MUP 2005-692La,�T City of La Quinta
Community Development Department
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78-495 Calle Tampico
�� 9w5w4 La Quinta, lifornia 92253
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OCT 212005
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OFFICE USE ONLY
Case No. b;�; — bq 2
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MINOR USE PERMIT applications are reviewed anrapproved by the Community Development Director
pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring
the permit do not have an adverse impact on surrounding properties, residents, or businesses.
APPLICANT
(Print)
MAILING
CITY, STATE, ZIP: Ate.) �
I
PROPERTY OWNER (If different):
V l.J
Fax No.
(Print)
MAILING ADDRESS: Phone No.
CITY, STATE, ZIP: Fax No.
PROJECT LOCATION:
PROPOSED USE AND/OR CONSTRUCTION (Including operational information):
J
LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.):
A 18\Minor Use Permit
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tUBMISSION RFOUIREMEN - •
❑ Plot Plan, floor plans and elevation plans (as determined by Community. Development Department staff).
Five (5) sets of plans on 8'/2" x I I" sheet or folded down to 8%z" x I I
Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be
charged full fee, with remaining related applications discounted 50% for each. This discount does not apply
to Environmental Information form.
NAME OF ,APPLICANT � \
SIGNATURE OF AiW,,L
NAME OF PROPERTY
SIGNATURE OF PROPERTY OWNER(S)
DATE
IF NOT SAME AS APPLICANT: DATE
(Signature provides consent for applicant to use site for proposed activity).
DATE
(Separate written authority by owner to submit application may. be provided)
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE
GROUNDS FOR DENYING APPLICATION.
A18\Minor Use Permit
•
P.O. Box 1504
LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLS TAMPICO
LA QUIN"rA, CALIFORNIA 92253
October 21, 2005
Ms. Patricia A. Rossworn
78-174 Calico Glen Dr.
Bermuda Dunes, CA 92203
SUBJECT: MINOR USE PERMIT 05-692
TEMPORARY CONSTRUCTION FENCE
Dear Ms. Rossworw
(7 60) 777-7000
FAX (760) 777-7101
The City of La Quinta Community Development Department has reviewed your request
for installation of a temporary construction fence at 52-333 Avenida Martinez. Our
Department has approved your request subject to the following conditions:
1. The applicant agrees to indemnify, defend and hold harmless the City of La
Quinta in the event of any legal claim or litigation arising out of the City's
approval of this project. The City of La Quinta shall have the right to select its
defense counsel in its sole discretion.
2. If a building permit is required, contact the Building and Safety Department at
(760) 777-7012 for permit requirements.
3. The maximum fence height shall be six feet.
The City may elect to add Conditions to this application request to mitigate any
problems that may arise and not previously addressed herein.
Should you have questions, please contact me at 760-777-7067 or via e-mail at
jwuu@la-quinta.org.
Very truly yours,
JAY WUU
Assistant Planner
c: Building & Safety Department
Code Compliance
C&t
P.O. Box 1504
78-495 CALLE TAMPICO
LA QUINTA, CALIFORNIA 92247-1504.
NOTICE OF VIOLATION
October 7; 2005
MR. ROSSWORN APN:
174 CALICO GLEN DRIVE BERMUDA DUNES, CA CASE #:
INDIO, CA 92203 OFFICER:
RE: 52333 AVENIDA MARTINEZ
RESIDENT/TENANT:
Kle-ve11
COMMUNITY SAFETY DIVISION
(760)777-7050
FAX (760) 777-7011
773-271-026
05-00001717
Kevin Meredith
This notice is hereby submitted to you as owner(s) of the above referenced property.
A recent inspection by a representative of the City of La Quinta Code Compliance Staff revealed
conditions in violation of the La Quinta Municipal Code on October 06, 2005.
They are as follows:
Violation Description
PUBLIC NUSIANCE DECLARED:
11.72.030 (T2): Allowing the following to exist on property:
Attractive nuisances such as abandoned or broken equipment
and machinery, hazardous:pools and excavations.
Violation Corrective Action
Remove from public view all of the identified items/refuse
that are the attractive nuisance(s) and secure the area
immediately to eliminate the hazard identified. .
You are required to complete the Corrective Action(s) for the violation(s) listed above within
TEN (10) DAYS from the date of this notice. Your property will be re -inspected to verify
compliance after the ten (10) day time frame has lapsed.
Failure to correct the above listed violation(s) within the time frame indicated will result in the -
City initiating abatement proceedings and/or administrative or criminal prosecution to correct the
violation(s).
CE N1
If the city is forced to initiate a abatement proceedings, the owner(slof record will incur the
direct cost of the abatement. Also, any additional costs assessed due to possible judicial process,
administrative process, and all contractor abatement costs will be charged to the property
owner(s) as a lien upon the property and shall become the personal obligation of the owner(s) on
record.
If you have any questions regarding this matter, please contact Kevin Meredith at 760-777-7017.
Please provide the case number, 05-00001717, and property address.
Your assistance in supporting the Code Compliance Division to maintain the safety and
appearance of our city is' greatly appreciated. You may contact me at the aforementioned phone
number if you require assistance.
Sincerely,
Kevin Meredith
Code Compliance Officer
CE NI
9.60.030 Fences and walls. 0 Page I of 3
i1..a Quinta Municipal Code
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Title 9 ZONING*
Chanter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.030 Fences and walls.
. A. Definition. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall,
sound attenuation wall, screen or windscreen. The terms "fence" and "wall" are used interchangeably in this
section to mean any or all of the preceding structures.
B. Measurement of Fence Height. Except as otherwise specified in this section, fence heights shall be
measured from finish grade at the base of the fence to the highest point of the fence on the interior or exterior
side, whichever is higher.
?Nfeas mment of Fence Height
Measurement of Fence Height
In addition, the following provisions shall apply to the measurement of fence height:
L. Open railings, up to forty-eight inches high, placed on top of a retaining or other wall and required for
pedestrian safety shall not be included in the height measurement.
2. Fences less than thirty inches apart (measured between adjoining faces) shall be considered one
structure and fence height shall be measured from the base of the lower fence to the top of the higher fence.
Fences thirty inches or more apart shall be considered separate structures and their heights shall be measured
independently. The director may require that the area between such fences be provided with permanent
landscaping and irrigation.
C. Fence Heights. The construction and installation of fences shall be in compliance with the following
standards:
I. Within Main Building Area. In the area of a lot where a main building may be constructed, the maximum
freestanding fence height shall be twelve feet..
2. Setback Areas Not Bordering Streets. The maximum fence height shall be six feet within any required
setback area not adjoining a street. Where the elevation of an adjoining building site is higher than the base of
the fence within a side or rear setback area, the height of the fence may be measured from the elevation of the
adjoining building site to the top of the fence. However, fence height shall not exceed eight feet measured from
either side with the exception of the RC district (see Section 9.30.040).
3. Setback Areas Bordering Streets, Alleys and Other Accessway.
a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the required
front setback area (measured from the street right-of-way) and six feet within any rear or side setback area
adjoining a public street.
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9.60.030 Fences and walls. • Page 2 of 3
b. Notwithstanding other fence height restrictions, where, because of the orientation of the lots,.a property
line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall
be six feet.
c. Arches or trellises up to nine feet in overall height and five feet interior width may be constructed over a
gate on a lot provided the arch/trellis is integrated into the fence/gate design.
d. Any portion of a building site where vehicular access is taken shall conform to the access intersection
requirements of subsection (C)(4) of this section.
e. City- or state -required sound attenuation walls bordering freeways or arterial highways may exceed six
feet in height if so recommended by a noise attenuation study and approved by the director.
4. Adjacent to a nonresidential zone or use. The maximum fence height between a residential zone or use
and a nonresidential zone or use shall be eight feet..
a. The height of fences, trees, shrubs and other visual obstructions shall be limited toa maximum height
of thirty inches within the triangular area formed by drawing a straight line:
L Between two points located on and twenty feet distant from the point of intersection of two ultimate
street right-of-way lines. - - -
ii. Between two points located on and five feet distant from the point of intersection of an ultimate street
or alley right-of-way on one hand and the edge of a driveway or another alley right-of-way on the other if
parkway width is less than twelve feet wide.
b. For purposes of this code, "point of intersection" means, the intersection of the prolongation of the right-
of-way lines, excluding any curved portion joining the two lines.
c. The height restrictions of this subdivision shall apply to fences, walls; trees, shrubs, vegetation,. or any
other material which obstructs or may obstruct visibility.
D. Gates.
1. Materials. Gates shall be constructed of ornamental iron/tubular steel and/or wood. Such gates may be
placed in any location provided they meet the requirements of this section and provided any wood used is not
less than a grade of construction heart or merchantable and better redwood or No. 2 and better (no holes)
western red cedar, stained or painted to match or complement the adjacent wall or structure. Alternatively, if
left in natural color, all wood shall be treated with a water -repellant material. Wood gates over thirty-six inches
wide shall have a metal frame. Chain link gates are prohibited. Vehicular driveway gates shall be constructed of
ornamental iron/tubular steel and metal if solid. If screening an RV, the gate shall be constructed of a solid
opaque material.
2. Width. Pedestrian gates shall not exceed five feet in width, except that gates may be any width within
sideyard setbacks of at least twelve feet.
E. Fence Construction and Materials. All fencing in residential districts shall conform to the following
construction and material standards:
1. Wood Fencing.
a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood
fencing is permitted in rear or interior side yards only, and only if not visible from the street. Gates may be of
wood in any location proyided -they comply with the standards of this section.
b. All wood fencing shall be constructed of not less than a grade of construction heart or merchantable and
better redwood or No. 2 and.better (no holes) western red cedar, stained or painted to match or complement
the adjacent wall or structure. Alternatively, if left in natural color, all wood shall be treated with a water -
repellant material.
c. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by
four inches redwood, pressure -treated lumber, tubular steel or block and installed per the Uniform Building
Code.
d: Split Rail Fencing. Split two rail fencing shall be allowed in the front yard or along the front property line
with columns a maximum height of four feet and three feet for the top rail. All columns shall be cemented with
footings. Materials for the columns shall be wood, brick, or block. The rails may be either wood or other non-
http://www.qcode.us/codes/laquinta/view.php?topic=9-9_60-9_60_030 10/7/2005
9.60.030 Fences and walls. • 0 Page 3 of 3
wood products that have the appearance of split rail. A building permit shall be obtained prior to construction.
2. Ornamental Iron and Tubular Steel Fencing. Ornamental iron or tubular steel fencing may be used along
the front or street side yards only. The iron or steel shall be painted to match or complement the adjacent wall
or structure.
3. Masonry Fencing. Solid masonry fencing (i.e., block, rock, brick, with or without stucco covering) is
permitted in any location on the lot provided the color of the masonry or stucco matches or complements the
adjacent wall or structure. Precision concrete block shall not be used unless all exterior surfaces visible from
outside the property are covered with stucco, paint, texture coating, or other comparable coating approved by
the director.
4. Material Combinations. Combinations of.two or more of the preceding materials maybe used provided
that the bottom one-half of the fence is constructed of a masonry material. Combinations incorporating wood
materials shall only be used for the rear and interior side yards and only when not visible from the street.
F. Fence Landscaping and Maintenance.
1. Landscaping. The area between the back of curb and any fencing shall be landscaped, have a suitable
permanent -irrigation system, and_be continuously maintained by the property owner.
2. Maintenance. All walls and fences shall be continuously maintained in good repair. The property owner
shall be provided thirty days after receiving notice from the city to repair a wall or fence. The building official
may grant an extension to such time period not to exceed sixty days.
G. Prohibited Fence Materials and Construction Fences. The use of barbed wire, razor wire, chain link, or
similar materials in or on fences is prohibited in.all residential districts. Chain link fencing is permitted for
temporary construction fences when authorized by.a minor use permit issued in accordance with Section
9.210.020. Said minor use permit shall not be approved until a permit for grading, or construction, has been
filed for, whichever comes first.
H. Equestrian Fencing. Notwithstanding any other requirements of this section, fencing shall be regulated
by the provisions of Section 9.140.060 (Equestrian overlay regulations) where the keeping of horses is
permitted.
I. Nonconforming Fences. Any fence which does not meet the standards of this section but which was
legally established prior to the adoption of these standards may be maintained provided such fence is not
expanded nor its nonconformance with these standards otherwise increased. Any fence which' is destroyed or
damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt, or
reconstructed except in conformance with these standards. (Ord. 378 § 1 (Exh. A), 2002;, Ord. 361 § 1 (Exh. A)
(part), 2001; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A. B) (part),
1996)
htt� ://www.qcode.us/codes/laquinta/view.php?topic=9-960-9_60030 10/7/2005
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