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ORD 378 ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.60, SECTION 9.60.030- FENCES AND WALLS, OF THE LA QUINTA MUNICIPAL CODE, TO PERMIT SPLIT RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES CASE NO.: ZCA 2002-073 APPLICANT: CITY OF LA QUINTA WHEREAS, the City Council of the City of La Quinta, California, did on the 15th day of October, 2002 hold a duly noticed Public Hearing to amend Section 9.60.030 of the Municipal Code, to allow split two rail wood fencing in the front yard within residential zones; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of September, 2002, hold a duly noticed Public Hearing to amend Section 9.60.030 of the Municipal Code, to allow split two rail wood fencing in the front yard within residential zones; and WHEREAS, the text amendment is exempt pursuant to Chapter 2.6, Section 21080 of the Public Resources Code, California Environmental Quality Act statutes, and Section 15268, Ministerial Projects, of the CEQA Guidelines; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said City Council did make the following mandatory findings approving said Zoning Code Amendment: 1. The proposed text changes are consistent with the goals and policies of the La Quinta General Plan, and the Land Use Map for the General Plan and surrounding development and land use designations, ensuring land use compatibility. 2. The proposed text changes will not be detrimental to the public health, safety and welfare, as they have been designed to be compatible with surrounding development, and conform with the City's standards and requirements. 3. The proposed text changes supports the orderly development of the City. 4. That it does approve Zoning Code Amendment 2002-073 for the reasons set forth in this Ordinance and as contained in Exhibit "A" attached hereto. Ordinance No. 378 Zoning Code Amendment 2002-073 Adopted: November 5, 2002 Page 2 SECTION 2. ENVIRONMENTAL. This Zoning Code Amendment has complied with the requirements of the CEQA (California Environmental Quality Act of 1970 as amended) and adopted by City Council Resolution 83-68, in that the Amendments are found to be exempt from CEQA pursuant to Chapter 2.6. Section 21080 of the Public Resources Code, and Section 1 5268, Ministerial Projects, of the CEQA Guidelines. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4: POSTING. The City Clerk shall certify to the passage and adoption of this Ordinance, and shall cause the same to be posted in at least three public places designated by Resolution of the City Council, and shall cause this Ordinance and its certification, together with proof of posting, to be entered into the Book of Ordinances of this City. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of November, 2002, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pefia NOES: None ABSENT: None ABSTAIN: None ~~ JO'~NV. PE~,~Vlayor City of La Quii~ta, California ATTEST: JUNE~,JGREEK, cMc, ~-~y Clerk City of La Quinta, California (SEAL) Ordinance No. 378 Zoning Code Amendment 2002-073 Adopted: November 5, 2002 Page 3 APPROVED AS TO FORM: ~M.'KAi~HERI E JENSON, C~Attorney City of La Quinta, California Ordinance No. 378 Zoning Code Amendment 2002-073 Adopted: November 5, 2002 Page 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, JUNE S. GREEK, 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. 378 which was introduced at a regular meeting held on the 15th day of October, 2002, and was adopted at a regular meeting held on the 5TM day of November, 2002, 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 a Resolution of the City Council. JON~ GREEI(, CMC, ~yy Clerk City of La Quinta, California EXHIBIT "A" SECTION 9.60.030 FENCES AND WALLS. AMEND: E. Fence Construction and Materials. All fencing in... 1. Wood Fencing. a. Except for gates, split two rail fencinq, and equestrian fencing regulated... ADD: E.l.d. Split Rail Fencinq. Split two rail fencinq shall be allowed in the front yard or along the front property line with columns a maximum heiqht 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 buildinq permit shall be obtained prior to construction.