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PC - Item 6A - Lot Coverage and Fence Height E M 0 ° ROSEMEAD PLANNING COMMISSION CIVIC PRIDE STAFF REPORT 401111. /NCDPORATED i°) TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: PLANNING DIVISION DATE: MARCH 21, 2016 SUBJECT: LOT COVERAGE AND FENCE HEIGHT ROSEMEAD MUNICIPAL CODE (RMC) TITLE 17 '`ZONING", SECTION 17.12.030(B)(1)(A) AND SECTION 17.68 Summary At the Planning Commission Meeting of January 4, 2016, Planning Commissioner Sean Dang requested that two code sections relating to lot coverage (RMC Section 17.12.030(B)(1)(a) and fence height (RMC Section 17.68) be placed on a future Planning Commission agenda for discussion regarding a possible recommendation to the City Council for a municipal code amendment on determining fence height and regulating lot coverage. Staff has prepared a PowerPoint presentation detailing the interpretation of both sections. A copy of each of these code sections has been included as Exhibits "A" and "B" to the staff report. Staff Recommendation This item is presented for review and comment. Staff is not seeking any formal action at this time. Public Notice Process This item has been noticed through the regular agenda notification process. Prepared by: Submitted by: Lily T. Valenzuela Michelle Ramirez ogor City Planner Community Development Director EXHIBITS: A. RMC Title 17, Section 17.12.030(B)(1)(a) B. RMC Title 17, Section 17.68 Chapter 17.12 RESIDENTIAL ZONING DISTRICTS Sections: 17.12.010 Purpose. 17.12.020 Residential district land uses and permit requirements. 17.12.030 Residential district development standards. 17.12.010 Purpose. The purpose of the individual residential zoning districts and the manner in which they are applied are as follows: A. Single-family residential (R-1) district. The R-1 zoning district identifies areas characterized by single-family dwellings. The standards of the R-1 district are intended to protect the existing density and maintain the character of the City's single-family residential neighborhoods, consistent with the General Plan Low Density Residential land use designation. B. Light multiple residential (R-2) district. The R-2 zoning district identifies areas characterized by single-family dwellings and duplexes. The R-2 standards are intended to maintain the character of existing neighborhoods while allowing the opportunity for duplex and smaller lot single-family development that is consistent with the General Plan Medium Density Residential land use designation. C. Medium multiple residential (R-3) district. The R-3 zoning district identifies areas characterized by higher density attached homes, apartments, and condominiums. The standards of the R-3 district are intended to ensure that new development is compatible with the character of existing neighborhoods while allowing for a mix of housing types, consistent with the General Plan High Density Residential land use designation. 17.12.020 Residential district land uses and permit requirements. Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each residential zoning district, and the land use permit required. if any, to establish each use. Where the last column in the tables (Specific Use Regulations) includes a section reference number, the regulations in the referenced section apply to the use in addition to those shown in the table. TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 10 AND ZONE SPECIFIC STANDARDS EXHIBIT "A" Table 17.12.020.1 Uses in Residential Districts Land Use Requirements by District Specific Use Regulations R-1 LR-2 I R-3 Residential Uses See section 17.12.030 for district Single-family Dwellings P P P specific requirements. See Chapter 17.42 for Manufactured Homes. Two-family Dwellings(Duplex) P P See section 17.12.030 for district specific requirements. Multiple family Dwellings DR See sections 17.12.030 for district specific requirements. Second Dwelling Unit, Single-story P P P See Article 3,Chapter 17.30,Section 17.30.190(Second Dwelling Units) Second Dwelling Unit,Two-story CUP CUP CUP See Article 3, Chapter 17.30,Section 17.30.190(Second Dwelling Units) Mobile Home Parks CUP CUP CUP See Article 3, Chapter 17.46(Mobile Home Parks and Park Conversions) Care Uses See Article 3, Chapter 17.30, Section Child Care Home,Small Family(8 or fewer) P P P 17.30.160(Large and Small Family Child Day Care Home Facilities) See Article 3, Chapter 17.30,Section Child Care Home,Large Family(9 to 14) -- AUP AUP 17.30.160(Large and Small Family Child Day Care Home Facilities) Residential Care Facilities(6 or fewer) P P P Residential Care Facilities(7 or more) -- CUP CUP Supportive Housing P P P Transitional Housing P P P Notes: P Permitted Use DR—Discretionary Design Review A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed TITLE 17—ZONING ARTICLE 2—ZONING DISTRICTS,ALLOWABLE LAND USES 11 AND ZONE SPECIFIC STANDARDS Table 17.12.020.1 Uses in Residential Districts (Continued) Land Use Requirements by District Specific Use Regulations R 1 R2 R-3 Agriculture and Animal-Related Uses Animal Keeping A A A See Title 6(Animals) of the Municipal Code Horticulture—Private A A A Other Uses See Section 17.12.030 and Article 3 Accessory Structures A A A Chapter 17.32 (Accessory Structures) Educational Institution - Private CUP CUP CUP Educational Institution- Public P P P Home Occupations, including Cottage Food A A A See Title 5, Chapter 5.41 (Home Operations. Occupations) Lighted outdoor sporting field or court(tennis, CUP CUP CUP See Article 4, Section 17.68.060 basketball, etc.). Places of Religious Assembly CUP CUP CUP Public Buildings and Facilities AUP AUP AUP Public Utility Facilities P P P Telecommunication Facilities, not including CUP CUP CUP Wireless Telecommunication Facilities Temporary Uses and Special Events See Article 5,Chapter 17.124 (Temporary Use Permits and Special Events) Notes: P Permitted Use A Permitted Accessory Use AUP Administrative Use Permit Required CUP Conditional Use Permit Required -- Use Not Allowed TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 12 AND ZONE SPECIFIC STANDARDS 17.12.030 Residential District Development Standards. A. General requirements. 1. New land uses and structures and alterations to existing land uses and structures in the R-1, R-2 and R-3 zones shall conform to the requirements in Table 17.12.030.1 (Residential District Development Standards) as well as specific district standards listed below. Table 17.12.030.1 Residential District Development Standards Requirement by Zoning District Development Feature R-1 R-2 R-3 Notes and Exceptions Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 10,000 sq. ft. Lot Area/Unit 6,000 sq. ft. 4,500 sq. ft. 1,500 sq. ft. Minimum Lot Width 50 ft. 50 ft. 70 ft. Minimum 1st Floor and Maximum 2nd Floor Area Requirements Single and Two-family Dwellings (Excluding Garage and Other Non-habitable Space) Floor Area Requirements 1st Floor 1,000 sq. ft. 750 sq. ft. See Section Minimum 17.12.030.B.2.f 2nd Floor 75%of 1st 75% of 1st for Multi-Family Dwellings Maximum floor area floor area See Section Floor Area Ratio 0.35:1 0.35:1 0.35:1 17.12.030.B.1.k for FAR Bonus Program Minimum Setbacks setbacks required Main Bldg 20 ft. 20 ft. 15 ft. Front Yard Setback is Garage 25 ft. 25 ft. required for front facing garages Greater of 5 Greater of 5 15 ft. for R-3 1st Floor ft. or 10% ft. or 10% 10ft.all floors abutting R-1 or Side Yard of lot width of lot width R-2 zone Interior Lots 15 ft. for R-3 2nd Floor 5 ft. min. 15 ft. 5 ft.min. 15 ft. abutting R 1 or combined combined R-2 zone TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 13 AND ZONE SPECIFIC STANDARDS Table 17.12.030.1 Residential District Development Standards (Continued) Requirement by Zoning District Development Feature Notes and R-1 R-2 R-3 Exceptions 1st Greater of 5 Greater of 5 1 Floor ft. or 10% ft. or 10% interior side of lot width of lot width 10 ft. 5 ft. min. 5 ft. min. all floors 2nd Floor 20 ft. 20 ft. See Section Side Yard interior side combined combined 17.12.030.B.2.a Corner Lots (Single-Family 1st Floor street 10 ft. 10 ft. and Two-Family side Development on 15 ft. a R-3 Lot) 10 ft. min. 10 ft. min. all floors 2nd Floor street 20 ft. 20 ft. side combined combined Less than 4 Lesser of 25 Lesser of 20 bedrooms and ft. or 20% of ft. or 20% of See Section 2,000 s.f. lot depth lot depth 17.030.12.B.2.a Rear Yard More than 4 (Single-Family bedrooms and 35 ft. 35 ft. 15 ft. and Two-Family 2,000 s.f. Development on a R-3 Lot) Height 2 stories & 2 stories & 3 stories & 30 ft. 30 ft. 35 ft. Bldg. Separation 20 ft., (Dwellings) 20 ft. 20 ft. 25 ft.front to front Bldg. Separation 6 ft. 6 ft. 15 ft. (Decks/projections/pools) J _ See Section Open Space N/A N/A 200 s.f. 17.12.030.B.2.e per unit for Multi-Family development Parking See Article 4, Chapter 17.112 (Off Street Parking and Loading) Fences &Walls Article 4, Chapter 17.68 (Fences, Walls, and Landscape Screening) TITLE 17—ZONING ARTICLE 2—ZONING DISTRICTS, ALLOWABLE LAND USES 14 AND ZONE SPECIFIC STANDARDS 2. Applicability of conventional development standards. All development standards applicable to the zone designation of the lot shall apply without regard to whether the proposed dwelling is conventional or manufactured housing. B. District specific requirements. In addition to the general development requirements listed in Table 17.12.030.1, Residential District Development Standards, the following development standards apply to specific residential districts as shown: 1. R-1 and R-2 Zoning Districts a. Lot Coverage and Impervious Surfaces/Landscaping. A minimum of twenty percent (20%) of the entire parcel shall be fully landscaped with plant materials. Pedestrian walkways, vehicular access ways and other impervious surfaces shall not collectively occupy more than fifty (50) percent of the front and side yard areas that are visible from a public right- of-way. Addition of impervious surfaces in these areas shall require a site plan subject to approval of the Community Development Director. All other portions of these areas shall be landscaped with lawn, trees, shrubs, plants and other landscape materials in compliance with any drought tolerance requirements in effect. b. Floor area maximum and minimum. 1) Residential dwelling units in the R-1 zone shall have a minimum ground floor area, exclusive of open porches or garages, of one thousand (1,000) square feet and residential dwelling units in the R-2 zone shall have a minimum ground floor area, exclusive of open porches or garages, of seven hundred fifty (750) square feet. 2) Total floor area of the second floor, including areas designated as covered or uncovered balconies, shall not exceed seventy-five percent 75% of the floor area of the first floor. For this calculation, floor area of the first floor shall only include first floor living area, and any floor area designated as garage floor area if the garage is attached. c. Front Driveway. Vehicle access ways (driveways) serving front facing garages shall be set back at least three (3) feet from any side property line. The maximum width of the access way shall not exceed twenty-five (25) feet for a two-car garage or thirty-five (35) feet for a three-car garage. d. Walkways. Pedestrian walkways on private property shall not exceed five (5) feet in width when located in front or side yard areas. e. Merged Lots. When two (2) or more lots are merged, the allowed lot Floor Area Ratio (FAR) shall be no larger than one hundred fifty (150) percent of the FAR allowance that would occur for the largest single lot. f. Landscaping. Landscaped areas shall be permanently maintained in a neat and orderly manner and shall comply with the following: 1) Landscaping shall not be permitted to limit or restrict the line of sight on any public right- of-way. 2) A minimum of one tree shall be planted in new or remodeled residential front yards for every fifty (50) feet of street frontage. TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 15 AND ZONE SPECIFIC STANDARDS g. Yard Encroachments. Required yard areas shall be kept open and unobstructed, except as follows: 1) Cornices, canopies, eaves, patios, fireplaces or other similar architectural features and exterior pad mounted heating. ventilation and air conditioning equipment may extend into required front, side or rear yards or required separations between buildings not to exceed two (2) feet. 2) Open, unenclosed, uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building, may extend into any front, side or rear yard not more than six (6) feet. 3) Detached accessory buildings may occupy side and rear yards as provided in Article 3, Section 17.32.030. 4) Detached garages, and patios may occupy not more than fifty (50) percent of a required rear yard. Swimming pools may occupy rear yards, but not required front or side yards, except that no swimming pool may be located less than five (5) feet from a property line. Attached accessory structures. shall comply with residential front, side, and rear yard setback requirements. 5) Storage in Yards. No portion of any side yard on the street side of a corner lot, or any portion of the rear yard on the street side of a corner lot unless it is screened with a solid block wall meeting the fence height requirements in Article 4, Chapter 17.68, or any portion of the front yard on any lot in a residential area shall be used for the permanent storage of motor vehicles, recreational, airplanes, boats, parts of any of the foregoing, rubbish, garbage, junk, tents, clotheslines. garage or trash receptacles, or building materials (except building materials used on the premises stored thereon during the time a valid permit is in effect for construction on the premises). "Permanent storage" as used in this subsection, means the presence for a period of forty-eight (48) or more consecutive hours in the front or side yard. h. R-1 and R-2 Development Design Standards. 1) At least forty (40) percent of the street-facing wall of the second floor shall be set back a minimum of ten (10) feet from the street-facing wall of the first floor. 2) Reflective building materials are prohibited. 3) Exterior paint colors shall not exceed a light reflective value greater than forty (40) percent. 4) Mechanical elements (roof-top and ground-level) must be screened from view. 5) Residential front yard walls and fences may not exceed four (4) feet in height (including fencing, hedges, or other material). 6) Portable shade structures shall not be located in any side or front yard. 7) All garages shall match the main house in terms of color scheme, roofing material, roof pitch, gable orientation and design. 8) Hedges shall not encroach onto a curb or sidewalk or over a lot line. 9) Vehicles may not be parked on any lot except in the garage, on the driveway or parking apron or other approved hardscaped surface previously approved by the Planning Division. 10)The street address shall be clearly visible for all homes. 11) Remodels shall utilize materials, colors, architectural style and designs that match the existing structure. 12)Sidewall articulation shall be required on exterior walls that are not separated from an adjacent home by more than twenty-five (25) feet. 13) Entry treatment shall not exceed a maximum total height of twelve (12) feet for single-story homes and fourteen (14) feet for two-story homes. TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 16 AND ZONE SPECIFIC STANDARDS 14)Bay windows shall not exceed the height of one story or encroach into a required side yard. 15)Any second floor exterior side wall that exceeds a length of twenty-four (24) feet shall require an offset of two (2) feet for a distance of not less than eight (8) feet. 16) Existing residential development proposed to remain on a lot, where new residential development is proposed, shall be renovated to match or complement the new construction in colors, materials and architectural style. All onsite conditions, such as landscaping and fencing, shall also be improved. i. Additional Site Plan and Design Review Requirements. In addition to general City of Rosemead Planning Division review and approval requirements for residential projects, the following items are also subject to ministerial review and approval: 1) A site plan and design review application shall be required to install hardscape directly adjacent to a new or remodeled residential driveway. 2) A fence permit shall be required to install new fencing or replacement fencing in any residential front yard. 3) A site plan and design review application shall be required to install a portable shade structure in the rear yard. 4) A site plan and design review application shall be required for any accessory building greater than one hundred twenty (120) square feet in floor area, whether the total area is in one building or cumulatively in multiple buildings, including storage structures and workshops, but not including required garages. j. Discretionary Site Plan and Design Review. The following shall be subject to a discretionary Site Plan and Design review application, pursuant to the procedures in Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review) of this Title: 1) Any new dwelling unit to be constructed that equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 2) Any addition to a dwelling unit in which the total floor area with the addition equals or exceeds two thousand five hundred (2,500) square feet of developed living area. 3) Any fill that would raise the building pad or front yard elevation by more than twenty- four (24) inches above the natural grade. k. Residential Design Incentives. An additional five (5) percent of bonus floor area may be obtained through the use of design incentives that are listed in Table 17.12.030.2. TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 17 AND ZONE SPECIFIC STANDARDS Table 17.12.030.2 Residential Bonus Floor Area Design Incentives Floor Area (FAR) Bonus Qualifying Design Elements Garages placed at the rear of the lot and not visible from the street 1.5% FAR BONUS Usage of windows that are recessed a minimum of 4 inches on the front elevation (per design element) Eave overhangs of 18-inches or more with exposed decorative rafter tails Porch design that extends a minimum of 50%of the front elevation. Landscape plan with 3 or more mature trees(defined as 24"box or larger) 1.0% FAR BONUS Second floor fully contained within a pitched roof (per design element) Use of true divided-light windows,doors and side lights Tandem garage design Second story top plate that does not exceed 20 feet in height Both side yard setbacks that exceed the zoning minimum by more than 5 feet Second floor setback that exceeds the zoning minimum by more than 10 feet on 75%of the front elevation Second floor setback that exceeds the zoning minimum by more than 5 feet on one side 0.5% FAR BONUS (per design element) Any new single-story home(instead of two-story) Use of single-hung or double-hung windows of the front elevation Use of landscape materials instead of fencing to create separation between public and private spaces No front yard fencing or fencing lower than 4 feet in height Use of natural architectural materials(such as wood and stone) Use of drought-tolerant plant materials and automatic irrigation with moisture sensors Use of interlocking pavers.decomposed granite or other decorative hardscape materials for walkways and driveways 2. R-3 Zoning District. a. Single-Family and Two-Family Development on R-3 Lots. If an R-3 lot is improved with two (2) or fewer dwelling units, such residential development shall comply with all R-2 Residential District Development Standards and R-2 District Specific Requirements outlined in Table 17.12.030.1 and Section 17.12.030.B.1, with the exception of the density requirement. One-family and two-family development on an R-3 lot shall comply with the density requirement of the R-3 zone. b. Maximum Heights. No building or structure shall exceed a height of thirty-five (35) feet or three (3) stories. Building or structure height means the vertical distance from grade, as defined in this section, to the highest point of the parapet or coping of a flat roof, or to a deck line of a mansard roof, or to the highest ridge of a pitched or hip roof. The first floor "finished floor" elevations at building entry points shall be a maximum of two (2) feet above the finished grade adjacent to the entry point. c. Landscaping. All usable open space (i.e.. pedestrian walkways, separations between buildings, yard areas, and common recreation areas) shall be landscaped and provided with permanent, moisture sensing devices and automatic underground irrigations systems, developed in accordance with an approved landscape plan and maintenance plan. Landscape design shall be subject to the following: TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS,ALLOWABLE LAND USES 18 AND ZONE SPECIFIC STANDARDS 1) A landscape and irrigation plan, prepared by a professional landscape architect, shall be submitted to the Community Development Department along with the application for a site plan and design review. 2) Except as provided in RMC Chapter 13.08, Water Efficient Landscapes, all plants and shrubs shall be living evergreen vines, shrubs, or ground cover, mowable grass, or a combination thereof. All trees shall be living, a minimum of 50% which shall be an evergreen type. The following minimum sizes shall apply: • Trees, fifteen (15) gallons; • Shrubs, five (5) gallons; and • Ground cover and vines from pots or rooted cuttings from flats spaced twelve (12) inches on center. 3) All landscape designs must incorporate energy and water conservation measures. 4) The developer and subsequent owners shall be responsible for maintaining the landscaping as shown on the approved plan. Maintenance shall include regular irrigation, weeding, fertilizing, and pruning of dead materials. 5) Landscaping shall not be permitted to limit or restrict the line of sight on any public right-of-way. d. Driveway Requirements. Minimum driveway design standards shall be as follows: 1) Two-way drives shall be twenty-six (26) feet in unobstructed width and thirteen (13) feet six (6) inches in unobstructed vertical clearance. The vertical clearance shall not be applicable to subterranean parking. 2) Building projections such as balconies may project no more than three (3) feet into the driveway width for a minimum horizontal clearance of twenty (20) feet. 3) All driveways shall comply with County of Los Angeles Fire Department Access Standards. 4) All points of vehicular access to public rights-of-way shall be subject to approval by the City's Public Works Department. e: Usable Open Space. A minimum of two hundred (200) square feet of usable open space shall be provided for each dwelling unit. "Usable open space" means space designed for outdoor living, recreation, or landscaping, and may be located on the ground, or on an unenclosed balcony, deck or porch, including patios and deck areas of swimming pools. No areas utilized for vehicular driveways, parking, covered pedestrian access between structures or dwelling units shall constitute usable open space. f. Floor Area Requirements. Each apartment or dwelling unit shall have a minimum floor area, excluding garages, as follows: Table 17.12.030.3 R-3 Floor Area Requirements Unit Type Minimum Floor Area Studio Unit 600 square feet One Bedroom Unit 650 square feet Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 19 AND ZONE SPECIFIC STANDARDS 1) Storage and Utility Space. A single area having a minimum of two hundred forty (240) cubic feet of private and secure storage space shall be provided for each dwelling unit, exclusive of closets within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. 2) Maintenance Utility Space. Adequate storage space shall be provided in a main or accessory building for storage of maintenance equipment in projects with common recreational and landscape areas. Laundry facilities shall also be provided in a main or accessory building available and accessible to residents of all dwelling units not equipped with laundry space. 3) Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and be conveniently located near the dwelling units they serve. The refuse area location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.32 (Accessory Structures) for development standards. 4) Building Length Limitations. The length of any building or wing of a building shall not exceed one hundred twenty (120) feet. Length means the distance between the opposing extremities of the building measured in a straight line. 5) Distances to Swimming Pools. There shall be a minimum distance of fifteen (15) feet measured horizontally between any swimming pool and the nearest point of any balcony, porch, second story patio, sun deck, or other architectural feature of a building or structure with windows, doors, or other openings of sufficient size to permit the passage of a person. 6) Discretionary Site Plan and Design Approval. Before issuance of a building permit for development of an apartment or multi-family dwelling in the R-3 zone, the developer shall submit for a site plan and design review application in conformance with Article 5, Chapter 17.120 (Applications and Processing) and Chapter 17.136 (Site Plan and Design Review). TITLE 17-ZONING ARTICLE 2-ZONING DISTRICTS, ALLOWABLE LAND USES 20 AND ZONE SPECIFIC STANDARDS ARTICLE 4 SUPPLEMENTAL STANDARDS Chapter 17.68 FENCES, WALLS, AND LANDSCAPE SCREENING Sections: 17.68.010 Purpose and applicability. 17.68.020 Permit requirements. 17.68.030 Height limitations — residential development. 17.68.040 Height limitations — commercial, industrial, residential/commercial mixed-use or commercial/industrial mixed-use development. 17.68.050 Retaining walls. 17.68.060 Fencing for residential or nonresidential sports facilities. 17.68.070 Determining height. 17.68.080 Prohibited fencing materials. 17.68.090 Fencing of hazardous areas. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. 17.68.110 Requirement for construction of a six-foot high masonry wall. 17.68.010 Purpose and applicability. The following standards are intended to ensure that all fences, walls, and hedges provide the desired privacy, safety, and quality design. The standards are also intended to ensure that fences, walls, and landscape screening do not create a public safety hazard or nuisance. Fences, walls, hedges, shrubs or similar materials used for screening shall be consistent with the following requirements. 17.68.020 Permit requirements. A. Residential zones. A fence permit shall be required to install new or replacement fencing or masonry walls in any residential zone. No permit shall he required for the planting of landscape screening. B. Nonresidential zones. An administrative site plan review shall be required to install new or replacement fencing or masonry walls on nonresidential property. No permit shall be required for the planting of landscape screening. 17.68.030 Height limitations - residential development. A. Fences and Walls. 1. In the R-1, R-2, and R-3 zones no fence or wall located in a rear or side yard shall exceed a height of six (6) feet. 2. In the R-1, R-2, and R-3 zones no fence or wall located in the required front yard shall exceed a height of four (4) feet. 3. On a reversed corner lot, no fence or wall or located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. TITLE 17-ZONING ARTICLE 4-SUPPLEMENTAL STANDARDS 1 EXHIBIT "B" 4. Walls and fences shall be kept in good condition and properly maintained. B. Landscape Screening. 1. Landscape screening in residential rear or side yards shall not be subject to a height limit, except for landscape screening on reversed corner lots. On a reversed corner lot, no hedge or other landscape screening material located within five (5) feet of the street side or within ten (10) feet of the rear line between the street and the established setback line on the key lot to the rear, shall exceed a height of four (4) feet. 2. Landscape screening located within the required front yard shall not exceed a height of four (4) feet. 3. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.040 Height limitation - commercial, industrial, residential/commercial mixed-use or commercial/industrial mixed-use development. A. A six (6) foot high solid masonry wall shall be constructed and maintained along any side or rear lot line adjacent to residentially zoned or used property, school or park. The wall shall be not less than three (3) feet but not more than four (4) feet in height where it is adjacent to a required residential front yard setback. B. Within the C-1, C-3, C-4, CBD, and CI-MU zones, walls located within ten (10) feet of any public right-of-way shall not exceed a height of three (3) feet. C. Within the M-1 zone, a solid wall not less than six (6) feet in height and no more than eight (8) feet in height shall be erected along the property line separating the M-1 zone from any residential zone or use, school, park or commercial zone. However, the wall shall not be more than four (4) feet in height where it adjoins a front yard setback of any residential or commercial property. D. Any outdoor area used for storage shall be completely enclosed by a solid, decorative masonry wall and a solid gate not less than six (6) feet in height. The Community Development Director may approve the substitution of a fence or decorative wall where such fence or wall provides adequate visual clearance, is structurally adequate, and is equivalent in decorative appearance. In no event shall the height of such storage exceed the height of the wall or fence enclosing the storage area. E. Walls shall have a decorative color and texture consistent with the architectural style and materials of the commercial or industrial development. Architectural and other treatment of the wall is required. 1. Where new walls are erected in locations visible from a public right-of-way, the use of full dimension caps, pilasters, and changes in wall surfaces (staggering) shall be applied. 2. In locations where walls might invite vandalism or graffiti, landscaping should be provided along the walls. F. Walls and fences shall be kept in good condition and properly maintained. TITLE 17-ZONING ARTICLE 4-SUPPLEMENTAL STANDARDS 2 G. Landscape screening shall not encroach onto a curb or sidewalk or over a lot line. 17.68.050 Retaining walls. A. Where there is a necessary retaining wall for a lot that is above a sidewalk or at the top of a curb grade, additional wall height up to three (3) feet may be allowed, subject to a Site Plan and Design Review approval. The maximum height for a combination retaining wall and fence shall be seven (7) feet. B. The non-retaining portion of the fence or wall combination cannot exceed four (4) feet. C. The retaining portion of the fence or wall combination cannot exceed four (4) feet. D. Extensions above four (4) feet, as measured from the sidewalk, or top of the curb, shall be constructed of wrought iron or other non-obscuring materials determined to be acceptable, subject to the Site Plan and Design Review application. 17.68.060 Fencing for residential or nonresidential sports facilities. To enclose tennis courts or similar sports areas located within the rear lot, fences over six (6) feet in height shall be permitted, provided that any portion of the fence or structure which is higher than six (6) feet shall be composed of wire mesh or other material whose vertical service is not more than ten (10) percent solid, unless safety necessitates otherwise. Such additional wire mesh or similar material shall be subject to site plan approval. 17.68.070 Determining height. A. General. The height of fences, walls, and hedges shall be measured as the vertical distance from the ground elevation or finished grade of the property on which the fence or wall is erected to the highest point of the fence or wall. To allow for variation in topography on a parcel, the height of a fence or wall may vary intermittently up to six (6) inches. B. Difference in grade height between two parcels. Where there is a difference in the ground elevation or finished grade between two (2) adjoining parcels of less than two (2) feet, the height of any fence or wall constructed along the common property line shall be determined by using the finished grade of the highest adjoining parcel. When there is a difference in ground level between two (2) adjoining parcels of two (2) feet or more, the height of the fence shall be determined by the Community Development Director. The Community Development Director shall consider the physical and visual height impact on abutting parcels. 17.68.080 Prohibited fencing materials. A. Residential zones. The following fencing materials shall be prohibited in all residential zones: barbed or razor wire, electrified wire, chicken wire and similar small-gauge wire or mess product, chain-link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain-link fencing shall be a permitted fencing material for: a. The screening of side yard areas that are not visible from the public right-of-way and rear yard areas; TITLE 17-ZONING ARTICLE 4-SUPPLEMENTAL STANDARDS 3 b. The screening of vacant land in accordance with Section 17.68.100; and c. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100. 2. All chain-link fences in existence at the time of the adoption of this Part shall be deemed legal non-conforming as set forth in Chapter 17.72 and the properties on which they have been placed shall be permitted to undertake maintenance, repair, and replacement consistent with the requirements of that Chapter. B. Commercial, industrial, residential/commercial mixed-use zones, commercial/industrial mixed use. The following fencing materials are prohibited in all commercial, industrial, residential/commercial, and commercial/industrial zones: barbed or razor wire, electrified wire, chicken wire and similar small gauge wire or mesh product, plastic, and chain-link fencing, or other materials hazardous to wildlife. 1. Exceptions. Chain-link fencing shall be a permitted fencing material for: a. The screening of side yard areas that are not visible from the public right-of-way and rear yard areas; b. The screening of vacant land in accordance with Section 17.68.100; c. The temporary screening of lots under construction or being demolished in accordance with Section 17.68.100; and d. To enclose an area where a solid wall or fence would create a physical hazard (i.e. the containment of mechanical equipment under an electrical transmission right-of-way). The use of chain-link fencing in this circumstance is subject to the review and approval of the Community Development Director. 17.68.090 Fencing of hazardous areas. A fence or wall six (6) feet or greater in height may be required along the perimeter of all areas which, by reasons of conditions of the property or physical hazards, such as frequent flooding, erosion, excavation, or grade separation, are considered by the Community Development Director to be dangerous to the public health and safety. 17.68.100 Fences on lots that are vacant, under construction, or being demolished. A. For the purposes of this subsection, "vacant property" means property which has no structures or buildings or property that has buildings or structures which are unoccupied. "Under construction" and "demolish" shall be defined pursuant to the Los Angeles County Building Code as adopted by the City. "Unoccupied" means any building or structure which is not secured, locked or closed, or is not constantly being used for its intended purpose, or is accessible to juveniles, transients or loitering, or is by virtue of its unattended status a potential health, fire or safety hazard. B. All property that is vacant, under construction, or being demolished shall be totally enclosed around the perimeter by a fence that is a minimum of six (6) feet in height as measured from adjacent property, subject to the approval of the Community Development Director or other designated officials. TITLE 17-ZONING ARTICLE 4-SUPPLEMENTAL STANDARDS 4 C. The required fence shall be adequately constructed from chain link, lumber, masonry or other approved materials. The fence shall be entirely self-supporting and shall not encroach or utilize structures or fencing on any adjacent property without prior written approval of the adjacent property owner. D. The fence shall be installed prior to the initiation of any construction or demolition and shall be continuously maintained in good condition. E. Signs stating "PRIVATE PROPERTY, NO TRESPASSING" shall be posted on the fence. F. The provisions of this section shall not apply to a fence or wall as required by any law or regulation of the state of California or any agency thereof. 17.68.110 Requirement for construction of a six-foot high masonry wall. The City Council finds that there are areas within the City where commercial zones abut residential zones and the construction of a block wall is necessary to protect such residential areas. Any owner, lessee, occupant or agent constructing or causing the construction of any building, building addition, accessory building, or repairs estimated by the Building Department to have a value of ten thousand dollars ($10,000.00) or more upon any commercially used and zoned lot adjacent to property zoned and used for residential purposes shall construct a six-foot high masonry wall along the property line where the commercially zoned lot has a common or rear lot line with a residentially zoned property. Any person desiring to obtain a modification from the provisions of this section may file with the Planning Commission a written application, citing the reasons for such request. The Planning Commission shall give the applicant for such modification an opportunity to be heard if he or she so desires, and thereafter may grant or deny the application for the modification, or may grant the same upon such conditions as the Planning Commission deems necessary for the preservation of the safety, health or property of the general public. Any interested person may appeal the decision of the Planning Commission to the City Council by filing an appeal pursuant to Chapter 17.160 (Appeals and Requests for Review) of this code. TITLE 17-ZONING ARTICLE 4-SUPPLEMENTAL STANDARDS 5 I • s