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HomeMy Public PortalAboutOrdinance 10-9361 1 1 ORDINANCE NO. 10 -936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE TO ALLOW HEDGE HEIGHTS OVER SIX FEET TALL OUTSIDE OF THE FRONT YARD SETBACK AREA IN RESIDENTIAL ZONES, AND TO SPECIFICALLY DEFINE HEDGES; TITLE 9, CHAPTER 1, ARTICLE A, SECTION 9109: DEFINITIONS; AND TITLE 9, CHAPTER 1, ARTICLE K, SECTION 9316. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Reports dated July 20, 2010; and a Planning Commission Staff Report dated June 8, 2010, and based upon a Public Hearing before the Planning Commission on June 8, 2010, and a Public Hearing before the City Council on July 20, 2010 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. That hedges in the rear yard area of residential properties can contribute to aesthetic value of neighborhoods, while providing privacy, and currently, the Zoning Code limits hedge heights in rear yard areas; and 2. This Code Amendment would update the existing text to permit hedge heights over six feet tall outside of the front yard area; and 3. This Code Amendment would also provide a definition of hedges which is currently lacking in the Zoning Code. SECTION 3. This project shall not result in significant effects upon the environment and a Negative Declaration has been prepared and is hereby adopted in accordance with the State CEQA Guidelines. The initial study 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 4. The City Council hereby makes the following amendments to the Zoning Code: Section 9109 (Title 9, Chapter 1, Article A, Definitions) and Section 9316 (Title 9, Chapter 1, Article K, Encroachments in Yard Areas and Height Exceptions) of the Temple City Municipal Code are hereby amended to read as follows: TITLE 9 CHAPTER 1 ARTICLE A. Introduction 9109: DEFINITIONS: HEDGE: Vegetation, shrubs and /or trees planted to create a physical and /or visual barrier. Ordinance No. 10 -936 Page 2 TITLE 9 CHAPTER 1 ARTICLE K. Encroachments in Yard Areas and Height Exceptions 9316: WALL, FENCE OR HEDGES: A wall, fence or —hedge or security gate not more than six feet (6') 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 inches (36 ") when view obscuring or a maximum of forty two inches (42 ") 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. SECTION 5. The City Clerk shall certify to the passage and adoption of this ordinance and to its approval by the Mayor. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code § 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code § 36933(c). APPROVED AND ADOPTED on this 3rd day of August, 2010. ATTEST: I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 10 -936, was introduced at the regular meeting of the City Council of the City of Temple City held on the 20th day of July, 2010 and was duly passed, approved and adopted by said Council at their regular meeting held on the 3`d day of August, 2010 by the following vote: AYES: Councilmember -Blum, Sternquist, Yu, Chavez, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None I► QAJ- City Clerk 0 1 1 1