Ordinance - 2094ORDINANCE NO. 2094
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATED TO WALLS, FENCES
AND HEDGES IN SINGLE-FAMILY RESIDENTIAL ZONES (CODE
• AMENDMENT NO, 02-02)
WHEREAS, Code Amendment No. 02-02 is a City -initiated code amendment related to
the regulation of walls, fences and hedges; and
WHEREAS, on August 6, 2002, the City Council directed the Planning Commission to
study zoning regulations regarding "driveway cutback areas"; and
WHEREAS, on September 24, 2002, the Planning Commission held a study session to
evaluate this issue, at which time the Commission also elected to consider amending zoning
regulations regarding the height of hedges; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the l Oth
day of December, 2002, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 71h day of January, 2003; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to change the
existing code regulations regarding walls, fences and hedges.
2. The code amendment is proposed to modify the regulations for walls, fences and hedges that
are adjacent to a residential driveway.
3. The code amendment is also proposed to modify regulations regarding hedge heights.
4. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment, which does not have
the potential for causing a significant effect on the environment.
NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 02-02 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the
Planning Commission of the City of West Covina hereby recommends to the City Council of the
• City of West Covina that it approve Code Amendment No. 02-02 to amend Chapter 26 (Zoning)
of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the
City Council for their attention in the manner as prescribed by law.
Ordinance No. 2094
Page 2
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 21" day of January, 2003.
jMayoMichael Touhey
ATTEST:
eel
City Clerk, Janet `Berry
I; Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. 2094 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 7th day of January, 2003. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 21" day of January
2003.
AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
ABSENT: None 5 �`
City Clerk Janet B r
APPROVED AS TO FORM:
City Attorney A6old Alvarez-Glasman
0
EXHIBIT A
CHAPTER 26 ZONING
Article VIII. Residential Agricultural Zone/ Single Family Residential
Division 2. Development Standards
• 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
ferty two (42) inches (3 feet, 6 inches). Nonsolid walls and fences in excess of
fe#y-two (42) inches and up to a maximum height of six (6) feet may be erected
provided that the portion in excess of forty-twe (42) inches shall be constructed
of decorative wood, wrought iron, tubular steel, or like material such that at
least seventy (70) percent of the plane of the fence or wall in excess of for , two
(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.
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Lll)*Corner cutback area. On corner lots, walls, fences, hedges, trees, or
other physical obstructions shall not exceed a maximum height of thirty-
six (36) inches (3 feet) within a triangular area formed by lines
extending fifteen -(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.
b) Within areas other than required front yard. Walls; and 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; and fences, a--R„ad-aedges 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 sections 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; or
fenced kedge in excess of six (6) feet, the following findings shall be
made:
a. That the proposed wall; or fence, or hedge is needed to provide
safety, security, and/or privacy for the subject property.
b. That the proposed wall; or fence or- edge will not unreasonably
disrupt access to light and views or otherwise infringe upon the use
and enjoyment of adjacent properties.
c. 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) Walls and fences aAdjacent to arterial streets. For single-family residential
lots, walls; and fences, and his,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; and fences, and hedges in such
locations shall also be subject to the height restrictions contained in subsections
(a) 1 and 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) Hedees adjacent to arterial streets and commercial zones. For sinele-
family residential lots, hedges alone the side and rear property lines
adiacent to the rights -of -way of streets desienated as principal or minor
• arterials on the master plan of streets and highways and adiacent to
commercially -zoned properties shall be permitted up to a maximum height
of ten (10) feet, provided that hedges in such locations shall also be subject
to the height restrictions contained in subsections (a)(1) and (e), where
applicable.
(e) Driveway cutback area. Where a drivewav provides direct access to a street
(not including alleys), no hedge, solid wall or fence in excess of 42 inches in
height shall be permitted within a triangular area formed by one line
extending along the edge of the drivewav for the first ten (10) feet inward
from the inner edge of the sidewalk or the edge of the street (if no sidewalk
exists), one line extending outward ten (10) feet at a 90 degree angle from
the first line, and a diagonal line connecting the two lines. Nonsolid walls
and fences 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. This restriction
shall apply to all portions of the triangular area encompassing the subject
and any adjoining properties.
Mf WConstruction 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.
W(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.
f(3)-Where more than one (1) of the above standards apply to the same area, the
more restrictive standard shall apply. Code 1960, & 10702.12; Ord. No. 1333,
1, 4-25-77; Ord. No. 1389, & 1, 6-26-78; Ord. No. 1808, & 1, 2-13-89; Ord.
No. 1910, & 2, 10-13-92; Ord. No. 2029, & 3, 3-16-99, Ord. No. 2030, & 4 4-
20-99; Ord. No. 2047, & 3,1-18-00)