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01-07-2003 - Code Amendment #02-02 Related to Walls, Fences, & Hedges (Including Driveway Cutback Area)t City of West Covina Memorandum TO: Andrew G. Pasmant, City Manager AGENDA and City Council ITEM NO. C-1 FROM: Douglas N. McIsaac, Planning Director DATE January 7, 2003 SUBJECT: CODE AMENDMENT NO. 02-02 RELATED TO WALLS, FENCES AND HEDGES (INCLUDING DRIVEWAY CUTBACK AREA) RECOMMENDATION: . The Planning Commission and staff recommend that the City Coun ' introduce ordinance (Attachment "A") approving Code Amendment No. 02-02. DISCUSSION: On August 6, 2002, the City Council directed the Planning Commission to study an issue related to Section 26-413 of the Zoning Code pertaining to "driveway cutback areas" in single-family residential zones. The Planning Commission held a study session on October 8, 2002 to discuss the issue and provided direction to staff. On December 10, 2002, the Planning Commission voted to recommend approval of Code Amendment No. 02-02 as set forth in the attached exhibit. Driveway Cutback Area: The purpose and intent of the existing "driveway cutback" regulation is to ensure that there are no visual obstructions within this area that would make it difficult for a motorist backing out of a driveway to see a pedestrian walking across the path of the vehicle. In some cases, however, the existing regulations are unnecessary and/or inequitable. As recommended by the Planning Commission, the proposed code amendment would eliminate the existing driveway cutback regulations in the front yard, which prohibit any walls, fences, or hedges within a triangular area on either side of the end of a driveway. Instead, it was determined that the existing height limit of 42 inches on solid walls, fences, and hedges within the front yard was sufficient to provide the necessary visibility. The driveway cutback regulation, however, was reestablished for driveways on a street side yard where currently solid walls, fences, and hedges up to six feet in height are permitted. In addition, the amendment would modify the method in which the cutback is measured. Currently, the code requires the area to be measured from the property line, whether or not a sidewalk exists in the public parkway. The proposed amendment would allow the cutback to be measured from the curb, if no sidewalk exists in the parkway. In these type of situations, starting the cutback area at the curb line is not generally needed as there is no walkway for pedestrians to travel upon. Hedge Height: The second issue is the zoning regulation of hedges. The Zoning Code currently regulates the height hedges the same as walls and fences. The question was raised as to whether the height of hedges should be regulated or amended to be less restrictive. Upon deliberating this issue, the planning Commission recommended to continue to regulate the height of hedges the same as walls and fences, with the exception that hedges in side and rear yards adjacent to arterial streets or commercial areas should be allowed an additional height up to ten feet. ZACase Files\CODE AMEND\2002\CA 02-02 DRiveway cutback\CC\CodeAmendSR-drivewaycutback I ec.doc Code Amendment No. 02-02 Permitted Walls, Fences, and Hedges January 7, 2003- Page 2 PLANNING COMMISSION DISCUSSION AND RECOMMENDATION: On December 10, 2002, the Planning Commission held a public hearing and voted unanimously to recommend approval of the proposed code amendment. FISCAL IMPACT: It is not anticipated that the proposed code amendment will have any significant fiscal impact. r Re ed/Approved by: Douglas McIsaac Planning Director Attachments: Attachment A — Draft Code Amendment Ordinance Attachment B — Planning Commission Staff Report Code Amendment No. 02-02 Attachment C — Planning Commission Resolution ZACase Files\CODE AMEND\2002\CA 02-02 DRiveway cutbackWC\CodeAmendSR-drivewaycutback I mdoc January 07, 2003 5:14 PM Joanne Wilner 626-019-4416 p.01 January 7, 2003 Please orally read my letter into the record. To the City Council: Re: Agenda item C-1 related to walls, fences, and hedges Safety, visibility, and beauty through openness is what I believe the Council has in mind with this ordinance. If so, then I ask the following questions. 1- What action will be taken to enforce this code? There appears to be many violations to it at this time. 2- The code speaks to hedges that can block view, but what of trees that are located in the triangles by the driveways or columns of cypress that create a solid mass or foliage from trees that hangs down in the area that's over 42 inches and under the top limit permitted for a fence? 3- Am I correct that this code effects a neighbor's landscaping when my driveway is less than 10 feet from the property line? 4- How will residents receive notification of these rules? I think 90 % or more people do not know any of our landscaping or other rules and regs regarding maintenance and construction on property. Sorry I cannot be here to hear the answers to my questions. Joanne Wilner 2108 Casa Linda Dr. 91791 N0720J CITY CLERK'S OFFICE ``,! OF WEST COVIi`dr? SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 STATE OF CALIFORNIA County of Los Angeles IJpd Ge UUIUW [Ur use 01 %,UU11Ly %,ierK vliry) AN 2 2663 V2 - DEC 33 _, j59 WES f COVINA FINANCE DEH. PROOF OF PUBLICATION (2015.5 C.C.P.) am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 12/27/02 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 27 day of DECEMBER , 20 02 1 sign re 13 NOTICE OF PUBLIC I4EARI CITY OF COUNCIOL COVINA PURSUANT TO THE LAW AND IN CONFORMANCE I WITH 11THE NOTIFIED MUNICIPALRE HEREBY OF ADPUBLIC E YOU AHEARING OF THE WEST CITY OF WEST COVINA CITY COUNCIL. CODE AMENDMENT NO. 02 02 GENERAL EXEMPTION APPLICANT: City of West Covin 1a LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) of the West Covina Municipal Code amending regulations related to permitted walls, fences and r hedges (including the driveway cutback`area) in single-family residential zones. The Proposed code amendment is exempt from 'the _ provisions of the California Environmental Quality Act Jf (CEQA) pursuant to Section 15061(b)(3) of the ' CEQA Guidelines in that it consists of a. code amendment, which does not have the potential for causing a significant )effect on the environment. If you wish to challenge the Iaction (s) i taken on the request(s), you I' may. be limited to raising only those issues, which � I you (or someone else) raised Morally at'I this public hearing or inl, written correspondence received by the ;City at orI -before the hearing. PUBLIC HEARING WILL BEIEHELD: PLACE: ll 144t Covina West, Garvey a y 4Avenue,; South City Council Chambers j Level One - DATE: January 7, 2003 TIME: 7:00 P.M. 7P q If you have any questions, we urge you to i icontact Michael Hitz at (626) 939-8422 or 4 Room 208, at City Hall. i Only - through citizen -participation can your government.build a better City. BY ORDER OF THE CITY COUNCIL OF THE CITY OF WEST COVINA Publish: December 27, 2002 lF 1-San Gabriel Valley Tribune Adll No. 102234