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ORD 212ORDINANCE NO. 212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.32 AND 9.204 OF THE LA QUINTA MUNICIPAL CODE REGARDING ON -SITE FENCING REGULATIONS FOR THE R-1 ZONING DISTRICT AND CONCURRENCE WITH THE PROPOSED NEGATIVE DECLARATION CASE NO. ZOA 92-025 - CITY OF LA QUINTA The City Council of the City of La Quinta does ordain as follows: SECTION 1. Section 4.1 of Riverside County Ordinance No. 348 (which was adopted by reference by this City Council by Ordinance 5, operative August 29, 1982) and La Quinta Municipal Code by amending Chapters 9.32.020 and 9.204.020 as shown in the attached Exhibits "A". SECTION 2. ENVIRONMENTAL. The Zone Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (as amended) and adopted by City Council Resolution 83-68 in that the Planning Director conducted an initial study and has determined that the proposed Zone Text Amendment will not have a significant adverse impact on the environment and a Negative Declaration is hereby adopted. 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, within 15 days after passage of this Ordinance, cause it to be posted in at least three 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 into 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 Septembeg 1992, by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff and Mayor Pena NOES: None ABSENT: None ABSTAIN: None ORDDRFT.018 1 ayk JOHN J. PENA, Mayor City of La Quinta, California ATTEST: AUNDRA L. JUHOLLk, City Clerk City of La Quinta, California DAWN HONEYWELL, City Attorney City of La Quinta, California ORDDRFT.018 Ordinance No. 212 EXHIBIT "A" ZONING ORDINANCE AMENDMENT 92-025 (EA 92-236) CHAPTER 9.204/WALLS, FENCES, AND LANDSCAPING: Amend 9.204.020 (Height Standards) as follows: "Except as provided in Section 9.204.030, walls or fences shall be as allowed in respective zone requirements for SR and R-1 Zones. In other residential zones a maximum 6 foot high wall or fence shall be allowed in rear, side, and front yard areas as approved by the Planning and Development Department, except as provided in Section 9.204.030. CHAPTER 9.32/R-1: Add to Section 9.32.020 (Development Standards) Subsection "G" to read as follows: FENCES/WALLS: 1. General Requirements: Property fencing shall be optional. The exception to this provision will be for private completely gated communities which are to have perimeter fencing but are not required to have rear or sideyard fencing inside the project unless required by an adopted specific plan, approved tract map conditions or by the Applicant's CC & R's. 2. Height/Location: Fencing for rear and interior side yards shall be limited to a maximum of 6-feet in height. The fence may be located on the property line. Fencing in the front and street side yards shall be limited as follows: Setback from Street Right-of-way Under 10' 10' up to 20' 20' and over Fence Height 4' maximum 5' maximum 6' maximum (Note: height of swimming pool fencing in front and exterior side yards is controlled by State Code and is exempt from the above regulations. Corner setback regulations for fencing and walls, per Chapter 9.204 must be complied with. Perimeter walls around tracts may be 6-feet in height and constructed on property line.) RESOPC.074 3 Ordinance No. 212 3. Construction Material/Standards: All fencing/walls shall conform with the following: A. Wood Fencing: Wooden fencing is permitted in the rear or interior sideyard only when not visible from the street. All wood fencing shall be constructed of #1 Cedar or Redwood, stained or painted to match or compliment the adjacent wall or structure. The wood, if compatible with the adjacent wall or structure, may as an alternative be water treated and left in the natural color. The fence boards may be erected horizontal or vertical and the minimum wood thickness shall be one inch. Support posts and the bottom fence rail shall be a minimum of 4" X 4" Redwood or pressure treated lumber, or steel/tubular steel or block placed 5- feet on center and imbedded in concrete or having a concrete footing. The posts shall be installed on the interior side of said lot with fencing material on the outside edge of posts. *Exception: Split rail Cedar or Redwood fencing is permitted within the front and street sideyards. B. Ornamental Iron Tubular Steel: Ornamental iron/tubular steel fencing may be used along the front or street side yards only. The iron/steel must be painted to compliment the adjacent wall or structure. C. Solid masonry fencing or walls (includes block, rock, brick, stucco): masonry fencing is permitted in the front, side, rear, and street sideyards. The fencing color must compliment the adjacent wall or structure. Masonry fencing or walls are required in the front, street sideyards and in any location which is adjacent or visible to any street or alley. D. Combination: Combinations of the above material maybe used provided that the bottom portion is constructed of a masonry material. Combinations using wood materials may only be used for the rear and interior sideyards when not visible from the street. E. Gates: Gates shall be constructed of ornamental iron/tubular steel and/or #1 Cedar or Redwood boards with a minimum wood thickness of one inch stained or painted to match or compliment the adjacent wall or structure. Wooden gates shall have a metal frame. F. Fences and walls shall generally conform with the design standards and typical layouts contained within the Manual on Architectural Standards, unless modified above. G. Temporary security fencing as required by any governmental agency shall be permitted notwithstanding any other provision of this title. RESOPC.074 4 Ordinance No. 212 H. Chain link fencing will be permitted for estate properties (lots greater than 20,000 square feet) but all fences within fifty feet (50') of the front yard property line shall include landscaping on the side that faces a public street. I. Tennis courts within a private gated community can be fenced with vinyl -coated chain link fencing provided the fencing cannot be viewed from a public thoroughfare and includes perimeter landscaping. The height of the fence shall not exceed ten feet. 5. Planning Director Review: Requests for exceptions to the above standards may be brought before the Planning Director for review. The Planning Director shall have the authority to review unusual circumstances of an applicant to ascertain whether the above standards are impractical or contrary to the purpose of the ordinance. The Director shall have the authority to evaluate architectural materials and/or architectural design modifications. 6. Maintenance: All walls and fences shall be continuously maintained in good repair. The property owner has 30-days after receiving notice to repair a wall or fence. The Building Official may grant a time extension not to exceed 60-days. RESOPC.074 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, 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. 212 which was introduced at a regular meeting held on the 4th day of August and adopted on the 15th day of September 1992, not being less than 5 days after introduction thereof. I further certify that the foregoing (3/) places within the City of La r s lution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California ordinance was posted in three Quinta as specified in a DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California do hereby certify that the foregoing Ordinance was po ed on September 24, 1992 pursuant to City Council Resolution. AUNDRA L. JUH , City Clerk City of La Quinta, California