01-04-2000 - Code Amendment #292 - Fence Heights in Single-Family Residential Zones - General ExemptionCity of West Covina
Memorandum
TO: City Council and City Manager
FROM: Jeffrey W. Collier, Director AGENDA
ITEM NO. A-3
Public Services Department
DATE January.4, 2000
SUBJECT: CODE AMENDMENT NO. 292 - FENCE HEIGHTS IN SINGLE-
FAMILY RESIDENTIAL ZONES
GENERAL EXEMPTION
SUMMARY: This code amendment consists of changes in the zoning regulations governing .
the height in walls, fences, and hedges in single-family residential zones, in
particular allowing for an increase in the maximum height from six feet to
seven feet, subject to approval of an administrative use permit.
BACKGROUND:
Recently a situation arose in which the owner of a single-family home constructed a wall that
exceeded the current maximum wail height of six feet. The homeowner in question was
eventually required to bring the wall into conformance with the six-foot height limit; however,
it brought to light the question of whether homeowners should have the option to seek
approval of a slightly taller wall or fence if they so desire.
DISCUSSION:
The basic zoning regulations for walls, fences, and hedges in single-family residential zones is
divided into two areas: (1) the front setback area, and (2) all other portions of the lot. In the
front setback, solid walls and fences are permitted up to a height of 42 inches (3 feet, six
inches), with nonsolid fencing material (such as wrought iron) allowed up to a height of six
feet. In other portions of the lot outside of the front setback, the basic height limit is six feet.
There are other restrictions for corner lot and driveway cutback areas, and side and rear walls
adjacent to arterial streets are allowed up to eight feet in order to help in mitigating traffic
noise.
Staff has occasionally received requests from property owners for an increase in fence height
above the six feet now permitted in areas other .than the front setback. These requests have
been primarily concerned with privacy issues, particularly when a difference in grade or the
existence of a second story limits privacy within a resident's back yard.
The proposed code amendment attempts to address the desire for a minor increase in
allowable wall and fence heights while also protecting the concerns of other property owners.
This is proposed to be accomplished by allowing the maximum height of walls, fences, and
hedges to be increased from six feet to seven feet, subject to approval of an administrative use
permit. This increased height would only be allowed in areas other than the front setback, as
the height of walls and fences in the front setback is of greater sensitivity due to visual and
aesthetic considerations.
A request for a wall or fence in excess of six feet would require that the following findings be
made in order to approve an� administrative use permit:
• That the wall is necessary to provide safety, security and/or privacy for the subject
property.
• That the wall will not unreasonably disrupt access to light and views or otherwise
infringe upon the use and enjoyment of adjacent properties.
• That the wall has been designed in an architecturally integrated manner and utilizes
materials that are complimentary to.and compatible with the surrounding area.
Under the administrative use permit process, plans are first submitted for review by staff. The
City then mails a public notice to residents within 100 feet of the subject property, which
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Code Amendment No. 292 i
Fence Heights in R-1/R-A Zones .
January 4, 2000 - Page 2
provides a ten-day period in which anyone may request a public hearing before the City
Planner. The City Planner then makes a decision on the project, either administratively or at a
hearing, if one is requested. If desired, the decision of the City Planner can be appealed' to, the
Planning Commission and subsequently to the City Council.
In addition to the height increase, the code amendment also entails adding standards to specify
appropriate types of materials for the construction of walls and fences.. This is being proposed
in part to prohibit the use of poorer quality materials, such as plywood. Finally, the proposed
code amendment includes redrafting the existing zoning regulations regarding, walls, fences,
and hedges in order to provide better organization and clarity of the standards.
OPTIONS:
Should the Council elect not to adopt the proposed code amendment, the existing regulations
regarding wall and fence heights in single-family residential zones would continue in effect.
This would limit the height of walls and fences to a maximum of six feet, with the ability to
extend higher than this only being with approval of a variance.
The Council may also elect to modify provisions of the proposed code amendment; however,
by State. law any modification that was not previously considered by the Planning
Commission must first be referred back to the Commission for its report and recommendation
prior to adoption:
FISCAL IMPACT:
It is not anticipated that any of the proposed code amendments will result- in any significant
fiscal impact to the City. The cost of processing administrative use.permit. applications should
be generally offset by the collection of processing fees.,
PLANNING COMMISSION DISCUSSION & ACTION:
In considering this matter, the Planning Commission expressed the opinion that the proposed'
code amendment will allow reasonable flexibility to . homeowners, while providing' any
affected neighbors with an opportunity to comment.
On August 10, 1999, the Planning Commission conducted a study session on this matter and
provided direction to staff to prepare a code amendment. On November 23, 1999, the
Planning. Commission voted 4-0 (one. Commissioner absent) to adopt a resolution
recommending approval of Code Amendment No. 292 to allow an increase in the maximum
height of walls, fences, and hedges in the "R-l" and "R-A" Zones from six feet to seven feet,
subject to approval of an administrative use permit, and to make other minor changes to the -
regulations regarding walls and fences.
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Code Amendment No. 292.
Fence Heights in R-1/R-A Zones
January 4, 2000 - Page 3
RECOMMENDATION:
The Planning Commission and staff recommend that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING, CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL
CODE RELATED TO STANDARDS FOR FENCE HEIGHTS IN THE
"SINGLE-FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL
AGRICULTURAL" (R-A) ZONES (CODE AMENDMENT NO. 292)
Prepared by:
JaT6s Severance
Pfanning Assistant
Reviewed and approved by:
Services Director
Attachments: Draft Ordinance (with changes referenced)
Draft Ordinance (as proposed)
Planning Commission Report and Resolution
Z:\MEMOLTR\james\CA 292 fences\CA 292 CC DRAFT report.doc
ORDINANCE NO.
AN ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF WEST .
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER.26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO STANDARDS FOR FENCE HEIGHTS IN THE "SINGLE-
FAMILY RESIDENTIAL". (R-1) AND "RESIDENTIAL AGRICULTURAL"
(R-A) ZONES (CODE AMENDMENT NO. 292)
WHEREAS, the West Covina Municipal Code regulates the location. and heights of walls,
fences, and hedges in single-family residential zones; .and
WHEREAS, walls and fences in the rear yard areas of single-family residences help to
provide private recreational areas for residents; and
WHEREAS, the current height limit of six feet for walls and fences in some cases does not
provide for desired privacy and security, and under certain circumstances_ , slightly higher walls and
fences may be acceptable and appropriate; and
WHEREAS,, the administrative use permit process will allow the City to evaluate requests
for increases in fence or wall height wall on grounds including the need to provide privacy and
security, the protection of access to light. and views, and architectural compatibility; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14' day
of December, 1999, conduct a duly advertised public hearing as prescribed by law; at which time
the Planning Commission adopted Resolution No: 12-99-4566 recommending that the City Council
adopt Code Amendment No. 292; and
WHEREAS, the City Council considered `evidence presented by the. Planning Commission,
Planning Division, and other interested parties at a duly advertised public hearing on the 4`h day of
January 2000; and
NOW THEREFORE, the City .Council of the ' City of West Covina hereby ordains as
follows: r
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 292 is
hereby found to.be consistent with the West Covina General Plan and the, implementation thereof.
SECTION NO. 2: Because this project can not have a significant impact on the environment and it
is exempt from the provisions of CEQA as set forth in Section 15061 (b)(3) of the California
Environmental Quality Act of 1970 (CEQA).
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26
(Zoning) of the West Covina Municipal Code as follows:
Section 26-206 (d)(1)(a) shall be amended as follows:
- I
Sec 26-206. Notices.
(d)(1)a. 100 foot noticing radius: -Notices shall be mailed to the property owners and occupants of
the subject site and all properties located within a radius of one hundred (100) feet of the
exterior boundaries of the subject site for: large family day care homes, miniature
potbellied pigs, ' sign exception review, and outdoor uses within the outdoor uses overlay
zone, and wall and fence height increases:
Section 26-413 shall be amended'as follows:
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Z:VotEMOLTR\ja es\CA 292 fences\CA 292 CC ord - w-ref mzrks.doc
Ordinance No.
Code Amendment No. 292
Walls/Fence in R-AIR-1 Zones "
January 4, 2000 - Page 2
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Sec. 26-413. Wall, fence or hedge permitted:
(a) Within required front yard. Except as otherwise stated below, walls fences and hedges within
the required front ward shall not exceed a maximum height of 42 inches (3 feet 6 inches)
Nonsolid walls and fences in excess of 42 inches and up to a maximum height of six (6) feet
may be erected provided that the portion in excess of 42 inches shall be constructed of
decorative wood, wroueht iron, tubular steel, or like material such that at least 70 percent of the
thane of the fence or wall in excess of 42 inches in hei ht is open Columns posts and Qhlars
may be incorporated into the design of the fence or wall if the requirement for visibility is met
1. __ Driveway cutback area. No wall, fence, or hedge shall be permitted within a triangular area
formed by one line extending alon the edge of a driveway for the first ten (10) feet inward
from the front property line, one line extending along the front properly line for the first ten.
(10) feet outward from the edge of a driveway, and a diagonal line connecting the two lines
This restriction shall apply to all portions of the triangular area encompassing the subject „
and any adjoining properties.
2. Corner cutback area. On corner lots, walls fences hedges trees or other physical
obstructions shall not exceed a maximum height of 36 inches (3 feet) within a triangular
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Ordinance No.
Code AmendmentNo. 252
Walls/Fence in R-A/R=1 Zones.
January 4, 2000 - Page_3
area formed by lines- extending 15 feet along the front and side -property lines from the
intersecting point of the front property line and street side property line and a diagonal line
connecting the -two lines.
3. Where. more than one of the above standards apply: to the same area the more restrictive
standard shall apply.
B. Within areas other than required frontward. Walls, fences and hedges within areas other than
the required front yard' shall not exceed a maximum height of six (6) feet with the exception
that walls, fences, and hedges in excess of six (6) feet and up to a maximum height of seven (7)
feet may be permitted subject to approval of an administrative use permit pursuant to the
provisions of Section 26-270 through 26-274. Such walls and fences in excess of six (6) feet
shall require the issuance of a building_ permit.
1. Findings. Before an administrative use permit may be granted for a wall fence or hedge in
excess of six (6) feet, the followiniz findings shall be made:
(i) That the proposed wall fence or hedge is needed to provide sd
gV, security,
and/or privacy for the subject property.
(ii) That the proposed wall, fence, or hedge will not unreasonably disrupt access
to light and views or otherwise infringe upon the use and enjoyment of
adjacent properties.
(iii) That the proposed wall or 'fence" has been designed in an architecturally
integrated manner and utilizes materials that are complimentary to and
compatible with the surrounding area.
C. Ad
iacent to arterial streets.: For single-family residential lots walls fences and hedges along
the side and rear property lines adjacent to the rights -of -way of streets designated as principal or
minor arterials on the master plan of streets and highways shall be permitted up to a maximum
height of eight (8) feet, provided that walls, fences and hedgesin such locations shall also be
subiect to the height restrictions contained in subsection (a) above where applicable Such
walls and fences in excess of six (6) feet shall require the issuance of a building_ permit In
locations described above, a masonry wall eight (8) feet in height shall be required on lots for
which building_ permits for new single-family residences are obtained after 1989
D. Construction material. All walls and fences shall be constructed of appropriate and durable
materials, such as wood wrought iron tubular steel concrete brick stone or similar material
Materials of poor quality or unattractive appearance such as unfinished plywood fiberglass
corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited
The use of chain link fencing material shall be prohibited within the required front yard area
E. Maintenance. Maintenance and repair of all walls and fences adjacent to street rights -of -way
relating to aesthetics and structural safety, such as paint mortar loose blocks or damaged
sections, shall be the sole responsibility of the owner of the property on which the wall is
located. Graffiti removal shall be subject to the provisions of chapter 15 article V of the West
Covina Municipal Code.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF, THE WEST COVINA MUNICIPAL CODE
RELATED TO STANDARDS FOR FENCE HEIGHTS IN THE "SINGLE-
FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL AGRICULTURAL"
(R-A) ZONES (CODE AMENDMENT NO. 292)
WHEREAS, the West Covina Municipal Code regulates the location and heights of walls,
fences, and hedges in single-family residential zones; and
WHEREAS, walls and fences in the rear .yard areas of single-family-. residences help to
provide private recreational areas for residents; and
WHEREAS, the current height limit of six feet for -walls and fences in some cases does not
provide for desired privacy and security, and under certain circumstances, slightly higher walls and
fences may be acceptable and appropriate; and
WHEREAS, the administrative use permit process will allow the City to evaluate requests
for increases in fence or wall height wall on .grounds including the need to provide privacy and
security, the protection of access to light and views, and architectural *compatibility; and
WHEREAS; the Planning Commission, upon giving the required notice, did on the 14' day
of December, 1999, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 12-99-4566 recommending that the City Council
adopt Code Amendment No. 292; and
WHEREAS, the City Council considered evidence presented by the Planning Commission,
Planning` Division, and other, interested parties at a duly advertised public hearing on the 4' day of
January 2000; and
NOW THEREFORE, the City Council of the City of West Covina hereby ordains as
follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 292 is
hereby found to be consistent with the West Covina General Plan and the implementation thereof.
SECTION NO. 2: Because this project can not have a significant impact on the environment and it
is exempt, from the provisions of CEQA as .set forth in. Section .15061 (b)(3) of the California
Environmental Quality Act of 1970 (CEQA).
SECTION NO: 3: The City Council of the City of West, Covina hereby amends Chapter 26
(Zoning) of the West Covina Municipal Code as follows:
Section 26-206 (d)(1)(a) shall be amended as follows:
Sec.26-206. Notices.
(d)(1)a. 100 foot noticing radius: Notices shall be mailed to the property owners and occupants of the
subject site and all properties located within .a' radius of one hundred (100) feet of the exterior
boundaries of the subject site for: large' family day care homes, miniature. potbellied pigs, sign
exception . review, outdoor uses within the outdoor, uses overlay zone, and wall and fence height
increases.
Section26-413 shall be amended as follows:
Sec. 26-413. Wall, fence or hedge permitted.
(a) Within required front yard. Except as otherwise stated below, walls, fences', and hedges within
the required front yard shall not. exceed a maximum height Hof 42. inches (3 feet; 6 inches).
Z:\MEM0L7R\jams\CA 292 fences\CA 292 CC ord - proposed.doc
Ordinance No.
Code Amendment No. 292
Walls/Fence in R-A/R-1 Zones
January 4, 2000 _ Page 2
Nonsolid walls and fences in excess of 42 inches and up`to a maximum height.of six (6) feet
may, be erected provided that the portion : in excess Iof 42 inches shall be constructed of
decorative wood, wrought iron, tubular steel, or like material such that at least 70 percent of the
plane of the fence or wall in excess of 42 inches in height is open. Columns, posts, and pillars
may be incorporated into the design of the fence or wall if the requirement for visibility is met.
1. Driveway cutback area. No wall, fence, or hedge shall be permitted within a triangular area
formed by one line extending along the edge of a driveway for the first ten (10) feet inward
from the front property line, one line extending along the front property line for the first ten
(10) feet outward from the edge of a driveway, and a diagonal line connecting the two lines.
This restriction shall apply to all portions, of the triangular area encompassing the subject
and any adjoining properties. -
2. Corner. cutback area. On coiner lots, walls, fences, hedges, trees, or other physical
obstructions shall not exceed a maximum height of 36 inches (3 feet). within a triangular
area formed by lines extending 15 feet along the front and side property lines from the
intersecting point of the front property line and street side property line, and a diagonalline
connecting the two lines.
3. Where more than one of the above standards apply to. the same area, the more restrictive
standard shall apply.
B. Within areas other than required front yard. Walls, fences, and hedges within areas other than -
the required front yard shall not exceed a maximum height of six (6) feet, with the exception
that walls, fences, and hedges in excess, of six (6) feet and up to a maximum height of seven (7)
feet may, be permitted subject to approval.. of an administrative use permit pursuant to the
provisions 'of Section 26-270 through 26-274. Such walls and fences in excess of six (6) feet
shall require the issuance of a building permit.
1. Findings. Before an administrative use permit may be granted for a wall; fence, or hedge in
excess of six (6) feet, the following findings shall be made:
(i) That the proposed wall, fence, or hedge is needed to provide safety, security,
and/or privacy for the subject property,
(ii) That the proposed wall, fence, or hedge will not unreasonably disrupt access
to light and views or otherwise infringe upon the use and enjoyment of
adjacent properties.
(iii) That the proposed wall or fence has been designed in an architecturally
integrated manner, and utilizes materials that are complimentary to and
compatible with the surrounding area.
C. Adjacent to arterial streets. For single-family residential lots, walls,. fences, andhedges along
the side'. and rear property lines adjacent to the rights -of -way of streets designated as principal or
minor arterials on the master plan of streets and highways shall .be permitted.up to a maximum
height of eight (8) feet, provided that walls, fences, and hedges in such locations shall also be
subject to the height restrictions contained in subsection (a) above, where applicable. Such
walls and fences in excess of six (6) feet shall require the issuance of a building permit. In
locations described above, a masonry wall eight (8) feet in height shall be required on lots for
.which building permits for new single-family residences are obtained after 1989.
D. Construction material. All walls and fences shall be constructed of appropriate and durable
materials, such as wood, wrought iron, tubular steel, concrete; brick, stone, or similar material..
Materials of poor quality or. unattractive appearance, such as unfinished plywood, fiberglass,
corrugated metals, and bare metal wire (whether barbed, razor, or smooth) shall be prohibited.
The use of chain link fencing material shall be prohibited within the required front yard area.
';'Z:\MEMOLTR\j=m\CA 292 fences\CA 292 CC ord - proposed.doc `
.e. f
Ordinance No.
Code Amendment No. 292
Walls/Fence in R-A/R-1 Zones
January 4, 2000 - Page 3
E. Maintenance. Maintenance -and repair of all walls and fences adjacent to street rights-' way
relating to aesthetics and structural safety, such as paint, mortar, loose blocks, or damaged
sections, shall be the sole responsibility of the owner of the property on which the wall is
located. Graffiti removal shall be subject to. the provisions of chapter 15, article V of the West
Covina Municipal Code.
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 4h day of January 2000.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) .
CITY OF WEST COVINA )
1, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 4 h day of January 2000. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City. Council on the day of ; 2000.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
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TO: Planning Commission AGENDA
Item No. B-1
FROM: Public Services Department Date: 12-14-99
Planning Division
SUBJECT: CODE AMENDMENT NO.292
FENCE HEIGHTS IN SINGLE-FAMILY ZONES
GENERAL EXEMPTION
SUMMARY: A code amendment to amend . Chapter 26 (Zoning) of the West Covina
Municipal Code related to the height of walls, fences, and hedges in the "R-1"
(Single -Family Residential) and "RA" (Residential Agricultural) Zones.
BACKGROUND
On August 10, 1999, the Planning Commission evaluated options for an amendment to the
West Covina Municipal Code to allow greater flexibility in regulations for fence heights in the
rear and side yards of single-family lots within the City. Direction was given to proceed with
a code amendment to allow an increase in the maximum height of walls, fences, and hedges
outside of the front yard area from six feet to seven feet, subject to approval of an
administrative use permit (AUP).
DISCUSSION
As noted in the August 10, 1999 staff report (see attached), staff has received requests from
several property owners for an increase in fence height above the six feet now permitted in the
side and rear yard areas. These requests have been primarily concerned with privacy issues,
particularly when a difference in grade or the existence of a second story limits privacy within
a resident's back yard.
The study session staff report presented three options. The Commission directed staff to
pursue the second option, which was to adopt an exception to the six-foot limit in side and
rear yards, subject to the approval of an administrative use permit.
The height of walls and fences can become a sensitive issue among adjoining property
owners. One owner may wish a higher Wall or fence for security or privacy reasons, while
another owner may object to a height wall or fence height for reasons that it blocks views or
that it cuts off access to light.
It is anticipated that making taller walls and fences subject to the administrative use permit
process will provide a mechanism to balance out potentially competing concerns. The AUP
process will require that surrounding property be notified of proposed wall or fence and will
then have the opportunity to comment on it before it is approved. Also, findings. for the
approval of taller walls and fences have been included that will require both the need and
desire for the wall ' or fence by the applicant and the potential concerns of adjoining property
owners to be considered in the decision to approve. The findings will also consider_ the design
of the proposed wall or fence.
As directed by the Planning Commission, the following changes are proposed to the City's
current standards for promotional events:
1. Codify a requirement for an Administrative Use Permit should a homeowner
desire a fence or wall over six and up to seven feet high in the side and rear setback
areas, subject to specific findings.
2. Add specific language regarding types of fencing not permitted, namely barbed
wire, unfinished plywood, corrugated metal, and other "aesthetically offensive
materials.
3. Reword the existing standards in the code to aid clarity and increase conciseness.
ZAMEMOLTR\james\CA 292 fences\CA 292 PC report.doc
Code Amendment No. 29210 .
Fence, Heights in RA/R-I Zones,
December 14, 1999 - Page 2
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending to the City
Council approval of Code Amendment No. 292 related .to the height of walls, fences, and
hedges in single-family residential zones.
Jam Severance
Plafining Assistant
REVIEWED AND APPROVED:
Douglas . McIsaac
City P ` er
0
•
PLANNING
COMMISSION
RESOLUTION
NO.12-99-4583
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL THE APPROVAL OF CODE AMENDMENT NO. 292,
AMENDING CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO STANDARDS FOR
FENCE HEIGHTS IN SINGLE-FAMILY AND RESIDENTIAL
AGRICULTURAL ZONES
CODE AMENDMENT NO. 292
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: City-wide
WHEREAS, the West Covina Municipal Code limits the height and location of fences in
single-family zones within the City; and
WHEREAS, walls and fences in the rear yard areas of single-family houses are primarily
for the privision of privacy to the residents and neighbors; and
WHEREAS, the current limitation of walls and fences in the rear and. side yard areas to six
feet in height does not provide for any exceptions to. that standard; and
WHEREAS, under certain circumstances; _walls and fences in the rear yard up to seven feet
in height may be appropriate to provide adequate .privacy; and
WHEREAS, the City has an interest in 'allowing residents adequate privacy in their rear
yard areas; and
WHEREAS, the administrative use permit process will allow the City to evaluate requests
for increases in fence or wall height wall on grounds such as promotion of neighborhood character,
architectural conformity, and appropriateness of materials, while also allowing potentially affected
neighbors to voice their concerns; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 14`h day
of December, 1999, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, it has been determined that because this project can not have a significant
impact on the environment and it is exempt from the provisions of CEQA as set forth in Section
15061 (b)(3) of the California Environmental Quality Act of 1970 (CEQA).
NOW THEREFORE, the Planning Commission of the City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 292 is
hereby found to be consistent with the West Covina General Plan and the implementation thereof
SECTION NO.2: Because this project can not have a significant impact on the environment and it
is exempt from the provisions of CEQA as set forth in Section 15061 (b)(3) of the California
Environmental Quality Act of 1970 (CEQA).
SECTION NO. 3: The Planning Commission hereby recommends that the West Covina City
Council approve Code Amendment No. 292 to amend Chapter 26 (Zoning) of the West Covina
Municipal Code as follows:
ZAMEMOLTR\james\CA 292 fences\CA 292 PC reso.doc
Planning Commission Resolution No. 12-99-4583
Code Amendment No. 292
Walls/Fences in RA/R-I Zones
December 14, 1999 - Page 2
Sec. 26413. Wall, fence or hedge permitted.
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(a) Within required front yard. Except as otherwise stated below, walls, fences, and hedges
within the required front yard shall not exceed a maximum height of 42 inches Q feet, 6
inches). Nonsolid walls and fences in excess of 42 inches and up to a maximum hei hg t of
six (6)r feet may be erected provided that the portion in excess of 42 inches shall be
constructed of decorative wood, wrought iron, tubular steel, or like material such that at
least 70 percent of the plane of the fence or wall in excess of 42 inches in height is open.
Columns, posts, and pillars may be incorporated into the design of the fence or will if the
requirement for visibility is met.
(1) Driveway cutback area. No wall, fence, or hedge shall be permitted within a
triangular area formed by one line extending along the edge of a driveway for the
first ten (10) feet inward from the front property line, one line extending along the
front property line for the first ten (10) feet outward from the edge of a driveway,
and a diagonal line connecting the two lines. This restriction shall apply to all
Z:\MEMOLTR\james\CA 292 fences\CA 292 PC reso.doc - - -
Planning Commission Resolution No. 12-99-4583
Code Amendment No. 292
Walls/Fences in RA/R-1 Zones
December 14, 1999 - Page 3
portions of the triangular area encompassing the subject and any adjoining
properties.
(2) Corner cutback area. On comer lots, walls fences hedges trees or other physical
obstructions shall not exceed a maximum height of 36 .inches (3 feet) within a
triangular area formed by lines extending 15 feet along the front and side property
lines from the intersecting_ point of the front property line and street side property
line, and a diagonal line connecting the two lines.
(3) Where more than one of the above standards apply to the same area the more
restrictive standard shall apply.
(b) Within areas other than required front ward. Walls fences and hedges within areas other
than the required front yard shall not exceed a maximum height of -six (6) feet with the
exception that walls, fences, and hedges in excess of six (6) feet and up to a maximum
height of seven (7) feet may be permitted subject to approval of an administrative use
permit pursuant to the provisions of Section 26-270 through 26-274. Such walls and fences
in excess of six (6) feet shall require the issuance of a building permit.
(1) Findings. Before an administrative use permit may be granted for a wall fence or
hedge in excess of six (6) feet, the followina fmdings shall be made:
i) That the proposed wall, fence, or hedge is needed to provide desired safe
secgpi , and/or privacy for the subject property.
ii That the proposed wall fence or hedge will not unreasonably disru t access
to light and views or otherwise infringe upon the use and enjoyment of
adjacent properties.
(iii) That the proposed wall or fence has been designed in an architecturally
integrated manner and utilizes materials that are complimen to and
compatible with the surrounding area.
(c) Adjacent to arterial streets. For single-family residential lots walls fences and hedges
along the side and rear property lines adjacent to the rights -of -way of streets -designated as
principal or minor arterials on the master plan of streets and highways shall be permitted up
to a maximum height of eight (8) feet 'provided that walls fences and hedges in such
locations shall also be subiect to the height restrictions contained in subsection (a) above
where applicable. Such walls and fences in excess of six (6) feet shall require the issuance
of a building_ permit. In locations described above a masonry wall eight_ (8) feet in height
shall be required on lots for which building permits for new single-family residences are
obtained after 1989.
d) Construction material. All walls and fences shall be constructed of am)rovriate and durable
materials, such as wood, wrought iron, tubular steel concrete brick stone or similar
material. Materials of poor quality or unattractive appearance such as unfinished plywood
fiberglass, corrugated metals, and bare metal -wire (whether barbed razor, or smooth) shall
be prohibited. The use of chain link fencing material shall be prohibited within the required
front yard area.
(e) Maintenance. Maintenance and repair of all walls and fences adjacent to street rihg is -of -
way relating to aesthetics and structural safety, such as paint mortar, loose blocks or
damaged sections, shall be the sole responsibility of the owner of the property on which the
wall is located. Graffiti removal shall be subiect to the provisions of chapter 15 article V of
the West Covina Municipal Code.
ZAMEMOLTR\james\CA 292 fenceslCA 292 PC reso.doc - _ .
Planning Commission Resolution No. 12-994583
Code Amendment No. 292
Walls/Fences in RA/R-I Zones
December 14, 1999 - Page 4
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for its attention in the manner prescribed by law.
I, HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 14' day of December,
1999, by the following vote:
AYES: Chairman Clayton, Commissioners Solinger, and Warshaw.
NOES: None.
ABSENT: Commissioners Tafoya, and Tarozzi. .
DATE: December 14, 1999.
F
C' i
Philip L. Clayton, Chairman
Planning Commission
r
Douglas. McIsaac, Secretary
Planni Commission
Z:\MEMOLTR\james\CA 292 fe ces\CA 292 PC reso.doc
AGENDA
TO: Planning Commission ITEM NO. C-1
DATE: 08/10/99
FROM: Public Services Department
Planning Division
SUBJECT: STUDY SESSION ON WALL, FENCE & HEDGE STANDARDS FOR THE
"R-1" (SINGLE-FAMILY RESIDENTIAL) AND "R A" (RESIDENTIAL
AGRICULTURAL ZONES
SUMMARY: The purpose of this study session is to review options and need for amending the
City's current fence standards for the "R-l" (Single -Family Residential) and "R-A"
(Residential Agricultural) Zones. '
BACKGROUND
Recently, the owner of a single-family residential property erected a wall/fence exceeding the
maximum allowable height permitted along a side property line shared by a neighboring
residential property. The West Covina Municipal Code allows a six-foot high maximum solid
wall, fence or hedge within a side or rear yard setback, however the wall in question exceeds
seven feet. While code enforcement action has been taken to correct the violation, the City
Council has requested that the Planning Commission review the current wall height standards for
single-family residential properties.
DISCUSSION
ZONING CODE DEFINITIONS FOR FENCES, WALLS AND RETAINING WALLS:
The West Covina Municipal Code (WCMC) currently provides the following definitions for
fences, walls and retaining walls for reference with regard to this study:
Screened Wall or Fence: Any wall or fence, other than a retaining wall, designed and
constructed for the purposes of screening, security, and/or
separation of property.
Screen Wall or Fence, Solid: Any screen wall or'fence comprised of a material such that more
than 30 percent of the view the fence or wall is obstructed.
Retaining Wall: A wall designed to resist the lateral displacement of soil or other
materials. The height of a retaining wall shall be measured at
continuous points along the length of the wall from the top of wall
to the lowest adjacent finished grade.
Landscaped Crib Wall: A type of retaining wall comprised of hollow rectangular cribwork
of logs, timbers, reinforced concrete beams, or steel beams filled
with soil or rock, designed with vines and/or other planting
extended across the face of the wall.
Staff is of the opinion that the above definitions are adequate and do not need further refinement
or clarification. It should be noted, however, that although the. measurement of retaining wall
height is defined for retaining walls under the definition of "retaining wall," the measurement of
screen wall/fence height is not defined. Therefore, staff suggests'that any direction for preparing
a code amendment to the wall/fence standards for the single-family residential zones should
include the addition of a wall/fence height measurement definition.
ZAPLANC0M\S&ptdd\FENCE STUDY.doc
0
0
Planning Commission Staff Report
Residential Fence Standards Study Session
August 10, 1999 - Page 2
FRONT YARD FENCE, WALL AND HEDGE HEIGHT STANDARDS:
The following summarizes West Covina's current wall, fence, hedge standards for front yards of
properties located in the "R-1" and "R-A" Zones:
• Front Yard Setback Area (front 25 feet of lot):
Solid wall, fence or hedge
Decorative wood or wrought iron -
(No more than 30% view obstructed
for portion of fence greater than 42" high)
42 inch high maximum
6 foot high maximum
No chain link permitted in front yard setback areas
As shown in the table provided on Attachment — A, wall height standards used in 11 other cities
can be compared to wall height standards used in West Covina. In comparing the wall height
standards for front yard setback areas, West Covina is consistent with the maximum height limits
established in a majority of the cities surveyed. The typical height limit is 42 inches for solid
walls and in many cases the same limitation is applied to non -solid or non -view obscuring
wrought iron or wood picket fences. West Covina appears to be more flexible by allowing non -
view obscuring fences, i.e. wrought iron and the like to extend greater than 42 inches in height up
to six feet maximum in the front yard setback areas.
In reviewing West Covina's fence/wall height standards for front yard setback areas (the front 25
feet of a lot), the following should be considered. The front yard setback area is a quasi -public
space, is usually directly visible from a public street and can be easily seen by motorists and
pedestrians. While some people may feel more secure by having full height solid walls or fences
enclosing their front yard areas, such walls might actually create a false sense of security. By
erecting such walls/fences, neighbors would no longer have the ability to . see persons
approaching a home, thereby allowing intruders to be less visible.
Moreover, allowing such walls would aesthetically disrupt the character of the streetscape, as
well as increase the potential for creating hazards related to view obstructions to cars backing out
of driveways onto streets. Given these circumstances, staff would not recommend that the
current wall and fence height regulations for front setback areas be amended to allow for
increased heights.
SIDE YARD FENCE, WALL AND HEDGE HEIGHT STANDARDS:
The following summarizes West Covina's current wall, fence, hedge standards for side and rear
yard setback areas:.
• Side and Rear Yard Setback Areas including corner lot street side yards:
Any wall, fence or hedge
- 6 foot high maximum
Upon issuance of a building permit approving structural safety, a masonry wall not more than
8 feet high may be erected along a side or rear yard property line adjacent to principal and
minor arterials on the master plan of streets and highways.
West Covina and- ten of the eleven cities surveyed allow for. a solid wall, fence or hedge a
maximum of six feet high in the side or rear yard setback areas of single-family residential lots.
One city, Downey, allows up to seven feet.
Planning Commission Staff Report
Residential Fence Standards Study Session
August 10, 1999 - Page 3
In evaluating the City's wall height standards with respect to privacy, the side and rear yard areas
of a single-family residential site are considered to be more private than the front yard areas.
Side and rear yards are typically surrounded by fences or walls whereby access is taken either
through a gate accessed from the front yard or from within the home. This area is where a family
can congregate outdoors in relative privacy.
The six-foot maximum allowable wall/fence height for side and rear yards is approximately the
average height of an adult male. Given that the grade on one side of a side or rear property line
wall was equal to the grade on the opposite side and that properties on either side of a wall were
flat, the average person looking . towards the neighboring property could not see into the
neighbor's yard as shown in Illustration 1 (flat lot side yard screen wall example) of Attachment
«B �,
However, as shown in Illustrations 2 and 3 of Attachment `B, when there 'is a variation between
grades on either side of a wall, or when a neighboring site has a significant slope, privacy may be
compromised. Each property has it's own unique characteristics and in some cases even taller
walls cannot ensure privacy. As indicated above, a six-foot high wall or fence should be
generally adequate in most circumstances to provide reasonable privacy and screening. In some
circumstances, however, whether due to grade differences or simply the desire of a homeowner
for greater security and privacy, there may be situations where a slightly taller wall or fence may
be acceptable.
If the City were to allow higher wall and fence heights, the increased height should be limited to
no more than seven feet. Furthermore, allowing walls and fences over six feet should be subject
to approval of an administrative use permit.
Some of the other cities surveyed have provisions, which allow for wall height flexibility. By
requiring an administrative use permit for alternative wall heights, such review would require
that property owners and occupants within a specified radius of the subject property. (typically
100 feet) be given notice of the request and an opportunity to request a public hearing on the item
within a specified time frame (typically 10 working days). Criteria for review. of such
applications might include stricter design criteria with respect to wall/fence materials, texture,
articulation, color and variation in color and texture to ensure aesthetically pleasing walls that are
architecturally compatible with neighboring properties. Consideration or findings requiring the
provision of light, air and open space, preventing obstruction of views of natural features such as
the mountains and establishing aesthetic criteria could also be established as part of the review
process.
RETAINING WALL HEIGHT STANDARDS:
The following summarizes West Covina's current retaining wall standards for retaining walls
located on any portion of a property located in the "R-1" and "R-A" Zones:
Retaining walls - 4 foot high maximum
Retaining walls combined with a - 8 feet 6 inches total combined height
screen wall
The maximum allowable combined retaining/screen wall height of 8 feet 6 inches is designed to
allow for 2 feet 6 inches of retaining wall and six feet of screen wall/fence above a retaining wall.
Any retaining wall greater than 2 feet 6 inches requires a permit from the Engineering Division
and any screen wall greater.than 6 feet requires a building permit from the Building Division.
Z:\PLANCOM\Sfrptdd\FENCE STUDY.doc
Planning Commission Staff Report
Residential Fence Standards Study Session
August 10, 1999. - Page 4
While the maximum height limits are shown above, West Covina, code currently allows
additional height for retaining walls and combination retaining/screen walls subject to approval
of an administrative use permit. However in no case shall a retaining wall exceed 8 feet in height
and in no case shall a landscaped crib (retaining) wall exceed 15 feet in height.
Staff feels that the current retaining wall height standards provide adequate flexibility in that
retaining wall heights in excess of the heights specified above are allowed through approval of an
administrative use permit.
PLANNING COMMISSION OPTIONS. -
Listed below are the basic options that could be considered by the Planning Commission to
address this issue:
Option 1: Determine that the current, fence/wall height standards for the single-family
residential zones are adequate and take no further action on this issue.
Option 2: Direct staff to draft a code amendment to allow for an increase in the maximum
height of walls, fences, and hedges in the side and rear setback areas up to a
maximum. of seven feet. - Allowing such increased height should be subject to
approval of an administrative use permit. Through the administrative use permit
review, wall height design criteria, findings and/or conditions of approval could
be established to ensure that walls exceeding six feet in height are designed to be
aesthetically pleasing and architecturally compatible with the surrounding
development. Additionally, a definition for the measurement of screen wall
height could be added to the single-family residential fence height standards.
Option 3: Direct staff to draft a code amendment to amend the wall height standards for the
single-family residential zone with revisions to or in a manner other than that
prescribed in Option 2.
RECONUgENDATION
Staff recommends that the Planning Commission review the information in this report and
provide appropriate direction to staff regarding possible amendments to the City's single-family
residential wall, fence and hedge height standards.
Do6:u4A4��&Zd1l_,A:1C2P_
Planning Assistant
REVIEWED AND APPROVED:
ZAPLANCOMBSfrptdd\FENCE STUDY.doc
ATTACHMENT A
City Survey of Single -Family Residential Fence, Wall & Hedge Standards ,
Front Yard
Side & Rear Yard not in
Front Yard Setback
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Fence
6'-0'�
A masonry wall not nnore than. 8 feet' in height of material similar incompostton to any extsting masonrywall may be`
West Covina
42'°, 36" in 15-foot corner
triangular area at corner lot."
6'-0"; ortion in excess of 42"
erected alon the side and rear roe 'lines adjacent to the ri ht-of-wa' of streets desi aced as `.` rinci' al" and "minor"'
to be decorative wood or w,i. !
arterials on the master plan of streets and highways, provided not access to the residential 1of is taken from the principal or',
w/ no more than 30%view
minor arterial. AUP required for retaining walls and combined wall/fOaining walls exceeding specified heights.
obstructed).
Azusa
42" any wall or fence
N/A
6'-0"
The Director of Community Development may, without notice of a hearing grant a modification to fence height regulations
based on specific circumstances as follows:
1) sites occupied by federal, state or city agencies
2) where required by any other ordinance, statute or law, and
3) when located along the rear property and major or secondary highway right-of-way lines at specified locations (specific
design criteria is required and such fences shall not exceed 7 feet 4 inches).
Baldwin Park
36" (including street side
48" (including street side yard)
6'-0"
None
yard)
Covina
36" (including rear and side
N/A
6'-0"
None
yards abutting streets)
Dana Point '
42"
48" high W.I. w/ 3' high block
6'-0" @ side facing adjacent
Alternatives to height limits for fences, walls and hedges in required yards and provisions for placement of arbors, porticos,
pilasters @ 8' o.c.
property, 8'-0" @ side
trellises or other entry features within required yards may be granted subject to approval of a minor conditional use permit.
facing subject property
Diamond Bar
42" any wall or fence
N/A
6'-0"
None
Downey
42" any wall or fence
N/A
7'-0"
None
Glendora
4'-0" w/ no more than 3' or
N/A
6'-0"
None
50 % solid any fence
Irwindale
36" any wall, fence or
N/A
6'-0"
None
hedge
Pomona
48" fences
6'-0" (no less than 75% of
6'-0"
Fences over 6 feet in height to enclose tennis courts and other game areas in the rear half of a lot may be permitted with
36" walls & hedges
surface shall be open to allow
approval of a conditional use permit.
light, air & vision)
San Dimas
42" any fence
N/A
6'-0"
Fences or walls 6 feet high or greater may be required due to conditions on a property or physical hazards when determined
by the Planning Director to be dangerous to health and safety.
Walnut
3'-0" any fence or wall
N/A
6'.0"
The Planning Commission may allow walls, fences or hedges in excess of the height limits allowed in residential zones
pursuant to a site plan and architectural review process.
WUPITER\PLANDATA\PLANCOM\Sfrptdd\FENCE STUDY TABLE.doc
•
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Planning Commission Staff Report
Residential Fence Standards Study Session
August 10, 1999
ATTACHMENT - B
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FLAT LOT SIDE YARD SCREEN WALL EXAMPLE
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Planning Commission Staff Report
Residential Fence Standards Study Session
August 10, 1999
ATTACHMENT - B
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i
TO: File
FROM: J. Berry
SUBJECT: Proof of Publication
DATE: January 4, 2000
Hearing Item No. A-3 (Code Amendment No. 292)
f SAN GABRIEL VALLEY NEWSPAPERS ES j
FRIDAY, DECEMBER 24, 1999 I
,I
. PSI s� ��as •.:51 11za�llc l�lces: •5t
NOTICE OF PUBLIC HEARING
IY PURSUANT TO ' THE- LAW AND IN
CONFORMANCE WITH THE MUNICIPAL
CODE YOU ARE HEREBY PUBLIC HEARING F G OTHE WEST COV NOF A
CITY COUNCIL.
is
;CODE AMENDMENT NO. 292 Fence Height
Regulations
GENERAL EXEMPTION
APPLICANT: City of West,Covina
LOCATION: Citywide
SUMMARY: The proposed code amendment'!
consists of certain.
amendments to Chapter 26
(Zoning) of the West Covina
Municipal Code related to.
fence heights and materials.
Pursuant to the requirements of the California
Environmental Quality Act (CEQA)`of 1970, as
amended, this proiect is considered EXEMPT
because the regulations proposed primarily
codify existing City policy and .establish a
system for allowing minor (one -foot) variances ;
'in fence heights, and as such cannot have a
significant' effect on the environment. No
Environmental Impact Report or Negative
Declaration is required to be filed.
If You wish to challenge the action(s) taken on
the request(s); you may be limited to raising
;only those issues which You (or someone else)
raised orally at this public hearing or in
written correspondence received by the City at i
or before the hearing.
THE.PUBLIC HEARING WILL BE HELD:
,PLACE:, West. Covina City Hall
1444 W. Garvev.Avenue South
City Council Chambers
Level One
.DATE': January 4, 2000
:TIME: 7:30 p.m..
if you have any questions, we urge you to
contact James Severance at (626) 814-8422 or
Room 208,,at City Hall.
r.. Only through, citizen participation can
your government build a better City
BY ORDER OF THE
CITY COUNCIL OF THE .
IC•ITY.OF WEST COVINA
Publish December 24, 1999,
San Gabriel Valley Tribune Ad No. 21265
1444 West Garvey Avenue So. • P.O.Box 1440 • West Covina • CA 91793 • Phone (626) 814-8400
WEST CO NA NOTICE OF PUBLIC HEARING.
PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE YOU ARE
HEREBY NOTIFIED OF A PUBLIC HEARING OF THE WEST COVINA CITY COUNCIL.
CODE AMENDMENT NO. 292 Fence Height Regulations
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
SUMMARY: The proposed code amendment consists of certain amendments to Chapter 26
(Zoning) of the West Covina Municipal Code related to fence heights and
materials.
Pursuant to the requirements of the California Environmental Quality Act (CEQA), of 1970, as amended, this
project is considered EXEMPT because the regulations proposed primarily codify existing City policy and
establish a system for allowing minor (one -foot) variances in fence heights, and as such cannot have a
significant effect on the environment. No Environmental Impact Report or Negative Declaration is required to
be filed.
If you wish to challenge the action(s) taken on the request(s), you may be limited to raising only those issues
which you (or someone else) raised orally at this public hearing or in written correspondence received by the
City at or before the hearing.
THE PUBLIC HEARING WILL BE HELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue South
City Council Chambers - Level One
DATE: January 4, 2000
TIME: 7:30 p.m.
If you have any questions, we urge you to contact James Severance at (626) 814-8422 or Room 208, at City
Hall.
Only through citizen participation can your government build a better City.
Date Published: December 24, 1999 BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
Z:\MEMOLTR\james\CA 292 fences\CA 292 CC notice.doc