ORD 063 ORDINANCE NO. 63
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, ADOPTING AND CONTINUING IN EFFECT AS
AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING
WALLS, GATES, FENCES AND RELATED IMPROVEMENTS ON OR
NEAR THE PERIMETER PROJECT BOUNDARIES OF CERTAIN
PLANNED RESIDENTIAL DEVELOPMENTS, SUBDIVISIONS AND
SIMILAR RESIDENTIAL PROJECTS WHICH MAY BE IN CONFLICT
WITH A CONTEMPLATED ZONING PROPOSAL, SAID REGULATIONS
TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO
GOVERNMENT CODE SECTION 65858.
The City Council of the City of La Quinta does ordain as follows:
SECTION 1. From and after the effective date of this Ordinance,
and for the period during which this Ordinance remains in effect, and
notwithstanding any other ordinance, resolution or regulation of the
City to the contrary, no officer, employee or department administering
City business shall accept or process any application for, nor shall
any person erect or construct any walls, gates, fences and related
improvements on or near the perimeter project boundaries of planned
residential developments, subdivisions and similar residential projects;
except that the Community Development Director may accept, process and
approve applications for walls, gates, fences and related improvements,
as follows:
(1) In such cases where there are zoning, subdivision and/or City
Council approvals which include authority for descretionary
design review of wall, gates, fences or related improvements
by the Community Development Department, or, in cases where
the Applicant voluntarily submits itself to said discretionary
design review.
(2) In such cases where there are existing walls, gates,
fences or related improvements which are being replaced,
provided that any replacement or new materials are
determined by the Community Development Director to be
compatible with existing and future walls, gates, fences
and related improvements in the surrounding area.
This ordenance is a continuation of Ordinance No. 60, which could only
remain in effect for a maximum of 45 days from its adoption as set forth
in Government Code Section 65858.
SECTION 2. URGENCY. This Ordinance is adopted as an urgency
measure pursuant to the authority of Section 65858 of the Government
Code of the State of California, for the immediate preservation and
protection of the public safety, health and welfare, and shall take
- effect immediately upon its adoption and passage by at least a four-
fifths vote of the City Council. The City Council finds and determines
that there is a current threat to the public health, safety and welfare
in that the City of La Quinta has recently been incorporated and because
inappropriately designed walls, gates, fences and related improvements
on or near the perimeter project boundaries can create visual blight
contrary to the public interest, it is necessary to restrict certain
ORD~NO. 63
walls, gates and fences until a systematic review and comprehensive
analysis of screening regulations, particularly those related to planned
residential developments, subdivisions and similar residential projects,
can be completed. It is contemplated that from such studies, which are
soon to be conducted by the City Council and the Community Development
Department, there will emerge a new zoning proposal regulating walls,
gates, fences and similar improvements for the City, and during the
interim period while this can be accomplished, it is essential that the
controls imposed by this Ordinance be maintained, so that uses and
improvements which would otherwise be established and developed during
the interim period will not thereafter be in conflict with the contem-
plated zoning proposal and development control proposal as aforesaid.
Further, there are presently pending, one or more applications for
permits for fence construction which would potentially be in conflict
with the proposed design regulations to be reviewed and studied.
SECTION 3. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance shall
remain in effect for a period of ten months and fifteen days pursuant
to Section 65858 of the Government Code of the State of California,
unless sooner repealed or otherwise modified, and subject to any
extension of the effective period duly enacted pursuant to and in
accordance with said Section 65858.
SECTION 4. POSTING. The City Clerk shall within 15 days after the
passage of this Ordinance, cause it to be posted in at least the 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 in the book of ordinances of this City.
The foregoing Ordinance was introduced and adopted at a meeting of
the City Council on this 18th day of September , 1984, by the
following vote:
AYES: Council Members Baier, Cox, Henderson, Wolff, and Mayor Allen.
NOES: None
ABSENT: None
MA~OR
ATTEST:
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
CI EY- 2 -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LA QUINTA )
I, FRANK M. USHER, City Clerk of the City of La Quinta, do
hereby certify the foregoing to be a full, true and correct
copy of Ordinance No. 63 which was adopted at a
regular meeting held on the 18th day of September
1984, not being less than five days following date of
introduction. I further certify that the foregoing
ordinance was posted in three (3) places within the City of
La Quinta.
city of La Quinta, california