ORD 560ORDINANCE NO.560
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SECTION 9.60.030 OF
TITLE 9 OF THE LA QUINTA MUNICIPAL CODE RELATED TO
STANDARDS AND CRITERIA FOR MATERIALS AND HEIGHTS
FOR FENCES AND WALLS
WHEREAS, the City Council of the City of La Quinta, California did, on the 5th day
of July 2017, hold a duly noticed public hearing for review of a City -initiated request of
Zoning Ordinance Amendment 2017-0002 to modify fences and walls standards and
criteria of Section 9.60.030 of Title 9 (Zoning) of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City
of La Quinta did, on June 13, 2017, adopt Planning Commission Resolution 2017-008
to recommend to the City Council adoption of said code amendments; and
WHEREAS, the Design and Development Department published a public hearing
notice for this request in The Desert Sun newspaper on June 23, 2017, 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 remove
unnecessary regulatory constraints to enable construction of fences and walls in
residential districts in the City of La Quinta, and
WHEREAS, the proposed zoning text amendments are necessary to implement
the General Plan 2035 adopted by the City Council at their regular meeting on
February 19, 2013, 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:
1. 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 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.
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 2 of 11
2. Public Welfare
Approval of the zoning code and map amendments 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. SECTION 9.60.030 FENCES AND WALLS shall be amended as written in
Exhibit A attached hereto.
SECTION 2. The proposed zone 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). The zone text amendments are consistent with the
previously approved findings of the General Plan 2035 EIR (Environmental Assessment
2012-622) as the proposed amendments implement the goals, policies, and programs
of the General Plan.
SECTION 3. That the City Council does hereby approve Zoning Ordinance
Amendment 2017-0002, as set forth in attached "Exhibit A" for the reasons set forth
in this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
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.
SECTION 6. 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 7. 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,
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 3 of 11
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 18th day of July 2017 by the following vote:
AYES: Councilmembers Fitzpatrick, Pena, Radii, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVA S, Mayor
City of La Quinta, California
ATTEST:
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SUSAN MAYSELS, City Cle
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 4of11
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 5 of 11
EXHIBIT A
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
MAXIMUM WALL,
HEIGHT
lr ti..T i
FENCES MORE THAN 30"
APART (between adjacent faces)
SHALL BE CONSIDERED
SEPARATE STRUCTURES FOR
PURPOSES OF MEASURING HEIGHT
INDEPENDENT WALL I —�— -
T� i
i
Measurement of Fence Height
INDEPENDENT WALL
Ir
l
ti
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
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 6 of 11
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.
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 7 of 11
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 side yard 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
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 8 of 11
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
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 9 of 11
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.
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
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 10 of 11
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. 466 § 1, 2009; 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)
Ordinance No. 560
Amendment to Title 9 Zoning
Adopted: July 18, 2017
Page 11 of 11
STATE OF CALIFORNIA j
COUNTY OF RIVERSIDE ss.
CITY OF LA QUINTA
I, SUSAN MAYSELS, 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. 560 which was
introduced at a regular meeting on the 5tn day of July, 2017 and was adopted at a
regular meeting held on the 18th day of July, 2017, 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. 2015-023.
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SUSAN MAYSELS, City Cl k
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on July 19, 2017, pursuant to Council Resolution.
SUSAN MAYSELS, City Cl
City of La Quinta, Califor is