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PC Resolution 2017-008PLANNING COMMISSION RESOLUTION 2017 - 008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND SECTION 9.60.030 OF THE LA QUINTA MUNICIPAL CODE RELATING TO STANDARDS AND CRITERIA FOR MATERIALS AND HEIGHTS FOR FENCES AND WALLS CASE NUMBER: ZONING ORDINANCE AMENDMENT 2017-0002 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 13th day of June, 2017, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to amend Section 9.60.030 of the La Quinta Municipal Code, as identified by Title of this Resolution; and WHEREAS, said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed zone text amendment is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions - General Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment, and individual development plans will be reviewed under CEQA as they are proposed. WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on June 2, 2017, as prescribed by the Municipal Code; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings to recommend approval of said Zoning Ordinance Amendment to the City Council: 1. Consistency with General Plan The code amendments are consistent with the goals, objectives and policies of the General Plan. The proposed amendments are supported by Policy H-3.1, remove unnecessary regulatory constraints to enable construction or rehabilitation of housing that meets the needs of La Quinta residents, including lower income and special needs residents. 2. Public Welfare Approval of the code amendments will not create conditions materially detrimental to the public health, safety and general welfare. The amendments Planning Commission Resolution 2017 - 008 Zoning Ordinance Amendment 2017-0002 Applicant: City of La Quints Adopted: June 13, 2017 Page 2 of 2 assist in implementation of the General Plan 2035 Housing Element 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, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2017-0002, as set forth in attached Exhibit A, to the City Council for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held this 13th day of June, 2017, by the following vote: AYES: Commissioners Caldwell, Quill, Wright and Chairperson Bettencourt NOES: Commissioner Blum ABSENT: Commissioner McCune ABSTAIN: None PHILI F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: 1, ufrY2 GABRIE ER , Planning Manager City of La Qu nto, California EXHIBIT A 9.60.030 Fences and walls. A. Purpose. 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. OPEN RAILING UP TO 48" HIGH ON TOP OF MAX. HEIGHT WALL FOR PEDESTRIAN SAFETY INDEPENDENT WALL MAXIMUM WALL_ _ .� HEIGHT � FENCES MORE THAN 30" APART (between adjacent faces) SHALL BE CONSIDERED SEPARATE STRUCTURES FOR PURPOSES OF MEASURING HEIGHT —� z —J I- n I INDEPENDENT WALL Measurement of Fence Height In addition, the following provisions shall apply to the measurement of fence height: 1. 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: 1. 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 six feet within any front, rear or side setback area adjoining a public street. 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. The Director may refer arch designs exceeding the standard to the Planning Commission for approval. 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 to a maximum height of thirty inches within the triangular area formed by drawing a straight line: i. 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 and Vinyl Fencing. a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood and vinyl or similar recycled fencing materials are permitted in rear or interior side yards only, and only if not visible from the street. Wood -framed fencing with a stucco finish is a permissible in any location on the lot provided the color of the masonry or stucco matches or complements the adjacent wall or structure. Gates may be of wood in any location provided 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. All vinyl or similar recycled fencing material shall be constructed of an aluminum -reinforced non -reflective material that contains antistatic and UV -radiation inhibiting additives. d. 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. e. 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 -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 may be 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. 5. Other Materials. Other fence materials or combination of fence materials such as, but not limited to, corrugated metal, bamboo, and glass may be permitted in the front or street side yard by the Director in conjunction with approval of a building permit for fence construction if the permit application includes a materials sample, a site plan with proposed fence alignment, photographs of the main dwelling, and the following findings are made: a. The design of the fence, including but not limited to, the architectural style, materials, colors, architectural details, and other architectural elements is compatible with _a main dwelling existing on site or in development review at time of application. b. The fence meets all screening requirements. c. The material(s) are of good and durable quality. d. The material(s) will not be detrimental to the health, safety and general welfare of the community in the area.