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La Quinta City Zoning Code

CHAPTER 9

210 - DEVELOPMENT REVIEW PERMITS

9.210.010 - Site development permits.

A.

Terminology. For purposes of this code, site, architectural, lighting and preliminary landscape plans, related development plans, and sign programs are included within the term site development permit.

B.

Purpose. The purpose of a site development permit is to ensure that the development and design standards of this zoning code, including, but not limited to, permitted uses, development standards and supplemental regulations are satisfied. The site development permit process provides a means of achieving this purpose through city review of detailed plans for proposed development projects. Therefore, all development authorized under a site development permit and any land uses associated with the development shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

C.

Applicability. A site development permit is required for all projects which involve building construction except the following:

1.

Individual single-family houses and alterations to single-family houses or associated accessory structures, unless a site development permit is otherwise required by an applicable provision of this code or permit condition of approval.

2.

Temporary uses (requires temporary use permit per Section 9.210.050).

D.

Decision-Making Authority. Site development permits shall be processed as follows:

1.

The director shall be the decision making authority for the following projects:

a.

New office or commercial buildings no more than ten thousand (10,000) square feet that are not part of an approved master commercial development or specific plan.

b.

New building construction or remodeling (single and multiple family residential, office, commercial and/or institutional) and landscape plans within an approved specific plan.

c.

New buildings on vacant pads within an approved commercial development.

d.

New single family models and landscaping plans in an approved tentative tract map.

e.

New parking lots that require a site development permit, per Section 9.150.020(A).

2.

The planning commission shall be the decision-making authority for the following projects:

a.

New office or commercial buildings of more than ten thousand (10,000) square feet that are not part of an approved master commercial development or specific plan.

b.

New multifamily buildings and landscaping no part of an approved specific plan.

c.

New mixed use buildings and landscaping plans.

E.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any site development permit:

1.

Consistency with General Plan. The project is consistent with the general plan.

2.

Consistency with Zoning Code. The project is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Architectural Design. The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city.

5.

Site Design. The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city.

6.

Landscape Design. Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project.

F.

Appeals. Appeals to decisions on-site development permits shall be reviewed pursuant to Section 9.200.110.

G.

Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080(E).

H.

Amendments. Amendments to site development permits shall be processed pursuant to Section 9.200.100.

I.

Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the site development permit.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 425 § 1, 2006; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)

9.210.020 - Conditional use permits.

A.

Purpose. The purpose of a conditional use permit is to provide for individual approval or denial of land uses requiring such permits under this code. Uses requiring these permits have potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts.

B.

Definitions. See Chapter 9.280.

C.

Applicability. A conditional use permit is required for all land uses identified in this code as requiring such permits.

D.

Decision-Making Authority. Conditional use permits shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100.

E.

Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times.

F.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a conditional use permit:

1.

Consistency with General Plan. The land use is consistent with the general plan.

2.

Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

G.

Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.

H.

Expiration and Time Extensions. The period of validity for establishment or time extension of a conditional use permit shall be pursuant to Section 9.200.080.

I.

Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.

J.

The use permit may be modified or revoked by the city council, or planning commission, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.025 - Minor use permits.

A.

Purpose. The purpose of a minor use permit is to provide for individual approval or denial of land uses requiring such permits under this code.

B.

Definitions. See Chapter 9.280.

C.

Applicability. A minor use permit is required for all land uses identified in this code as requiring such permits.

D.

Decision-Making Authority. Minor use permits shall be processed administratively by the director pursuant to Section 9.200.020.

E.

Compliance with Permit. The establishment and operation of any land use authorized under a use permit and any development associated with the permit shall be in compliance with the approved permit and any plans, specifications and conditions of approval shown on and/or attached to the permit at all times.

F.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a minor use permit:

1.

Consistency with General Plan. The land use is consistent with the general plan.

2.

Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

G.

Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.110.

H.

Expiration and Time Extensions. The period of validity for establishment or time extension of a minor use permit shall be pursuant to Section 9.200.080.

I.

Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 489 § 1, 2011; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.030 - Variances.

A.

Purpose. The purpose of a variance is to provide for deviations from applicable standards of this zoning code such as the development standards set forth in Chapters 9.50 and 9.90. Therefore, any development or other activity authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

B.

Applicability. A variance is required for any development which is not consistent with applicable site development standards or other regulations of this code and which is not eligible for consideration as a minor adjustment pursuant to Section 9.210.040.

C.

Decision-Making Authority. Variances shall be reviewed by the planning commission in conjunction with a public hearing held pursuant to Section 9.200.100.

D.

Conditions of Approval. If a variance is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of a variance:

1.

Consistency with General Plan. The variance is consistent with the general plan.

2.

Consistency with Zoning Code. The variance is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the variance application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

5.

Special Circumstances. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulations. The special circumstances shall be specified in the adopted finding.

6.

Preservation of Property Rights. The granting of the variance is necessary for the preservation of a substantial property right possessed by other property in the same vicinity and zoning district and otherwise denied to the subject property.

7.

No Special Privileges. The variance's required conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations.

8.

No Land Use Variance. The approval does not authorize a land use or activity which is not permitted in the applicable zoning district.

F.

Expiration and Time Extensions. The period of validity for establishment or time extension of a site development permit shall be pursuant to Section 9.200.080.

G.

Amendments. Amendments to variance permits shall be processed pursuant to Section 9.200.080.

H.

Staff Certification of Construction Documents. If development is provided for under the variance, prior to issuance of a building permit the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the variance.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 284 § 1, 1996)

9.210.040 - Minor adjustments.

A.

Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain specific development standards set forth in this code.

B.

Definition. See Chapter 9.280.

C.

Applicability. A minor adjustment permit may be approved only for deviations of up to ten percent (10%) of a numerical development standard (for example, a reduction of one (1) foot from a ten (10)-foot setback requirement); for an approved or proposed map; approved or proposed development permit review; single family home building permit. Other deviations shall require consideration of a variance pursuant to Section 9.210.030. Up to three (3) adjustments per lot shall be allowed.

D.

Decision-Making Authority. Minor adjustments shall be reviewed administratively by the director pursuant to Section 9.200.020 unless combined with another application which requires discretionary review by the planning commission or city council pursuant to Sections 9.200.030 and 9.200.090(B).

E.

Conditions of Approval. If a minor adjustment is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

F.

Precise Development Plan. Any development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

G.

Required Findings. The following findings shall be made by the decision-making authority prior to the approval of any minor adjustment permit:

1.

Consistency with General Plan. The project is consistent with the general plan.

2.

Consistency with Zoning Code. The project is consistent with the provisions of this zoning code.

3.

Compliance with CEQA. Processing and approval of the permit application are in compliance with the requirements of the California Environmental Quality Act.

4.

Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity.

H.

Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.110.

I.

Expiration and Time Extensions. The minor adjustment will expire at the same time as the primary building or planning permit.

J.

Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed pursuant to Section 9.200.100.

K.

Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site and landscape plans, etc.) approved as part of the adjustment.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.050 - Temporary use permits.

A.

Purpose. The purpose of a temporary use permit is to regulate certain temporary land uses and activities to ensure that adverse impacts on surrounding properties, residents and businesses are minimized, that the time limitations for temporary uses are specified and complied with, and that the site of the temporary use is restored to its condition prior to establishment.

B.

Applicability. A temporary use permit is required for temporary uses permitted under this code.

C.

Decision-Making Authority. Temporary use permits shall be reviewed administratively by the director pursuant to Section 9.200.020.

D.

Conditions of Approval. If a temporary use is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Precise Development Plan. Any use or development authorized under such a permit shall be in compliance with the plans, specifications and conditions of approval shown on and/or attached to the approved permit.

F.

Required Findings. Findings required for approval of a temporary use permit shall be deemed to have been made if the director determines that the findings set forth for such temporary uses in the applicable section of this code have been satisfied.

G.

Time Limits. A temporary use permit shall be approved for no longer than eighteen (18) months, except as specified for stated temporary uses in their applicable sections of this code.

H.

Extensions. A temporary use permit may be extended for up to twelve (12) months. The filing of an application for extension shall stay expiration of the permit until action is taken on the time extension by the decision-making authority unless the application has been deemed incomplete and inactive pursuant to Section 9.200.070(B).

I.

The use permit may be modified or revoked by the director, should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare, or materially injurious to property, or improvements in the vicinity, or if the property is operated or maintained, so as to constitute a public nuisance.

(Ord. 618 § 1, Exh. A, 12-3-2024; Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

9.210.060 - Home occupation permits.

A.

Purpose. The purpose of a home occupation permit is to regulate certain incidental and accessory home enterprises in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. Regulations for home occupations are set forth in Section 9.60.110.

B.

Applicability. A home occupation permit is required for home occupations conducted within a residence which are accessory to the main residential use of the dwelling and which are permitted pursuant to Section 9.60.110.

C.

Decision-Making Authority. Home occupation permits shall be reviewed administratively by the director pursuant to Section 9.60.110.

D.

Conditions of Approval. If a home occupation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.

E.

Compliance with Permit. Any use or activity authorized under a home occupation permit shall be in compliance with the specifications and conditions of approval shown on and/or attached to the approved permit. Failure to comply with such specifications and conditions of approval may result in revocation of the permit.

F.

Required Findings. Findings required for approval of a home occupation permit shall be deemed to have been made if the director of building and safety determines that the standards set forth in Section 9.60.110 for home occupations have been or will be satisfied. These standards consist of the following:

G.

The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved.

H.

Only residents of the dwelling unit may be engaged in the home occupation.

I.

A home occupation shall be conducted only within the enclosed living area of the dwelling unit or within the garage provided no garage space required for off-street parking is used. The home occupation shall not occupy more than twenty-five percent (25%) of the combined floor area of the house and garage.

J.

A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure.

K.

There shall be no signs, outdoor storage, parked vehicles or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics.

L.

Electrical or mechanical equipment which creates interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.

M.

The home occupation shall not create dust, noise or odors in excess of that normally associated with residential use.

N.

No sales activity shall be conducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services.

O.

Create greater vehicular or pedestrian traffic than normal for the district in which it is located.

P.

Medical, dental or similar occupations in which patients are seen in the home are prohibited.

Q.

All conditions attached to the home occupation permit shall be fully complied with at all times.

(Ord. 550 § 1, 2016; Ord. 538 § 7, 2016; Ord. 284 § 1, 1996)