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ORD 032ORDINANCE NO. 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE CITY'S ZONING ORDINANCE BY ADDING THERETO REGULATIONS RELATING TO LOCATION AND HEIGHT OF WALLS AND FENCES. The city council of the City of La Quinta, California, does ordain as follows: SECTION 1. Riverside County Ordinance No. 348 (which was adopted by reference by this city council by Ordinance No. 5, operative August 29, 1982) hereby is amended by adding thereto a new section, to be numbered SECTION 18.40, and reading as follows: SECTION 18.40 WALLS, FENCES AND LANDSCAPING. No person shall erect a fence or wall or visual obstruction, or permit the growth of a hedge or landscaping, on a residentially zoned lot, which is in violation of any of the following provisions: (a) Height Standards. Except as provided in subsection (b) below, walls or fences not exceeding six (6) feet in height shall be permitted in all side, rear and front yards and along all property lines, excepting the corner cutback areas. (b) Protection of Intersection Visibility. The following regula- tions shall apply regarding corner lots at the intersections of streets. (1) There shall be no visual obstructions as herein defined within the corner cutback area. The corner cutback area is hereby defined as the triangular area created by a forty-five (45) degree angle line on a horizontal plane connecting two (2) points on intersection property lines as shown on Exhibit "A". (2) In the corner cutback area, visual obstructions are hereby defined as any wall, fence, obstacle, mature landscaping or anything allowed, installed, set out or maintained which exceeds a height of three and one-half (33�) feet above the joining top of curb at the applicable corner of the street intersection, or three (3) feet above the nearest pavement surface where there is no curb, or the existing traveled roadway where there is no curb or pavement. (3) Exceptions. Visual obstructions shall not include existing or future permanent buildings, which are other- wise constructed or maintained in accordance with applicable zoning and building regulations; public utility poles, trees trimmed at the trunk at least eight (8) feet above the level of the reference point as defined herein provided trees are spaced so that trunks do not create a visual barrier, and official traffic or other governmental signs. (4) In residential zones, the corner cutback area shall consist of a triangular area created by the diagonal connection of two (2) points measured twenty (20) feet back from the intersection of the prolongation of the property lines abutting the two streets. (c) Method of Height Measurement. The height of walls, fences, hedges and landscaping, as permitted, shall be measured from finish grade as defined in Chapter 70 of the Uniform Building Code. In the event that practical difficulties and hardships result from the strict enforcement of these regulations due to grade problems of abutting street, slope of property, or other site conditions, the applicant requesting a building permit may apply for a variance as provided for. in Section 18.27 of this zoning ordinance. (d) Notwithstanding any provision of Section 18.8 to the contrary, any fence, wall, hedge or landscaping which is destroyed or damaged to the extent of more than 50% of its total replacement value, may not be reconstructed, repaired, rebuilt or reestablished. For purposes of this subsection, the portion thereof, which is in a corner cutback area shall be considered separately from the rest of any fence, wall, hedge or landscaping to which it is or was attached. SECTION 2. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. POSTING. The City Clerk shall within 15 days after passage of this ordinance, cause it to be posted in at least the 3 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 in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a meeting of the City Council held on this 7th day of June 1983, by the following vote: AYES: Council Members Allen, Wolff and Mayor Baier. NOES: Council Members Cox and Henderson. ABSENT: None. VIM Wi 74 W1, ATTEST: CITY L K APPROVED AS TO FORM: APPROVED AS TO CON ENT: CITY ATTORNEY f GER clip a PROPEITY LIIIE -� EXHIBIT "A" PERMITTED FENCES, HEDGES OR WALLS COFZNEF? LOT STREET SIOEVIALK LEGEND X X 3.5' MAX. HEIGHT FENCE OR WALL � 6' MAX. HEIGHT FENCE OR WALL CORNER CUT-OFF 'LINE Gen. Conds. 9302.00 Diagram -135 A - I hereby certify that the foregoing ordinance was adopted by the City Council of the City of La Quinta, California, at a meeting held June 7, 1983, and that the Ordinance was posted in at least the three public places specified for such postings by the City Council. Frank M. Ushe ,Ci y Clerk