ORDINANCE NO. 553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF

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1 ORDINANCE NO. 553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO DEVELOPMENT STANDARDS WITHIN THE VILLAGE BUILD- OUT PLAN WHEREAS, the City Council of the City of La Quinta, California did, on the 20th day of December, 2016, hold a duly noticed public hearing for review of a City -initiated request of Zoning Ordinance Amendment to modify Title 9 ( Zoning) of the La Quinta Municipal Code to support the implementation of the Village Build -Out Plan; and WHEREAS, the City Council of the City of La Quinta, California did, on the December, 2016, hold a study session to Environmental Impact Report and Zone Text Amendments; and 6th of review the Village Build -out Plan, WHEREAS, the Planning Commission of the City of La Quinta, California, died on the 22nd day of November, 2016, hold a duly noticed Public Hearing for review of Zoning Ordinance Amendment to modify Title 9 ( Zoning) of the La Quinta Municipal Code to support the implementation of the Village Build -Out Plan; and WHEREAS, the Planning Commission of the City of La Quinta did adopt Planning Commission Resolution to recommend to the City Council adoption of said zoning text amendments; and WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on December 9, 2016, as prescribed by the Municipal Code; and WHEREAS, Title 9 of the Municipal Code contains the chapters that address permitted uses, development standards, development review and permitting procedures; and WHEREAS, the proposed zoning text amendments are necessary to implement the goals and policies of the General Plan 2035 adopted by the City Council at their regular meeting on February 19, 2013; and the development anticipated in the Village Build -Out Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment:

2 Ordinance No. 553 Amendment to Title 9 Zoning - Village Build -Out Plan Adopted: January 3, 2017 Page 2 of Consistency with General Plan The zoning text amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy LU -1. 2, that all land use decisions shall be consistency with all applicable General Plan policies and programs and shall uphold the right and needs of Program LU a, property owners as well as those of the general public; Establish a Mixed Use Overlay for all the commercial zoning designations; and Program LU a, to amend the Zoning Ordinance to include standards for high density residential development within commercial zones. 2. Public Welfare Approval of the zoning text amendment will not create conditions materially detrimental to the public health, safety and general welfare. The amendments implement the General Plan 2035 and do not incorporate any changes that affect the regulation and/ or provision of public services, utility systems, or other foreseeable health, safety and welfare considerations. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. CHAPTER 9 shall be amended, as written in Exhibit A attached hereto. SECTION 2. The proposed zoning text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" ( CEQA) as amended ( Resolution 83-63). That the City Council has reviewed and considered the Environmental Impact Report for the Village Build -Out Plan ( SCH # ), and by adoption of Resolution , has adopted Findings and a Statement of Overriding Consideration and certified the EIR. SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment , as set forth in attached Exhibit " A" for the reasons set forth in this Ordinance. SECTION 4. adoption. This Ordinance shall be in full force and effect thirty ( 30) days after its SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

3 Ordinance No. 553 Amendment to Title 9 Zoning - Village Build -Out Plan Adopted: January 3, 2017 Page 3 of 16 SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 3rd day of January 2017 by the following vote: AYES: Council Members Fitzpatrick, Pena, Mayor Evans NOES: None ABSENT: Council Members Radi, Sanchez ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California 41,644 CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California

4 Ordinance No. 553 Amendment to Title 9 Zoning - Village Build -Out Plan Adopted: January 3, 2017 Page 4of16 EXHIBIT A Deleted in its entirety Village Commercial District A. Purpose. The purpose of the Village Commercial District is to develop The Village area as a year- round commercial, residential and recreational location, serving residents and guests of the greater La Quinta community; to promote development standards to accommodate projects and activities which will provide goods, services and housing; promoting pedestrian accessibility and scale, maintaining connections to La Quinta' s artistic and architectural heritage; and guiding design to acknowledge and embrace the desert environment. B. Permitted uses in the VC zoning district will combine urban living, essential day-to- day neighborhood goods and services, tourism and visitor -based retail and entertainment opportunities, and facilities necessary for the operational demands of such uses. C. Except as otherwise approved as part of a specific plan for the property, the uses permitted in the VC zoning district are listed in Table Village Build -Out Plan Area A. Purpose. The Village Build -Out Plan Area is the area depicted in the map below. The purpose of the Village Build -Out Plan Area is to promote development and redevelopment of the Village by providing development standards that encourage the implementation of Mixed Use projects, pedestrian scale development and connectivity, and economic growth.

5 Ordinance No. 553 Amendment to Title 9 Zoning - Village Build -Out Plan Adopted: January 3, 2017 Page 5of16 50TH AVE T cc 0 r LU G--A'L L-E TAMPICO AVENUE -52 Village Build -Out Plan Area The Village Build -Out Plan Area is planned to contain the following build out assumptions. Although the market will dictate the actual intensities that are developed, this Table will be used by the City to monitor development activity.

6 Ordinance No. 553 Amendment to Title 9 Zoning - Village Build -Out Plan Adopted: January 3, 2017 Page 6 of 16 Build -out Assumptions by Area Build -out Area Assumptions' Existing/ Future Residential? East of Bermudas West of Navarro Between Navarro and Bermudas North of Calle Tampico Misc Lots 1/ 2 acre of less Source: Notes: Ground floor commercial and residential above 50% ac and du/ ac Existing/ Future Non Res ( sq ft) 3 1. Assumes new dwelling units will be developed over commercial uses, in multiple story buildings. Ground floor commercial and ac and du/ ac Ground floor commercial and residential above ac Ground floor commercial and residential above du/ ac 2 -story buildings Commercial only, no residential TOTAL Existing: 3 du Future: 399 du Total: 402 du Existing: 23 du Future: 130 du Total: 153 du Existing: 6 du Future: 59 du Total: 65 du Existing: 251 du plus 290 hotel rooms Future: 613 du Total: 864 du Existing: 1 du Future: 0 du Total: 1 du Existing: 284 du Future: 1, 198 du Total: 1, 482 du City of La Quinta Village Build -out Plan Land Use Data, August Existing: 22, 825 Future: 302, 531 Total: 343, 356 Existing: 7, 200 Future: 21, 800 Total: 29, 000 sq ft Existing: 11, 000 Future: 45, 410 Total: 56, 410 Existing: 98, 500 Future: 346,465 Total: 444, 965 Existing: 12, 400 Future: 92, 580 Total: 104, 980 Existing: Future: 808, , 925 Total 960, Assumes the existing dwelling units will remain in place. 3. Assumes that some existing non- residential buildings will be replaced with new buildings. B. Development Standards. Projects in the Village Build -Out Plan Area are encouraged to implement the standards and incentives of Section , the Mixed Use Overlay. If the Mixed Use Overlay is not implemented, projects proposed within the Village Build -Out Plan Area shall be subject to the development standards in the underlying zone contained in Table 9-6, with the following exceptions. a. The maximum density allowed in the Build -Out Plan Area is 25 units per acre south of Calle Tampico, and 30 units per acre north of Calle Tampico. b. The maximum building height is 45 feet. Any proposed building height over 45 feet requires conditional use permit approval and shall not exceed a

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