ORD 622 Title 8 Sections 8.02.020 & 8.06.020 Exempt Fences from PermitORDINANCE NO. 622
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SECTIONS
8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA
MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES
NOT OVER 7 FEET HIGH
WHEREAS, California Health & Safety Code Section 17958 and 18941.5
mandates that the City of La Quinta adopt ordinances or regulations imposing the
requirements of certain uniform industry codes adopted by the State pursuant to Health
& Safety Code Section 17922; and
WHEREAS, the State of California has adopted the 2022 editions of the California
Administrative Code, California Building Code, the California Residential Code, the
California Electrical Code, the California Mechanical Code, the California Plumbing Code,
the California Energy Code, the California Historical Building Code, the California Fire
Code, the California Existing Building Code, the California Green Building Standards
Code, and the California Referenced Standards Code, known collectively as the
California Building Standards Code, and comprising Title 24 of the California Code of
Regulations; and
WHEREAS, the California Building Standards Code establishes minimum
standards to regulate the construction of buildings throughout the State; and
WHEREAS, California Health & Safety Code Section 17958.5 permits the City of
La Quinta to make such changes and modifications to the California Building Standards
Code as are reasonably necessary because of local conditions; and
WHEREAS, the Building Official, and the Design and Development Director, have
recommended that changes be made to the adoption of the California Building and
Residential Codes to remove the local amendment and return the work exempt from
permit to the model code criteria of fences not over 7 feet high and clarify a permit is still
required for masonry/concrete walls over 3 feet in height measured from finished grade.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows..
SECTION 1. Sections 8.02.020 and 8.06.020 of Title 8 of the La Quinta Municipal Code
shall be amended as written in "Exhibit A" attached hereto.
SECTION 2. As recommended by the Building Official, and the Design and Development
Director, the previously adopted local amendment to work exempt from permit is no longer
reasonably necessary.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 — Work Exempt from Permit
Adopted: May 6, 2025
Page 2 of 6
SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least two 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.
SECTION 5. CORRECTIVE AMENDMENTS: That the City Council does hereby grant
the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency
of all approved text amendments prior to the publication in the La Quinta Municipal Code.
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 on this 6th day of May 2025, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 — Work Exempt from Permit
Adopted: May 6, 2025
Page 3 of 6
ATTEST:
MONIKA RADE A, Vity Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. INRKE, City Attorney
City of La Quinta, California
Ordinance No. 622 EXHIBIT A
Amending Title 8 Sections 8.02.020 and 8.06.020 — Work Exempt from Permit
Adopted: May 6, 2025
Page 4 of 6
8.02.020 Work exempt from permit.
Subsection 105.2 of Section 105 of the California Building Code is amended by deleting the subheading "Building"
and its listed items 1 through 13 and replacing them with the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses,
provided that the floor area does not exceed 120 square feet (11 mz ). It is permissible that these
structures still be regulated by Section 710A, despite exemption from permit.
2. Fences not over 7 feet (2134 mm) high and non -retaining masonry walls not over 3 feet (914 mm) in
height measured from finished grade.
3. Oil derricks.
4. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade to the top of
the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and
the ratio of height to diameter or width is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any
basement or story below and are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610
mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
11. Swings and other playground equipment accessory to detached one- and two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project
more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Non -fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753
mm) in height.
(Ord. 604 § 4, Exh. A(3), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013; Ord. 483 § 2, 2010; Ord.
447 § 2, 2007; Ord. 376 Exh. A(3), 2002; Ord. 330 Exh. A(5), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 §
1, 1987; Ord. 68 § 1, 1985)
Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 — Work Exempt from Permit
Adopted: May 6, 2025
Page 5 of 6
8.06.020 Work exempt from permit.
Subsection R105.2 of Section 105 of the California Residential Code is amended by deleting the subheading
"Building" and its listed items 1 through 10 and replacing them with the following:
Building:
1. Other than storm shelters, One-story detached accessory structures, provided the floor area does not
exceed 120 square feet (11.15 mZ ). It is permissible that these structures still be regulated by Section
710A, despite exemption from permit.
2. Fences not over 7 feet (2134 mm) high and non -retaining masonry walls not over 3 feet (914 mm) in
height measured from finished grade.
3. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade, unless
supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and
the ratio of height to diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610
mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm)
from the exterior wall and do not require additional support.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm)
above grade at any point, are not attached to a dwelling, and do not serve the exit door required by
Section R311.4.
All such structures must comply with the setback and height requirements of the La Quinta Municipal Code, as
applicable. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits are required for the
above -exempted items.
(Ord. 604 § 4, Exh. A(14), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013)
Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 — Work Exempt from Permit
Adopted: May 6, 2025
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 622 which was introduced
at a regular meeting on the 15th day of April 2025, and was adopted at a regular meeting
held on the 6th day of May 2025, not being less than 5 days after the date of introduction
thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No.
2022-27.
MONIKA RADE , City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on 7th of May 2025, pursuant to Council Resolution
2022-027.
MONIKA RADE , City Clerk
City of La Quinta, California