresh produce sales facility shall be open for business only during the season when locally grown produce and flowers are harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of ninety (90) days.

C.

Such a facility may not sell items not directly associated with fresh produce or flowers.

D.

The applicant shall secure an electrical permit if electric power is to be provided.

E.

The facility shall be removed and the premises cleared of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup.

F.

Each facility shall comply with fire prevention standards as approved and enforced by the fire marshal.

G.

Off-street parking and vehicular access shall be provided to the satisfaction of the director.

H.

Signs shall be restricted to one (1) banner sign per street frontage, each sign not exceeding thirty-two (32) square feet. Other signs and advertising devices such as pennants, flags, A-frame signs, and light strings are prohibited.

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

A.

Definition. See Chapter 9.280.

B.

Minor Use Permit. An outdoor vendor use may be established as an accessory use in any nonresidential district upon approval of a minor use permit pursuant to Section 9.210.020. All such uses shall comply with the following standards:

1.

An outdoor vending use may only be established as accessory to the principal use on the parcel.

2.

The location of the outdoor vending use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation.

3.

The outdoor vending site shall not exceed one hundred fifty (150) square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage.

4.

The outdoor vending use shall not be located on public sidewalk or within a public street right-of-way.

5.

The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances.

(Ord. 550 § 1, 2016)

A.

Purpose. This section provides regulations for the permanent outdoor storage and display of merchandise, materials and equipment.

B.

Where Permitted. The storage and/or display of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section, Section 9.80.020 pertaining to permitted uses, Section 9.100.120 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit.

C.

Equipment, Lumber and Storage Yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations:

1.

Use Permit. The establishment of any outdoor equipment or materials storage use shall require approval of a conditional use permit pursuant to Section 9.210.020.

2.

Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations.

3.

Screening. Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five (5) feet high and shall be in compliance with Section 9.100.030 (Fences and walls). Screening may consist of one (1) or a combination of the following types:

a.

Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six (6) inches thick.

b.

Solid Fences. Solid fences may be used for screening if approved by the decision-making authority. Such fences shall be constructed of wood or other materials with a minimum nominal thickness of two (2) inches and shall form an opaque screen. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes) western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water-repellant material.

c.

Plant Screens. Plant materials, when used as a screen, shall consist of compact evergreen plants. 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. Permanent automatic irrigation shall be provided. If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, the planning director may require that a wall, solid fence or berms be installed.

D.

Outdoor Display and Sales. Outdoor sales and display areas in conjunction with retail uses such as nursery and garden supply stores or departments within retail stores shall comply with the following standards:

1.

Fencing. The outdoor sales and display area shall be enclosed by a wall or fence at least four (4) feet high which obscures views from streets or public parking areas into the area. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on-site. Chain link fencing is not permitted.

2.

Building Design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building. The design of the building and outdoor area shall appear as a single structure.

E.

Minor Outdoor Merchandise Display. A maximum of ten (10) square feet shall be allowed for outdoor display of merchandise. The outdoor display of merchandise shall be located immediately adjacent to the business and at no time further than ten (10) feet from said business, shall not interfere with pedestrian access and ADA compliance, and shall only be in place during business hours.

F.

Outdoor Display and Sales for Commercial Retail Uses Greater than One Hundred Thousand (100,000) Square Feet. Outdoor display and sales areas in conjunction with retail commercial businesses having over one hundred thousand (100,000) square feet of gross floor area (GFA) may be permitted subject to the approval of a conditional use permit in accordance with Section 9.210.020. The conditional use permit shall establish standards for each facility in addition to the requirements of this section:

1.

Area. Outdoor display and sales areas shall not exceed ten percent (10%) of the gross floor area of the retail commercial building.

2.

Locations. Outdoor display and sales areas shall be restricted to those locations identified on an approved plan-designated area and shall comply with the following standards:

a.

Permitted locations for outdoor display and sales areas shall be in conformance with all current fire, health, building and safety codes.

b.

Outdoor display and sales areas may be permitted within designated portions of sidewalk, patios, and similar areas within proximity to the storefront.

c.

No outdoor display and sales area shall obstruct an entrance or exit to any building, impede the flow of pedestrian or vehicular traffic, or obstruct access to any parking space or drive aisle.

d.

Permanent modifications to the building, landscaping, or site plan for purposes of outdoor display shall require approval through the city's development review process.

3.

Performance Standards. Items and materials to be displayed outdoors within designated areas shall comply with the following standards:

a.

All items and materials to be displayed outdoors shall be in conformance with current fire, health, building and safety codes.

b.

No item shall be displayed in a manner that causes a safety hazard or public nuisance.

c.

Fixtures and tables used to display merchandise shall be maintained in good repair.

d.

Signs, flags, banners, placards, balloons, streamers, spot lighting, amplified music, or similar features shall be prohibited unless otherwise permitted and approved through a separate sign permit.

e.

Outdoor display and sales areas shall be kept clean and maintained on a continual basis.

4.

Authority to Suspend Operations. Failure to comply with these provisions is subject to suspension or revocation of a permit.

G.

Vehicle Sales. The outdoor display and sales of new vehicles shall be subject to the approval of a minor use permit in accordance with Section 9.210.025. The outdoor display and sales of used vehicles shall be subject to the approval of a conditional use permit in accordance with Section 9.210.020. The use permit shall establish standards for each such facility. Such standards shall include at a minimum:

1.

Landscaping. Perimeter landscaping conforming to that required for the applicable zoning district per Chapter 9.90.

2.

Lighting. Outdoor lighting conforming to the standards of Section 9.100.150.

3.

Vehicle Display. Precise delineation of the location and limits of outdoor vehicle display and storage areas, plus prohibition of focal display areas elevated more than one (1) foot above the average finish grade of the overall outdoor display area.

(Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 506 § 1, 2013; Ord. 497 § 1, 2012; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Purpose. This section provides regulations for: (1) the temporary outdoor sale of merchandise by retail businesses; and (2) special outdoor commercial events within shopping centers.

B.

Definitions. See Chapter 9.280.

C.

Temporary Use Permit Required. Sidewalk sales and special events in commercial centers are permitted subject to issuance of a temporary use permit and compliance with the following provisions:

1.

Up to six (6) sidewalk sales may occur annually. The applicant shall notify the planning division a minimum of one (1) week prior to each sidewalk sale. Failure to comply with this provision could lead to revocation of the temporary use permit.

2.

The application for a temporary use permit for a sidewalk sale or a special commercial event shall include a site plan indicating the location of the temporary uses and demonstrating maintenance of adequate parking, site circulation and emergency access.

3.

A sidewalk sale or a special commercial event may be conducted over a maximum of four (4) consecutive days and no more than once per month at any location, not to exceed six (6) times per year. Each special commercial event shall require the approval of a temporary use permit. Special commercial events which benefit nonprofit organizations can be held more than six (6) times per year if conducted on sidewalk areas and approved by the director regardless of who is sponsoring or participating in the event.

4.

Adequate and legal pedestrian access shall be maintained around merchandise or displays placed on a sidewalk or walkway.

5.

Adequate vehicle access shall be maintained around merchandise, displays or temporary structures placed in parking areas.

6.

A cash bond or other guarantee shall be posted for removal of the temporary use and cleanup and restoration of the activity site within seven (7) days of the conclusion of the event.

7.

The application shall be reviewed by the fire marshal and the event shall comply with fire prevention standards and emergency access requirements as approved and enforced by the fire marshal.

8.

Temporary signs may be permitted subject to the provisions of Section 9.160.060 (Permitted temporary signs). Signs for the event shall be allowed as follows:

a.

Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32) square feet.

b.

Maximum one (1) temporary portable sign on- or off-site on private property, not to exceed fifty-five (55) square feet.

c.

Posting period, locations and related details shall be as approved in the temporary use permit for the event.

d.

Other signs and advertising devices, such as pennants, flags, A-frame signs, are prohibited.

(Ord. 577 § 1, 2019; Ord. 550 § 1, 2016; Ord. 497 § 1, 2012; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

Special Events. Within nonresidential districts, or nonresidential areas for property or parcel(s) zoned mixed-use (referred to in this section as "nonresidential district[s]"), special events shall include, but are not limited to: pageants, fairs, carnivals, and large athletic, religious or entertainment events, block parties, large neighborhood or community gatherings. Such events may be permitted in nonresidential districts pursuant to this section.

B.

Standards. Approval of a temporary use permit or minor use permit shall be required for any special event in a nonresidential district, as provided in this section.

1.

A temporary use permit governing special events shall be subject to the following:

a.

One (1) special event may not exceed ten (10) consecutive days.

b.

A temporary use permit may be processed and issued if the event has fifty (50) or more persons and no more than four (4) special events occur at the event location within a calendar year.

c.

A temporary use permit shall be approved by the city manager or designee. The temporary use permit may be referred to the planning commission as a business item at the discretion of the city manager or designee.

2.

Special events that occur more than four (4) times in a calendar year may be permitted subject to the approval of a minor use permit in accordance with this section and the municipal code.

a.

The term for special events beyond a calendar year may be established by the minor use permit.

b.

A minor use permit shall be approved by the city manager or designee. The minor use permit may be referred to the planning commission as a business item at the discretion of the city manager or designee.

c.

Notwithstanding the general requirement for special events to obtain a minor use permit pursuant to this section, fine art and craft shows may be approved for ten (10) calendar days in each month, except during city sponsored fine art events, by a temporary use permit pursuant to this section.

C.

Applications for permits or certificates required by this section shall be referred by the city manager or designee to other affected city departments or other public agencies for review and comment.

D.

Findings. The same findings set forth in Section 9.60.170(B)(7) (or successor subsection in that section) shall be made by the decision-making authority in conjunction with approval of a temporary use permit or minor use permit under this section.

E.

Activities conducted on property owned by or leased to the city and public road rights-of-way may require an encroachment permit issued by the design and development director.

F.

An application for a temporary use permit for special events shall be submitted to the design and development department no later than forty-five (45) days prior to the proposed special event, and an application for a minor use permit for special events shall be submitted no later than ninety (90) days prior to the proposed special event, unless the city manager or designee determines additional time is necessary to review and make the required findings for the special event permit application, in which case the city manager or designee shall notify the applicant of the modified deadline for submitting an application.

G.

The city manager or designee may allow for an expedited application of a temporary use permit, which may be submitted later than the application deadlines set forth in the subsection above, and may suspend the appeal procedures after a decision of the permit is rendered, if the special event will have limited parking and traffic impacts, will not have outdoor tents or other temporary or permanent structures that require a building permit, will have limited or no outdoor amplified music, will not require a permit from the California Department of Alcoholic Beverage Control for consumption of alcohol, and the applicant for the special event certifies that these limitations will apply and be enforced.

H.

A cash bond or other guarantee as determined by the city manager or designee for removal of the temporary use and cleanup and restoration of the activity site to its condition before the event within seven (7) days of the event's conclusion shall be required.

I.

Related issues, including, but not limited to, police and security, food and water supply, consumption of alcohol, use of tents and canopies, fugitive dust control, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by the city manager or designee, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, County Health, California Department of Alcoholic Beverage Control and tent permits.

J.

Signs for the event shall be allowed as follows:

1.

Maximum of one (1) temporary banner per street frontage, not to exceed thirty-two (32) square feet.

2.

Maximum one (1) temporary portable sign on- or off-site on private property, not to exceed fifty-five (55) square feet.

3.

Maximum thirty (30) off-site temporary directional signs, nine (9) square feet in area, subject to the provisions of Section 9.160.060, subsections C through H, with the exception of subsection E.

4.

Maximum fifteen (15) bunting signs, with maximum size to be approved by the city manager or designee.

5.

Posting period, locations and related details shall be as approved in the temporary use permit for the event.

6.

Other signs and advertising devices, such as pennants, flags, A-frame signs, are prohibited.

K.

Violations. A violation of this section shall be governed by the same violation provisions in Section 9.60.170(C) (or successor subsection in that section).

(Ord. 552 § 2, 2017; Ord. 550 §1, 2016)

A.

Purpose. This section provides regulations for temporary businesses operating at a single location within an existing commercial building or interior tenant space on a seasonal or short-term basis for a period not to exceed ninety (90) consecutive days within a calendar year. This chapter shall not apply to those businesses which intend to operate, or have been in operation, longer than a ninety (90)-day period at a single location.

B.

Where Permitted. Seasonal sales businesses may be permitted with a temporary use permit as per Section 9.210.050 when identified as a permitted land use under Section 9.80.020.

C.

City Business License Required. All seasonal businesses shall obtain a city business license and have a point of sale within the city of La Quinta.

D.

Signs. Temporary signs for seasonal sales businesses shall be permitted in accord with Section 9.160.050 through approval of the temporary use permit. Permitted temporary sign material shall be limited to a minimum one (1)-inch thick plastic formed lettering affixed to the building façade. All sign lettering shall promptly be removed upon expiration of the temporary use permit and the façade shall be restored to its prior condition. Seasonal sales businesses shall not be permitted an additional sign permit for a "grand opening" banner or permanent sign.

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

A.

Purpose. This section provides regulations for the temporary outdoor storage of merchandise, materials and equipment specifically required for interior sales and display during the period from November 1 to January 15 (holiday period).

B.

Where Permitted. The storage of any merchandise, materials or equipment outside of an enclosed building is prohibited except where permitted in accordance with this section, Section 9.80.020 pertaining to permitted uses, Sections 9.100.120 and 9.100.130 pertaining to sidewalk sales and special events, or where permitted by a conditional use permit.

C.

Permit Required. Holiday period storage can be included in a site development permit, when a commercial building is constructed; or with a minor use permit, if holiday period storage is to occur after a commercial building has been constructed and occupied without inclusion of holiday period storage in the site development permit application. If approved, holiday period storage can occur every year subsequent to the approval without renewal, provided that the location, number of storage facilities and fencing, if any, are consistent with the original approval.

D.

Locational Criteria. Holiday period storage must occur entirely within enclosed facilities (including storage containers or sheds) located at the rear of and immediately adjacent to the business they serve. Holiday period storage shall not obstruct vehicular or pedestrian travel ways, trash enclosures, or other permanent components of a business or building.

E.

Site Plan Required. The site development permit or minor use permit application shall be accompanied by a site plan which clearly shows the location, type and number of storage facilities to be provided, their location, and any proposed fencing.

F.

Findings. The findings required under Section 9.210.020 shall apply.

G.

Revocation of Permit. The director may revoke a permit allowing holiday period storage if the director finds that the conditions of approval, site plan or other documentation provided in the original approval have not been implemented or have been modified without city approval.

H.

Duration of Storage. Under no circumstances shall holiday period storage occur on any commercial site before November 1 or after January 15 of any year.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 338 § 1, 2000; Ord. 293 § 1, 1996; Ord. 284 § 1, 1996)

A.

Purpose. This section is intended to provide standards for outdoor lighting which allow adequate energy efficient lighting for public safety while minimizing adverse effects of lighting, such as lighting which:

1.

Has a detrimental effect on astronomical observations; and/or

2.

Inefficiently utilizes scarce electrical energy; and/or

3.

Creates a public nuisance or safety hazard.

B.

Applicability. All outdoor artificial illuminating devices shall be installed and operated in conformance with the provisions of this section, plus any Uniform Building Codes presently or subsequently administered or adopted by the city. Any language contained therein which may conflict with this section shall be construed as consistent with this section.

C.

Parking Lot Lighting. Parking lot lighting shall conform to this section and to Section 9.150.080 (Parking facility design standards).

D.

Alternate Materials and Methods of Installation. The provisions of this section are not intended to prevent the use of any material or method of installation not specifically prescribed by this section provided any such alternate has been approved. The building official may approve any such alternate provided that findings can be made that the proposed design, material or method:

1.

Provides approximate equivalence to those specific requirements of this section; or

2.

Is otherwise satisfactory and complies with the intent of this section.

E.

Definitions. See Chapter 9.280.

F.

General Requirements.

1.

Shielding. All exterior illuminating devices, except those exempt from this section and those regulated by subsection G of this section shall be fully or partially shielded as required in the table contained in this subsection.

a.

"Fully shielded" means the fixture shall be shielded in such a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted, thus preventing the emission of light above the horizontal.

b.

"Partially shielded" means the fixture shall be shielded in such a manner that the bottom edge of the shield is below the plane centerline of the light source (lamp), minimizing the emission of light rays above the horizontal.

2.

Filtration. Those outdoor light fixtures requiring a filter per the table following shall be equipped with a filter consisting of a glass, acrylic or translucent enclosure. Quartz glass does not meet this requirement.

3.

Height. Building-mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Pole or fence-mounted decorative and landscape lights shall be located no more than eight (8) feet above grade.

4.

All exterior lighting shall be located and directed so as not to shine directly on adjacent properties.

5.

Requirements for Shielding and Filtering. The requirements for shielding and filtering light emissions from outdoor light fixtures shall be as set forth in the following table.

Table 9-7 Requirements for Shielding and Filtering of Outdoor Lighting

Notes:
1. Most glass, acrylic or translucent enclosures satisfy these filter requirements. Quartz glass does not meet this requirement.
2. This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations.
3. Metal halide display lighting shall not be used for security lighting after 11:00 p.m. (or after closing hours if before 11:00 p.m.) unless fully shielded. Metal halide lamps shall be in enclosed luminaries.
4. Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding.
5. Warm white and natural lamps are preferred to minimize detrimental effects.
6. For the purposes of this section, quartz lamps shall not be considered an incandescent light source.
7. Recommended for existing mercury vapor fixtures. The installation of new mercury vapor fixtures is prohibited.

G.

Prohibited Lighting.

1.

Outdoor Building/Landscaping Illumination. The unshielded outdoor illumination of any building, landscaping, signing, or other purpose is prohibited except with incandescent fixtures less than one hundred sixty (160) watts, fossil fuels, and/or glass tubes (see table in subsection F of this section).

2.

New Mercury Vapor Installations. The installation of mercury vapor fixtures is prohibited. All existing mercury vapor lights installed shall be fully shielded.

H.

Procedures for Compliance.

1.

Applications.

a.

Any individual intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty (160) watts or less) shall submit an application to the city providing evidence that the proposed work will comply with this section.

b.

Any individual applying for a building permit and intending to install outdoor lighting fixtures (other than incandescent of one hundred sixty (160) watts or less) shall as a part of the application submit such evidence as may be requested that the proposed work will comply with this section.

c.

Utility companies, lighting or improvement districts entering into a duly approved contract with the city in which they agree to comply with the provisions of this section shall be exempt from applying for and obtaining a permit for the installation of outdoor light fixtures, including residential security lighting.

2.

Contents of Application. The application shall contain, but shall not necessarily be limited to the following, all or part of which may be part of or in addition to the information required elsewhere in the city regulations for the required permit:

a.

Plans indicating the location on the premises and the type of illuminating devices, fixtures, lamps, height, supports, and other devices.

b.

Description of the illuminating devices, fixtures, lamps, supports, shielding, filtering and other devices. This description may include but is not limited to, wattage, lighting output, manufacturers catalog cuts, and drawings (including sections where required).

c.

The above required plans and descriptions shall be sufficiently complete to enable the building official to readily determine whether compliance with the requirements of this section will be secured. If such plans and descriptions cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures or lamps proposed, the applicant shall submit evidence of compliance by certified test reports as performed by a recognized testing lab.

3.

Issuance of a Permit. Upon the determination that the installation will be in compliance with the requirements of this section, the building official shall issue a permit for installation of the outdoor lighting fixtures, to be installed per the approved application.

4.

Appeals. Appeal procedures shall be in accordance with Section 9.200.110 of this code.

5.

Amendment to Permit. Should the applicant desire to substitute outdoor light fixtures or lamps after a permit has been issued, the applicant must submit all changes to the building official for approval, with adequate information to assure compliance with this section.

I.

Exemptions.

1.

Nonconforming Fixtures. All outdoor light fixtures existing and fully and legally installed, prior to the effective date of Ordinance 148 (the original ordinance adopting these outdoor lighting regulations) may remain in use as nonconforming structures indefinitely provided, however, that no change in use, replacement, structural alteration, and (after abandonment) no restorations of outdoor light fixtures other than bulb replacement shall be made unless it thereafter conforms to the provisions of these regulations.

2.

Fossil Fuel Light. Light fixtures using fossil fuel (i.e., light produced directly or indirectly by the combustion of natural gas or other utility type fossil fuels) are exempt from the requirements of this section.

3.

Government Facilities. Those facilities and lands owned and operated or protected by the federal government, the state of California, the county of Riverside, or the city of La Quinta are exempted by law from all requirements of this section. Voluntary compliance with the intent of this section at those facilities is encouraged.

4.

Recreational Facilities. The illumination of outdoor recreational facilities, public and private, is exempt from the requirements of this section with the following limitations:

a.

The light fixtures for outdoor recreational facilities shall meet the shielding requirements in the table in subsection F of this section.

b.

No such outdoor recreational facility shall be illuminated by nonconforming means after 10:00 p.m. except to conclude a specific recreational or sporting event or any other activity conducted at a ballpark, outdoor amphitheater, arena, or similar facility in progress prior to 10:00 p.m.

J.

Temporary Exemptions.

1.

Request for Temporary Exemptions. Any individual may submit application for a minor use permit, on a form prepared by the planning division, to the building official for a temporary exemption to the requirements of this section. Such exemptions shall be valid for thirty (30) days. The request for temporary exemption shall contain, at a minimum, the following information:

a.

Specific exemptions and justification for exemptions requested;

b.

Type, use and hours of operation of exterior light involved;

c.

Duration of time for requested exemption;

d.

Type of lamp and calculated lumens;

e.

Total wattage of lamp or lamps;

f.

Proposed location and heights of exterior light;

g.

Physical size of exterior lights and type of shielding and/or filtering provided;

h.

Previous temporary exemptions, if any.

2.

Special Exemption. The building official may grant a special exemption to the requirements of the table in subsection F of this section only by approval of minor use permit which includes a written finding that there are extreme geographic or geometric conditions warranting the exemption and that there are no conforming fixtures that will otherwise suffice. The request for a special exemption shall contain, at a minimum, the information specified in subsection (J)(1)(a) through (g) of this section.

3.

Additional Information. In addition to the information required in subsection (J)(1) of this section, the building official may request any additional information which would enable the building official to make a reasonable evaluation of the request for temporary exemption.

4.

Appeal for Temporary Exemption. The building official, within five (5) days from the date of the properly completed request for temporary exemption, shall approve or reject in writing the request. If rejected, the individual making the request shall have the right to appeal to the planning commission for review pursuant to the procedures set forth in Section 9.200.110 of this code.

5.

Extension of Temporary Exemption. Any individual requesting a temporary exemption for a period greater than thirty (30) days, or an extension beyond the original thirty (30)-day period for a temporary exemption shall apply for a minor use permit to the planning commission and city council. The conditional use permit application shall contain (in addition to other use permit requirements) the information specified in subsections (F)(1) through (F)(3) of this section.

K.

Public Nuisance. Any light fixture installed after the effective date of the ordinance codified in this Zoning Code which violates the provisions of this section constitutes a public nuisance and shall be abated.

L.

Premises Identification.

1.

Street numbers or addresses assigned by the city or the county shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property.

2.

All dwelling units shall have a wall-mounted internally or externally illuminated address sign displayed in a prominent location. The illumination source for the address sign shall be controlled by a photocell sensor or a timer. As an option, the address sign may be attached to a single-residence mail box pedestal with the same illumination source as stated above. If this option is chosen, both sides of the mailbox shall have said address numbers displayed.

M.

Display Lighting Use. With the approval of a minor use permit, searchlights and laser lights may be used. Display lighting is defined as a beam of light projected into the sky. This type of lighting shall comply with the following requirements:

1.

Permits shall be issued for grand openings only. A grand opening shall commemorate an initial building or project opening, a change in ownership of an existing business, or remodel/enlargement of over fifty percent (50%) of the floor area or a new business in an existing building.

2.

The only uses allowed to apply for this permit are: shopping centers with not less than fifty thousand (50,000) square feet of least area, hotel with fifty (50) plus rooms, or part of an automall.

3.

The application for a permit must be received two (2) weeks prior to the event commencing.

4.

Hours of operation should be limited from dusk to 10:00 p.m.

5.

Use of the display light(s) is limited to a maximum period of six (6) days per calendar year.

6.

Section 5.64.060 of the municipal code, regarding use of searchlights, shall be complied with.

7.

Use of display lights may be in conjunction with an entertainment event or similar activity.

8.

FAA approval shall be obtained prior to each event, if required.

(Ord. 564 § 1, 2017; Ord. 550 § 1, 2016; Ord. 361 § 1, 2001; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the following standards:

A.

One (1) caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located.

B.

The residence shall be a minimum of six hundred (600) square feet in floor area.

C.

The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use.

D.

Two (2) off-street parking spaces shall be provided in addition to the parking required for the principal use(s).

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

The temporary placement of a trailer, recreational vehicle or relocatable building or the temporary use of a permanent structure on an active construction site for use as a construction and/or watchman's quarters, and the establishment of a materials and equipment storage yard, shall be permitted with a grading or building permit subject to the following requirements:

A.

Placement. The office shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, until issuance of the building permit.

B.

Removal. Any trailer or temporary building shall be removed from the site prior to the issuance of certificates of occupancy for the last new building on the site. The site of the temporary building shall then be restored to its original condition, paved or surfaced for dust control, landscaped, or otherwise improved in accordance with the approved project plans or temporary use permit.

C.

Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of certificates of occupancy for the final buildings to be constructed.

D.

Use of Existing Building During Construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions:

1.

Prior to occupancy of a new building, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of a new building on the site. Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.

2.

The director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the directors opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.

E.

Utilities. The office shall be supplied with an electric meter and sewer and water facilities.

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

A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions:

A.

The temporary use permit application shall include the following:

1.

A description of the proposed uses and operating characteristics for all uses on the site, both temporary and permanent.

2.

A plot plan showing the location of all uses and structures, both temporary and permanent.

3.

Supplementary exhibits, as required by the director to adequately review the proposal, such as building elevations, landscaping, grading, access and utility service.

B.

A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit.

C.

A cash bond to insure removal of the building and restoration of the site for each relocatable building or trailer shall be posted with the director to guarantee removal of each coach from the site upon expiration of the temporary use permit.

D.

A temporary use permit for a relocatable building shall be approved for a maximum of two (2) years from date of approval.

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

A.

Drop-Off Bins and Reverse Vending Machines. Drop-off bins and reverse vending machines for the collection of nonhazardous household materials (e.g., cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing primary use in any nonresidential district. If located outside of a building, a minor use permit approved pursuant to Section 9.210.020 shall be required for drop-off bins. All such outdoor facilities shall comply with the following standards:

1.

Drop-Off Bins. Drop-off bins shall be established only in conjunction with an existing nonresidential use which is in compliance with zoning, building and fire codes.

a.

The drop-off facility shall be no larger than five hundred (500) square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the primary use.

b.

The facility shall be screened from view from public streets and primary parking areas.

c.

The facility shall not obstruct pedestrian, vehicular and emergency access.

d.

The bins shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule. Any deposit or storage of materials outside of the containers is prohibited.

e.

The facility shall be maintained free of odor, litter and other nuisances, on a daily basis. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility regularly.

f.

Facilities within one hundred (100) feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 a.m. and 7:00 p.m.

g.

Containers shall be clearly marked to identify the type of materials which may be deposited. The facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and shall display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed sixteen (16) square feet and shall not be illuminated.

2.

Reverse Vending Machines. Reverse vending machines shall only be established in conjunction with an existing nonresidential use which is in compliance with the zoning, building and fire codes.

a.

Machines shall be located adjacent to the main building on the site and within thirty (30) feet of the entrance to the primary use and shall not obstruct pedestrian or vehicular circulation.

b.

Machines shall not occupy any parking spaces required by the primary use.

c.

Machines shall occupy no more than fifty (50) square feet of floor or ground space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height.

d.

Machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four (4) square feet per machine and shall be located on the machine.

e.

The installation shall be maintained free of litter and odor at all times. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility regularly.

B.

Recycling Collection Centers. Recycling collection centers may be permitted in the CP and MC districts with approval of a conditional use permit pursuant to Section 9.210.020. Such facilities may accommodate nonhazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the approval of the fire department and the Riverside County Department of Environmental Health. No reprocessing or recycling of materials into new products shall be permitted. All such facilities shall comply with the following standards:

1.

The collection center shall be screened from public view by operating within an enclosed building or within a screened outdoor yard on a site which complies with the landscaping and screening standards of Sections 9.100.040 and 9.100.050.

2.

The facility shall comply with the setback requirements of the applicable zoning district pursuant to Section 9.50.030.

3.

All exterior storage of materials shall be in sturdy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in subsection (A)(1) of this section.

4.

The facility shall be maintained free of odor, litter and other nuisances at all times.

5.

If the facility accommodates public drop-off of materials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic.

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

A.

Purpose. This section is intended to implement the provisions of State Public Resources Code Section 42900 et seq. which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple-family residential and nonresidential development projects. This section also addresses the related subject of common trash areas in such projects.

B.

Recycling Containers Required. In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments:

1.

Any new multiple-family residential project with five (5) or more units and a common solid waste collection area;

2.

Any new single-family residential area with a common solid waste collection area serving five (5) or more units;

3.

Any new nonresidential project; and

4.

Any existing multiple-family project of five (5) or more units, or nonresidential project which expands by thirty percent (30%) or more in floor area.

C.

Recycling Plan Required. Each nonresidential development which is required to provide recycling containers under the provisions of this section shall submit a recycling plan to be processed in conjunction with the site development permit. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials.

D.

Trash Enclosure Required. Nonresidential developments and attached and multifamily residential projects with common trash areas shall locate trash and recyclable materials containers within an enclosed area. Enclosures for trash and recycling containers shall comply with the following standards:

1.

Enclosure Placement. Separate enclosures shall be provided for trash and recyclable materials in nonresidential districts. The enclosures shall be:

a.

Located within two hundred fifty (250) feet of all businesses served by the enclosure;

b.

Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters; and

c.

Located substantially away from public views cape, pedestrian and vehicle circulation areas unless determined infeasible by the decision-making authority.

2.

Enclosure Design. Enclosures shall be constructed on a concrete pad sloped to drain under the gate. Enclosures shall be of an adequate size to accommodate the containers they enclose per disposal company and city standards. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six (6) feet high and shall be made of strong, durable materials consistent with the colors and finishes of nearby buildings. Doors shall be self-latching, metal or metal-framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from collisions with large, heavy containers. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain.

3.

Trash Areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six (6) feet in height in accordance with this section. Gates shall not open toward a public street. Decorative overhead structures such as metal trellises shall be integrated into the enclosure design or tall landscaping planted on the affected side if it is visible from higher terrain or buildings.

E.

Weather Protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions.

F.

Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly.

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

A.

Purpose. The noise control standards for nonresidential land use districts set forth in this section are established to prevent excessive sound levels which are detrimental to the public health, welfare and safety or which are contrary to the public interest.

B.

Noise Standards. Exterior noise standards are set forth below. Residential property, schools, hospitals, and churches are considered noise sensitive land uses, regardless of the land use district in which they are located. All other uses shall comply with the "other nonresidential" standard. All noise measurements shall be taken using standard noise measuring instruments. Measurements shall be taken within the receiving property at locations determined by director to be most appropriate to the individual situation.

Land Use Compatibility for Community Noise Environments

Source: California Department of Health Services, "Guidelines for the Preparation and Content of the Noise Element of the General Plan," 1990.

Chart Legend
A Normally Acceptable: With no special noise reduction requirements assuming standard construction.
B Conditionally Acceptable: New construction or development should be undertaken only after a detailed analysis of the noise reduction requirement is made and needed noise insulation features included in the design.
C Normally Unacceptable: New construction is discouraged. If new construction does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design.
D Clearly Unacceptable: New construction or development should generally not be undertaken.

Exterior Noise Standards

If the noise consists entirely of impact noise, simple tone noise, speech or music, or any combination thereof, each of the noise levels specified in the table in this section shall be reduced by five (5) dB(A).

C.

Noise Limits. It is unlawful for any person at any location within the city to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, when such noise causes the noise level, when measured on any adjacent property, to exceed:

1.

The noise standard for a cumulative period of more than thirty (30) minutes in any hour;

2.

The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour;

3.

The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour;

4.

The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one (1) minute in any hour; or

5.

The noise standard plus twenty (20) dB(A) for any period of time.

For purposes of this section, the term "cumulative period" means the number of minutes that a noise occurs within any hour, whether such minutes are consecutive or not.

D.

Ambient Noise Level. If the ambient or background noise level exceeds any of the preceding noise categories, no increase above such ambient noise level shall be permitted.

E.

Exemptions. The following are exempt from the noise restrictions of this section:

1.

Emergency vehicles or other emergency operations.

2.

City maintenance, construction or similar activities.

3.

Construction activities regulated by Section 6.08.050 of the La Quinta Municipal Code.

4.

Golf course maintenance activities between 5:30 a.m. and ending no later than 8:00 p.m. on any given day.

F.

Enforcement. The city manager or designee shall have the responsibility and authority to enforce the provisions of this section.

(Ord. 565 § 1, 2017; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance.

A.

Equipment. All ground-mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping.

B.

Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider.

C.

Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot.

D.

Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and firefighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code.

E.

Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X-ray diagnostic equipment.

F.

Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located.

G.

Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Upgrades and retrofits to existing buildings, in accordance with energy reduction measures CI-1 through CI-6 of the city's Greenhouse Gas Reduction Plan, are encouraged. New buildings should be designed to minimize energy consumption consistent with energy efficiency measures ND-1 through ND-3 of the city's Greenhouse Gas Reduction Plan, to the greatest extent possible.

H.

Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials.

I.

Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers.

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

A.

Use Permit Required. Gas and service stations may be permitted subject to Table 9-5, Permitted Uses in Nonresidential Districts. All uses to be placed on the service station site (e.g., mini-market, sale of alcoholic beverages, etc.) must be specifically included in the approval.

B.

Signs. Service station signage shall be in accordance with Chapter 9.160 (Signs).

C.

Hazardous Materials. All service stations shall comply with the requirements of the Fire Department and the Riverside County Department of Environmental Health pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc.

D.

Standards for Service Stations Without Repair Facilities.

1.

Permitted Uses. Permitted uses include: sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses; and automobile services such as washing and detailing. The following uses are specifically prohibited: sale of tires and batteries and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage or renting. All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved conditional use permit.

2.

Storage and Display. All merchandise shall be stored and/or displayed within the service station building.

3.

Screening. An opaque screen at least six (6) feet in height shall be installed along all site boundaries which abut residentially zoned properties. Screening along all street boundaries shall be a minimum of thirty-six (36) inches high, including any site elevation difference. Screening shall consist of a wall, including retaining walls, an earthen berm with landscaping or any combination thereof. All screening shall comply with the height standards in Section 9.100.030 (Walls and fences).

E.

Standards for Service Stations with Repair Facilities.

1.

Additional Uses Permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tune-up, lubrication, battery and tire sales and service). The following uses are specifically prohibited: major engine repair and rebuilding, transmission repair, auto body repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non-repair service uses shall occur in a specific location designated in the approved use permit.

2.

Storage and Display. All merchandise shall be stored and displayed within the service station building.

3.

Reverse Mode Required. All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e., service bay openings oriented away from streets.

4.

Screening. Screening requirements shall be the same as for service stations without service bays.

F.

Removal of Abandoned Stations. Any service station which is closed for more than twelve (12) consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use.

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

Child daycare centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility:

A.

A minor use permit shall be required to establish a child daycare center per Section 9.210.020. In addition, all facilities shall comply with this section and with any additional requirements imposed as part of the minor use permit or by any other applicable permit.

B.

All facilities shall be licensed and operated in accordance with state, county, and local health, safety, and other regulations.

C.

Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m.

D.

All facilities shall provide an on-site pickup/dropoff area. In addition, there shall be an on-site vehicle turnaround or alternatively, separate vehicle entrance and exit points.

E.

All parking, signs and outdoor lighting shall comply with the applicable regulations set forth in Chapter 9.150, Chapter 9.160 and Section 9.100.150, respectively.

F.

All facilities shall comply with the development standards of the district in which they are located, as set forth in Section 9.90.040.

(Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

Single room occupancy hotels (SROs) shall conform to the following requirements:

A.

Occupancy shall be limited to maximum two (2) persons per unit. Minimum unit sizes (not including toilet compartment) shall be: for one (1) person, one hundred fifty (150) square feet; and for two (2) persons, one hundred seventy-five (175) square feet.

B.

Each SRO unit shall be provided with the following minimum amenities:

1.

Kitchen sink with garbage disposal;

2.

A toilet and sink located in a separate room within the unit that is a minimum twenty (20) square feet;

3.

One (1) closet per person;

4.

Telephone and cable TV hookups.

C.

If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one (1) per seven (7) occupants or fraction thereof on the same floor, with doors lockable from the inside.

D.

If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator.

E.

If laundry facilities are not provided in each unit, common laundry facilities shall be provided, with one (1) washer and one (1) dryer for every twenty-five (25) units for the first one hundred (100) units and one (1) washer and one (1) dryer for every fifty (50) units over one hundred (100).

F.

Elevators shall be required for SROs of two (2) or more stories.

G.

A manual fire alarm system and a fully automatic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the fire chief.

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

A.

Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in certain zoning districts subject to approval of a conditional use permit when consistent with a specific plan as per the nonresidential table of permitted uses. Used vehicle sales facilities are subject to the use and design standards herein.

B.

Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited.

C.

Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of the Fire Department and the Riverside County Department of Environmental Health pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc.

D.

Standards for Used Vehicle Sales Facilities.

1.

Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles.

2.

Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval.

3.

Screening. A block wall of at least six (6) feet in height and a twenty (20)-foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and fences).

4.

Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one (1) foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas.

5.

Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets.

6.

Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four (4) acres in size.

7.

Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited on projects located within three hundred (300) feet of existing residences. In all other instances, outdoor loudspeakers and intercoms shall be subject to the provisions of Section 9.100.210 (Noise control).

(Ord. 550 § 1, 2016; Ord. 480 § 1, 2010; Ord. 472 § 1, 2009)

Drive-through facilities shall conform to the following regulations:

A.

No drive-through facility shall be permitted within two hundred (200) feet of any residentially zoned or used property.

B.

Safe on- and off-site traffic and pedestrian circulation shall be provided including, but not limited to, traffic circulation which does not conflict with entering or exiting traffic, with parking, or with pedestrian movements.

C.

A stacking area shall be provided for each service window or machine which contains a minimum of seven (7) tandem standing spaces inclusive of the vehicle being served. The standing spaces shall not extend into the public right-of-way nor interfere with any internal circulation patterns.

D.

The drive-through facility shall be designed to integrate with existing or proposed structures, including roof lines, building materials, signs and landscaping.

E.

Vehicles at service windows or machines shall be provided with a shade structure.

F.

Amplification equipment, lighting and location of drive-through elements and service windows shall be screened from public rights-of-way and adjacent properties per the provisions of subsection L of this section.

G.

Exits from drive-through facilities shall be at least three (3) vehicles in length, shall have adequate exiting sight-distance, and shall connect to either a signalized entry or shall be limited to right turns only. The drive aisle shall be a minimum of twelve (12) feet in width.

(Ord. 550 § 1, 2016)

A.

Purpose.

1.

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

2.

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

3.

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

B.

Definitions. See Chapter 9.280.

C.

Development Standards.

1.

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

2.

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

3.

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

D.

Low barrier navigation centers. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1.

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

2.

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

3.

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

4.

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

(Ord. 602 Exh. A, 2022; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013)