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Ordinance - 2047ORDINANCE NO. 2047 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°i 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`1 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: See.26-206. Notices. (d)(I)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. Section 26-413 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 of 42 inches (3 feet, 6 inches). CAW INDOW S\TEtW\CA 292 CC ord -pro) osW doc Publlsw 31m%aoo 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 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 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 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 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, 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 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. C\WINDOWSrE MA 292 CC.,d-purposed doc 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 -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. 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 18" day of January 2000. ay' ATTEST: City CIC61 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2047 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 4°i day of January 2000. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18" day of January, 2000. AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSENT: None City Clerk APPROVED AS TO FORM: C\WINDOW5\TEh CA 292 CC ord- pmposW.doc