MA 2007-587CITY l � LA QUINT R'7 ANCE Case No. 0- 5 0 7
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Fo APPLICATION FOR MINOR ADJUSTMENT v
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APPLICANT: Submit this form with two copies of a scaled site plan, drawn to adequately depict the nature of the request.
A nonrefundable fee of $200 is required when the Application is submitted. The check must be made payable to the "City
of La Quinta". A Minor Adjustment Permit (Section 9.210.040/Zoning Ordinance) may be approved only for deviations
of up to ten percent of a numerical development standard (for example, a reduction of one foot from a ten=foot setback
requirement) or for deviations specifically identified in the La Quinta Zoning Ordinance. Other deviations shall require
consideration.of a variance (pursuant to Section 9.210.030/Variance\Zoning Ordinance). If the Applicant is not the owner
of the property, a letter must be submitted by the owner authorizing the Applicant to execute this document"in his behalf.
PLEASE PRINT OR TYPE
APPLICANT/CONTRACTOR:_ %
a - hi I;o te��js�! U�� 2- DATE: /_ �-_ �
CONTACT PERSON (IF DIFFERENT): PHONE: 2r17
MAILING ADDRESS: S 3,3 4o A u iU 10 .4 v F &AC66 LA 6iu,,p2A C A• 9'2 Z S 3
(Address) (City) (State) (Zip)
OWNER'S NAME: .A �Q > 6 - 4A t T 14 A A Cif L ► �-
MAILMADDRESS: S 3340 A Ur_ Aj i 0A LA9'CV Z-A r iel d)-rA z5,6 V 22- S 3
(Address) (City) (State) (Zip)
STREET ADDRESS OF PROPERTY: S 33Y0 d uz M,0 VELACco
LEGAL DESCRIPTION OF PROPERTY: LOT # TRACT
ASSESSOR'S PARCEL NUMBER: 7 7Q - °8 5 - oo5
ADJUSTMENT REQUESTED:
REASON FOR REQUEST:
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SIGNATURE OF APPLICANT DATE--�i�►P° G
SIGNATURE OF OWNER (if not the same as apph nt)
PLANNER:
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The following findings shall be made by the decision -making authority prior to the approval of any Minor Adjustment
Permit:
1. Consistency with General Plan. The project is consistent with the General Plan.
2. Consistency with Zoning Code. The project is consistent with the provisions of the 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.
A2\Form013
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Ti4 4 4 Quba
January 30, 2007
Mr. Antonio Aguilar
53-340 Avenida Velasco
La Quinta, CA 92253
SUBJECT: MINOR ADJUSTMENT 07-587
53-340 AVENIDA VELASCO
Dear Mr. Aguilar:
C�r �
This letter is to report that the Community Development Department has reviewed your
Minor Adjustment application, pursuant to Section 9.210.040 of the City of La Quinta
Zoning Code.
Request:
To increase front and side yard fence height from sixty inches to sixty six inches
Decision:
Approval is granted for the requested increase in wall 'height, based on the following
findings:
• Minor Adjustment 2007-587 is consistent with the La Quinta General Plan, in that
the increase proposed does not alter the approved. land use for the property, or
affect land use on surrounding similar properties.
• Minor Adjustment 2007-587 is consistent with the intent of the La Quinta Zoning
Code, in that the requested adjustments will retain adequate front and side yard
separations as required under said Zoning Code.
• Processing and approval of Minor Adjustment 2007-587 is in compliance with the
California Environmental Quality Act: The adjustments requested fall under
CEQA Guidelines Section 15305(a), which includes minor setback and parcel
adjustments as Categorically Exempt under this Section.
P.O. Box 1504 • LA QUINTA, CALIFORNIA 92247-1504
78-495 CALLE TAMPIC:O • LA QUINTA, CALIFORNIA 92253
(7.60) 777-7000 -FAX (760) 17774101
• Approval of Minor Adjustment 2007-587 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 adjustment has no impact on health or safety
issues, and will not affect physical land use characteristics in the vicinity.
Based on the noted findings, your Minor Adjustment Permit is subject to the following
Conditions:
1. A building permit shall be -obtained from the Building & Safety Department prior
to construction of the wall.
Please be advised that this approval relates only to allowance of the reduction as stated
above, and does not imply any entitlement or approval of a building permit for ' any
structures shown on the plans on file. All other setback provisions and development
standards of the La Quinta Zoning Code are applicable and shall be adhered to in
preparing plans for building plan check..
If you have any additional questions, please contact me at 760-777-7125.
Sincerely,
ti
ERIC CEJA
Assistant Planner
C: Building & Safety Department
9.210.040 <em>Minor</em> adjustments.
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La Quinta Municipal Code
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Title 9 ZONING
Chapter 9.210 DEVELOPMENT REVIEW PERMITS
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9.210.040 Minor adjustments.
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A. Purpose. The purpose of a minor adjustment permit is to provide for minor deviations from certain
specific development standards set forth in this code.
,B. Definition. Minor adjustments are deviations in standards which have little or no potential for adverse
impacts on the surrounding community and which are reviewed administratively.
C. Applicability. A minor adjustment permit maybe approved only for deviations of up to ten percent of a
numerical development standard (for example, a reduction of one foot from a ten -foot setback requirement) or
for deviations specifically identified in this code. Other deviations shall require consideration of a variance
pursuant to Section 9.210.030. Only one setback adjustment per lot shall be allowed. Example —an adjustment
of the front and rear yard shall not be approved.
D. Decision -Making Authority. Minor adjustments shall be reviewed administratively by the director
pursuant to Section 9.200.020 unless combined with another application which requires discretionary review by
the planning commission or city council pursuant to Section 9.200.030.
E. Conditions of Approval. If a minor adjustment is approved, conditions maybe placed on the permit to
mitigate or eliminate adverse impacts on surrounding properties, residents or businesses.
F. Precise Development Plan. Upon approval, a minor adjustment permit constitutes a precise
development plan. Therefore, any development authorized under such a permit shall be in compliance with the
plans, specifications and conditions of approval shown on and/or attached to the approved permit.
G. Required Findings. The following findings shall be made by the decision -making authority prior to the
approval of any minor adjustment permit:
1. Consistency with General Plan. The project is consistent with the general plan.
2. Consistency with Zoning Code. The project is consistent with the provisions of this zoning code:
V3. 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.
H. Appeals. Appeals to decisions on minor adjustments shall be reviewed pursuant to Section 9.200.120.
I. Expiration and Time Extensions. The decision -making authority may impose a time limitation on
establishment of the minor adjustment permit as defined in Section 9.200.080. Time extensions may be granted
pursuant to Section 9.200.080.
J. Amendments to Minor Adjustment Permits. Amendments to minor adjustments shall be processed
pursuant to Section 9.200.100.
K. Staff Certification of Construction Documents. Prior to issuance of a building permit, the director shall
certify that final construction documents conform to preliminary plans (schematic elevations, preliminary site
and landscape plans, etc.) approved as part of the adjustment. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1
(Exh. A) (part), 1996)
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9.60.030 Fences and walls.
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La Quinta Municipal Code
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Title 9 ZONING
Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS
9.60.030 Fences and walls.
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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.
Measurement of Fmce Heioht
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 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.
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9.60.030 Fences and walls.
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a. Within all districts, the maximum fence height shall be five feet within the first ten feet of the reauy i�rgd
front setback area (measured from the street right-of-way) and six feet within anv rear or side se back 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.
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 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) westernred cedar, stained or painted to match or complement the
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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
four inches redwood, pressure -treated lumber, tubular steel or block and installed 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
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 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 § I (Exh. A)
(part), 2001; Ord. 325 § I (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exhs. A, B) (part),
1996)
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