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HomeMy Public PortalAboutOrdinance 02-8791 1 ORDINANCE NO. 02 -879 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO PROHIBITING ESTATE TYPE FENCING UP TO SIX FEET IN HEIGHT IN THE FRONT YARD AREA AND RESTRICTING SECURITY GATES THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon the findings contained in the Planning Commission Resolution No. 02 -2031 PC and based upon the discussion of pertinent information at the Planning Commission meetings of June 25, 2002, August 27, 2002 and October 8, 2002, and based upon the minutes of the Planning Commission meetings for the above referenced dates and based upon a Public Hearing which was conducted before the Planning Commission and a Public Hearing conducted at this time before the City Council, the City Council amends the Temple City Zoning Code as described below. SECTION 2. This project should result in no significant effects upon the environment, and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. The City Council amends the Temple City Zoning Code as follows: ARTICLE VI CHAPTER 1 — ZONING CODE PART XI — ENCROACHMENTS IN YARD AREA AND HEIGHT EXCEPTIONS SECTION 9316 WALL, FENCE OR HEDGES. A wall, fence, hedge or security gate not more than six feet in height may be located and maintained on any part of an "R" Zoned lot except those areas comprising the front yard. In front yards, the maximum height of a wall, fence or hedge shall be limited to a maximum of thirty -six (36) inches when view obscuring or a maximum of forty -two (42) inches when non view - obstructing. No security gate, regardless of height, shall be permitted when said security gate blocks vehicular access to a multiple family residential project which has or will have required guest parking. A. Where a retaining wall protects a cut below the natural grade, and is located on a property line separating lots, such retaining wall may be topped by a fence, wall or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall or hedge, providing that in any event a protective fence or wall not more than thirty -six inches in height may be erected at the top of such retaining wall. B. Corner Lots and Reverse Corner Lots: A wall, fence or hedge not exceeding 6 feet in height may be erected or maintained on the side property line of the street side of a corner or reverse corner lot, except: 1. That no view - obscuring structure, hedge, growth or similar obstruction to view shall be erected or maintained on such lot higher than 36 ", within the triangular area formed by the lines of existing or future curbs and Ordinance No. 02 -879 Page 2 diagonal line joining points on such existing or future curb lines 40 feet from the point of their projected intersection; and 2. That no such obstruction to view may be erected or maintained on any portion of such lot higher than 36" as measured in (a) above, and within 10 feet of the edge of the existing or future curb. ARTICLE XI CHAPTER 1 — ZONING CODE PART VI — ZONE VARIANCES AND CONDITIONAL USE PERMITS DIVISION 2- CONDITIONAL USE PERMIT 9202 - CONDITIONAL USE PERMITS. WHEN REQUIRED. The following verbiage shall be deleted from paragraph three of Section 9202 as shown below: "Uses designated by a ** in the following list of uses shall be approved through an administrative review procedure as set forth is Section 9214." SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and shall cause the same to be published according to law. APPROVED AND ADOPTED on this 3rd day of December, 2002. ATTEST: I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 01 -879 was introduced at the regular meeting of the City Council of the City of Temple City held on the 19th day of November, 2002 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 3rd of December, 2002 by the following vote: AYES: Councilman - Souder, Wilson, Zovak, Vizcarra, Gillanders NOES: Councilman -None ABSENT: Councilman -None ABSTAIN: Councilman -None rh 1 . —v City Clerk 1 1