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

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

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

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

A.

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

B.

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

C.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

D.

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

1.

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

2.

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

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

A.

Applicability.

1.

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

2.

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

3.

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

B.

Application of Regulations to Property.

1.

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

2.

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

a.

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

b.

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

c.

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

d.

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

C.

Permitted Uses in HC District.

1.

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

2.

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

a.

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

b.

Flood control structures;

c.

Parks, lakes and passive recreation facilities;

d.

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

e.

Screened or undergrounded;

f.

TV, cable and radio antennas;

g.

Hiking, bicycle and equestrian trails;

h.

Single-family residential uses;

i.

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

3.

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

a.

Hiking, bicycle and equestrian trails not permitting vehicles.

b.

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

c.

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

D.

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

E.

Site Development Review Required. All development in the HC district shall be subject to site development review by the planning commission pursuant to Section 9.210.010. "Development" in this context shall include the following: grading, building, grubbing, or permitting any heavy equipment (equipment whose function is digging, clearing, earth-moving, grading, or a similar function disruptive to the natural terrain) access to the HC district property.

F.

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

1.

The health and safety of the public;

2.

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

3.

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

4.

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

5.

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

6.

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

G.

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

1.

Hydrology, drainage and flooding report for all sites;

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

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

H.

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

1.

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

a.

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

b.

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

c.

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

2.

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

a.

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

b.

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

c.

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

3.

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

a.

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

b.

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

c.

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

4.

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

I.

Grading, Grubbing and Scarring Control.

1.

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

2.

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

3.

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

4.

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

5.

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

J.

Development Standards.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

Landscaping.

a.

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

b.

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

8.

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

K.

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

L.

Transfer of Development Rights.

1.

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

2.

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

3.

Development rights may be transferred as follows:

a.

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

b.

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

c.

Development rights may be retained by an individual;

d.

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

4.

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

M.

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

N.

Ownership and Maintenance of Recreation/Open Space.

1.

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

2.

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

O.

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

1.

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

2.

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

3.

Approval of a specific plan for the property.

4.

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

5.

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

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

A.

Purpose of Regulations.

1.

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

2.

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

3.

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

4.

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

B.

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

C.

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

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

A.

Applicability. The EOD equestrian overlay district regulations set forth in this section shall apply to all areas of the city containing the "EOD" overlay designation on the official zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the EOD regulations, the EOD regulations shall control.

B.

Definitions. See Chapter 9.280.

C.

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

1.

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

2.

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

3.

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

4.

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

5.

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

D.

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

1.

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

2.

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

3.

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

E.

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

1.

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

2.

The following minimum setback requirements shall apply:

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

3.

Fencing.

a.

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

b.

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

4.

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

5.

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

6.

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

7.

Lighting. Any proposed lighting must comply with Sections 9.60.160 and 9.100.150 (Outdoor lighting). Lighting of equestrian and related activity areas shall not occur beyond 10:00 p.m. unless otherwise specified by an approved conditional use permit. This restriction does not pertain to general area and yard lighting associated with a primary residential use on equestrian property.

8.

Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between 8:00 a.m. and 10:00 p.m. unless otherwise specified by an approved conditional use permit.

F.

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

1.

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

a.

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

b.

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

2.

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

3.

Conditional Use Permits.

a.

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

b.

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

i.

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

ii.

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

iii.

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

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

A.

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

B.

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

1.

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

a.

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

b.

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

c.

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

2.

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

3.

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

4.

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

5.

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

6.

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

C.

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

D.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

E.

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

F.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

G.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

H.

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

I.

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

J.

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

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

A.

Applicability. The AHO overlay district and the provisions of this section apply to all areas of the city containing the "AHO" overlay designation on the official zoning map. These include the CC, CP, NC, CR, and VC commercial zones, and other sites, as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control.

B.

Definitions. See Chapter 9.280.

C.

Permitted Uses. See Section 9.120.020.

1.

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

2.

Affordable housing residential units on lots one (1) acre or greater in size, including those that are stand-alone, next to, and/or above nonresidential uses.

D.

Development Standards, All Residential Uses. See Section 9.130.010.

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

A.

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

B.

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

C.

Definitions. See Chapter 9.280.

D.

Permitted Uses.

1.

Any use permitted or conditionally permitted in the underlying district.

2.

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

E.

Development Standards.

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

Mixed Use Overlay District Maximum Building Height

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

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

Public Spaces.

a.

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

b.

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

14.

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

a.

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

b.

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

15.

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

16.

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

17.

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

18.

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

19.

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

20.

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

21.

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

22.

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

a.

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

b.

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

c.

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

d.

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

F.

Mixed Use Incentives.

1.

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

2.

Outside the Village Build-Out Plan Area, mixed use projects that include pedestrian, bicycle and golf cart circulation and facilities (paths, shaded parking, etc.) separate from vehicular circulation and facilities can reduce their vehicle parking requirement by fifteen percent (15%).

3.

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

4.

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

5.

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

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

A.

Permitted Uses.

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

B.

Designation on Zoning Map. When the A/ER overlay district is used, the zoning designation on the official zoning map shall consist of the base district symbol followed by the overlay district symbol enclosed in parentheses. For example, RL (A/ER).

C.

Development Standards, Residential Uses. See Table 9-9.

D.

Development Standards, All Nonresidential Uses.

1.

All buildings shall be limited to two (2) stories in height and a maximum of thirty-five (35) feet, measured from the finished Grade 6 of the pad.

2.

Setbacks. The following minimum setbacks shall apply from the property line:

Pasture: zero (0) feet

Accessory buildings: twenty (20) feet

Accessory structures: twenty (20) feet

Manure storage: twenty-five (25) feet

3.

Fencing. Properties containing one (1) or more uses may be fenced to a maximum of six (6) feet. Permitted fencing materials include chain link, cement block, wood, wrought iron or tubular steel. Razor wire or concertina wire is permitted for those uses listed under "Equestrian and Agriculture Uses" in Table 9-10.

4.

Parking. Parking shall be provided as required by Chapter 9.150.

5.

Lighting. All lighting shall comply with Sections 9.60.160 and 9.100.150.

6.

Loudspeakers. Loudspeaker systems or other amplified sound are limited to operation or use between 8:00 a.m. and 10:00 p.m. unless otherwise specified by an approved conditional use permit.

E.

"Right to Farm" Intent and Policies.

1.

Intent. It is the intent of the city to conserve, protect and encourage the development, improvement, and continued viability of its agricultural land and industries for the long-term production of food and other agricultural products, and for the economic well-being of the city's residents. It is also the intent of the city to balance the rights of farmers to produce food and other agricultural products with the rights of non-farmers who own, occupy, or use land within or adjacent to agricultural areas. It is the intent of this section is to reduce the loss to the area of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance. Nothing in this chapter shall be construed to limit the right of any owner of real property to request that the city consider a change in the zoning classification of his or her property in accordance with the procedures set forth in the La Quinta Development Code.

2.

Policies.

a.

No agricultural activity, operation, or facility, or appurtenances thereof, in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began.

b.

This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the state of California, if the agricultural activity, operation, or facility, or appurtenances thereof, constitutes a nuisance, public or private, as specifically defined or described in any such provision.

3.

This section is not to be construed so as to modify abridge the state law set out in the California Civil Code relative to nuisances, but rather it is only to be utilized in the interpretation and enforcement of the provisions of county ordinances and regulations.

F.

Notice to Buyers of Land.

1.

The director shall cause the following notice to be included on all tentative land division proposed that lies partly or wholly within, or within three hundred (300) feet of any land zoned for primarily agricultural purposes:

Lot(s) No. _______, as shown on this map, is (are) located partly or wholly within, or within three hundred (300) feet of land zoned for primarily agricultural purposes by the County of Riverside and the City of La Quinta. It is the declared policy of the City of La Quinta that no agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained for commercial purposes in the city, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years, if it was not a nuisance at the time it began. The term "agriculture activity, operation, or facility, or appurtenances thereof" includes all uses permitted in the Agricultural Overlay District, and includes, but is not limited to, equestrian activities, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber, viticulture, apiculture, or horticulture, the raising of livestock, for bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.

2.

The city engineer shall cause the notice described in paragraph 1 of this subsection to be included on any final land division proposed for recordation that lies partly or wholly within, or within three hundred (300) feet of, any land zoned for primarily agricultural purposes.

G.

Preservation of Agricultural Land Uses in Perpetuity. Any land owner wishing to continue a land use listed in Table 9-10, Permitted Uses in the Agricultural/Equestrian Residential District, may, at any time, exercise his or her rights under Chapter 9.190, Transfer of Development Rights.

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