MUP 2007-883City of La Quinta
Community Development Department
78-495 Calle Tampico
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-1233
OFFICE USE ONLY
Case No. Ci -7
Date Recvd. L ' ( - 0 -7
Fee:
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APPLICATION FOR MINOR USE PERMIT APPROVAL
MINOR USE PERMIT applications are reviewed and approved by the Community Development Director
pursuant to Section 9.210.020, of the Zoning Code. The purpose of the review is to ensure that land uses requiring
the permit do not have an adverse impact on surrounding properties, residents, or businesses.
APPLICANTy i li/7�4,e.e A r2A2
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MAILING ADDRESS 4 ' / _1*" ST Phone No. -3/0—,-;-
CITY,
/0O—,-;-CITY, STATE, ZIP: SAN *p AILIA
PROPERTY OWNER (If different):
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MAILING ADDRESS:
CITY, STATE, ZIP:
Phone No.
Fax No.
PROJECT LOCATION: �/- &49 45101 LLE7 %���I. ZL%L�✓a
PROPOSED USE AND/OR CONSTRUCTION (Including operational information):
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LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.):
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❑ Plot Plan, floor plans and elevation plans (as determined by Community Development Department staff).
Five (5) sets of plans on 8'/z" x I I" sheet or folded down to 8'/2" x 11 ".
❑ Filing fee for Minor Use Permit. If filing multiple applications, the most expensive application will be
charged full fee, with remaining related applications discounted 50% for each. This discount does not apply
to Environmental Information form.
NAME OF APPLICANT42.4
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SIGNATURE, OF APPLICANT��! DATE AkJ O
NAME OF PROPERTY OWNER Z -A /9,e 1 V& -A -z—
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SIGNATURE -OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT: DATE
(Signature provides consent for applicant to use site for proposed activity).
DATE
(Separate written authority by owner to submit application may be provided)
NOTE: FALSE OR MISLEADING INFORMATION GIVEN IN THIS APPLICATION SHALL BE
GROUNDS FOR DENYING APPLICATION.
A I Minor Use Permit
February 16, 2007
Mr. Rudy P. Elizarraraz
1218 E. 171h Street
Santa Ana, CA 92701
SUBJECT: MINOR USE PERMIT 2007-883
TEMPORARY CONSTRUCTION FENCE
Dear Mr. Elizarraraz:
Firtulcopy
The Community Development Department has reviewed and approved your request for
a temporary chain -linked fence with white mesh, located at 51-400 Calle Tamazula. The
approval is based on the following Findings and is the following Conditions.-
FINDINGS
onditions:
FINDINGS
1. Minor Use Permit 2007-883 is consistent with the La Quinta General Plan, in that
the proposed fence does not alter the approved land use for the property, or
affect land use on surrounding similar properties.
2. Minor Use Permit 2007-883 is consistent with the intent of the La Quinta Zoning
Code.
3. Processing and approval of Minor Use Permit 2007-883 is in compliance with the
California Environmental Quality Act.
4. Approval of Minor Use Permit 2007-883 is not detrimental to the public health,
safety and general welfare, nor injurious or incompatible with other properties
and land use in the vicinity. The proposed use has no impact on health or safety
issues, and will not affect physical land use characteristics in the vicinity.
CONDITIONS
1. The location of the fence shall comply with the exhibit on file with the
Community Development Department.
2. This temporary chain link fence approval shall expire upon completion of the
home at 51-400 Calle Tamazula.
P.O. Box 1504 - LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLS TAMPIC:O - LA QUINTA, CALIFORNIA 92253
(760) 777-7000 -FAX (760) 777-7101
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3. No barbed wire shall be attached to the fence. The fence shall be covered by
a white mesh material. The material shall be securely fastened to the chain
link fence.
4. The fence shall be located `off-street" and shall not prohibit pedestrian or
vehicular traffic from using Calle Tamazula.
5. The fence shall be no greater than 6 feet in height.
The City may elect to add Conditions to this application request to mitigate any
problems that arise not previously addressed herein.
This decision may be appealed to the Planning Commission by anyone provided they
submit the necessary paperwork and filing fee of $175.00 to this office within 15 days of
approval of this permit.
Should you have any questions please contact me at (760) 777-7125.
Sincerely,
ERIC CEJ
Assistant lanner
C: Building & Safety Department
Public Works Department
JAN -18-2007 07:58 PM
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9.210.020 Conditional use permits and minor use permits. Page 1 of 2
LaQuinta Municipal Cod0 •
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Title 9 ZONING
Chapter 9.2H DEVELOPMENT REVIEW__PERMITS
9.210.020 Conditional use permits and minor use permits
A. Purpose. The purpose of a conditional use permit or minor use permit is to provide for individual
approval or denial of land uses requiring such permits under this code. Uses requiring these permits have
potential for adverse impacts on surrounding properties, residents or businesses. Therefore, when such uses are
approved, conditions are placed on their establishment and operation to mitigate or eliminate such impacts. For
purposes of this section, the term "use permit' includes both conditional use and minor use'permits.
B. Definitions. "Use permit' means a discretionary entitlement under the provisions of this zoning code
which authorizes a specific use or development on a specific property subject to compliance with all terms and
conditions imposed on the entitlement.
1. Conditional Use Permits. Uses requiring a conditional use permit have moderate to significant potential
for adverse impacts on surrounding properties, residents or businesses; for example, kennels or animal shelters.
2. Minor Use Permits. Uses requiring a minor use permit have low to moderate potential for adverse
impacts on surrounding properties, residents or businesses. In most cases, such uses are accessory to a main or
principal use on the property; for example, a guesthouse on a lot containing a main residence.
C. Applicability. A conditional use permit or a minor use permit is required for all land uses identified in
this code as requiring such permits.
�conjunction D. Decision -Making Authority. Conditional use permits shall be reviewed by the planning commission in
with a public hearing held pursuant to Section 9.200.110. Minor use permits shall be processed
administratively by the community development director pursuant to Section 9.200.020.
E. Compliance with Permit. The establishment and operation of any land use authorized under a use permit
and any development associated with the permit shall be in compliance with the approved permit and any plans,
specifications and conditions of approval shown on and/or attached to the permit at all times.
F. Required Findings. The following findings shall be made by the decision-making authority prior to the
approval of either a conditional use permit or a minor use permit:
1. Consistency with General Plan. The land use is consistent with the general plan.
2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code.
3. Compliance with CEQA. Processing and approval of the permit application are in compliance with the
requirements of the California Environmental Quality Act.
4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the
public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the
vicinity.
G. Appeals. Appeals to decisions on use permits shall be reviewed pursuant to Section 9.200.120.
H. Expiration and Time Extensions. The decision-making authority may impose a time limitation on
establishment of the use, as defined in Section 9.200.080, and/or may establish an expiration date on the use
permit itself. Time extensions may be granted pursuant to Section 9.200.080.
1. Amendments. Amendments to use permits shall be processed pursuant to Section 9.200.100.
J. The use permit may be modified or revoked by the city council, or planning commission, should they
determine that the proposed uses or conditions under which it is being operated or maintained is detrimental
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9.60.030 Fences and walls. Page 1 of 3
La Quinta Municipal Code
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Title 9 ZONING
Chapter 9.60 SUPPLEMENTAL_R_ESIATIO
DENTIAL REGULNS
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9.60.030 Fences and walls.
A. Definition. 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.
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Measurement of Fence Height
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:
L Within Main Building Area. In the area of a lot where amain building maybe 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 five feet within the first ten feet of the required
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9.60.030 Fences and walls. Page 2 of 3
front setback area (measured dahe street right-of-way) and six feet withito 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 maybe constructed over a
gate on a lot provided the arch/trellis is integrated into the fence/gate design.
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 offences, 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 maybe 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 Fencing.
a. Except for gates, split two rail fencing, and for equestrian fencing regulated by Section 9.140.060, wood
fencing is permitted in rear or interior side yards only, and only if not visible from the street. 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. Fence boards may be horizontal or vertical. Support posts shall be a minimum of nominal four inches by
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9.60.030 Fences and walls. Page 3 of 3
four inches redwood, pressure*ed lumber, tubular steel or block and ins1io per the Uniform Building
Code.
d. 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.
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
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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 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. 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)
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