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ORD 041 ORDINANCE NO. 41 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING SECTION 18.40 OF THE CITY'S ZONING ORDINANCE 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. Section 18.40 of the City of La Quinta Zoning Ordinance (Riverside County Ordinance No. 348 which was adopted by reference by this City Council by Ordinance No. 5) hereby is amended by amending subsection (c) thereof to read as follows: (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 cases where finish grade varies from one face to the other of a wall or fence, the height shall be measured from the lowest point of finish grade. 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. SECTION 2. Said Section 18.40 hereby is further amended by adding thereto subsection (e) to read as follows: (e) As an exception to the provisions of (c) above, in cases of retaining walls on the boundaries of lots, where the finish grade varies from one face to the other of such wall, the height of such wall may be increased so as to provide a wall height of not more than forty-two (42) inches above the higher point of finish grade, where necessary in order to provide "guardrail" protection as to the lot with the higher finish grade. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. 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 15th day of November , 1983, by the following vote: AYES: Council Members Allen, Henderson, Wolff and Mayor Baier. NOES: None. ABSENT: Council Member Cox. MAYOR ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, FRANK M. USHEr, City Clerk of the City of La Quinta, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 41 which was adopted at a regular meeting held on the 15th day of November 1983, not being less than five days following date of introduction. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta. city of La Quinta, california