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Home My Public Portal AboutOrd. 1619ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2009 -01; REGULATING FENCES, WALLS AND HEDGES ON PRIVATE PROPERTY. WHEREAS, the Lynwood Planning Commission, pursuant to law, on May 12, 2009 conducted a public hearing to discuss fence, wall and hedge heights in front yards and front yard setbacks; and WHEREAS, the Lynwood Planning Commission, continued discussions through the June and July meetings and recommended final approval on August 11, 2009 WHEREAS, the City Council of the City of Lynwood ( "City Council'), pursuant to law, on September 1, 2009 conducted a public hearing; and WHEREAS, the City Council has carefully considered all oral and written testimony offered at the public hearing; and WHEREAS, a comprehensive fence, wall and hedge ordinance will provide fair and even standards for the development of fences, walls and hedges on private property; and WHEREAS, a comprehensive fence, wall and hedge ordinance will protect the public health, safety and general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. A public hearing was held before the City Council on September 1, 2009 to consider the zone text amendment. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination. Section 2. A record of the public hearing indicates that the City Council hereby finds and determines as follows: A. That the proposed amendments to Section 25 -10 -12 are consistent with the goals, policies, and objectives of the General Plan; and B. That the proposed amendments will not adversely affect properties in the City of Lynwood. 25- 10 -12: FENCES, WALLS, AND HEDGES: A. DEFINITIONS: CAP: The horizontal surface atop a column. COLUMN: The vertical supporting member located between fencing or which flanks a gate entrance. DECORATIVE: Aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main dwelling and adjacent properties, such as brick or concrete pilasters. DECORATIVE COLUMN: A vertical supporting member with an aesthetically significant textured surface, including, but not limited to, stucco, split face, stone veneer, brick veneer, wood veneer, solid stone, solid brick, solid wood and glass block. HEIGHT: The height of a fence, wall or hedge shall be measured from the top of the said fence, wall or hedge to the finished grade. B. DEVELOPMENT STANDARDS 1. Height a. Residential Districts: The maximum height of all fences, walls, and hedges behind the front yard set -back is six feet (6). Fences and walls within the front yard set -back shall not exceed forty eight inches (48 "), and hedges within the front yard set -back shall not exceed thirty six inches (36 "), unless otherwise stated in this article. b. Commercial and Manufacturing Districts: The maximum height of all fences, walls, and hedges behind the front yard set -back is eight feet (8'). Fences and walls within the front yard set -back shall not exceed forty eight inches (48 "), and hedges within the front yard set -back shall not exceed thirty six inches (36 "), unless otherwise stated in this article. 2. Retaining and Crib Walls: The heights of any portion of wall or fence, which retains earth or water, except in the required front yard, shall be limited as follows. The height of the wall shall not include any guardrail or open fence (defined in subsection C of this section) required by the uniform building code or the city. 3. Walls Built on Slopes of Less than Fifteen Percent Grade: For walls constructed on slopes with a less than fifteen percent (15 %) grade, the fence and wall heights specified in subsection A of this section shall apply. 4. Alternative to Height Limit of Retaining Walls: Stepping or retaining walls is permitted subject to approval of a planning use permit. Stepping is allowed, provided that the minimum horizontal distance between the top of the down slope retaining wall, fence, and /or landscaping, and the bottom of the up slope retaining wall, fence, and /or landscaping, shall be equal to the vertical height of the down slope retaining wall, fence, and /or landscaping. Approval shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses in the vicinity. Any guardrails required by the building official shall be open type guardrails, and the rail shall be exempted from maximum required height measurements. Crib walls with a vertical slope of at least one - half to one (1/2:1) are exempt from these stepping requirements. 5. Clear Area: The clear area requirements contained in section 25 -10 -8 of this article shall apply. 6. Height: Decorative fences and decorative columns with caps located in the front yard area shall not exceed forty eight inches (48 ") in height. 7. Fence Supports: No solid decorative walls located in the front yard shall be greater than twenty four inches (24 ") in width and not spaced closer than eight feet (8') apart. 8. Fence Material: Notwithstanding other requirements herein, fences may only consist of one of the following materials: a. Wrought iron (black or white only). b. Wood picket or PVC picket. c. Block 9. Spacing: Open fence material shall not exceed two inches (2 ") in width nor be spaced less than four inches (4 ") apart. Solid block walls are not permitted in the front yard setback, except the required supports consistent with section 25 -10 -12 (B -7). 10. Retaining Walls: The height of retaining walls in the front yard shall be equal to or less than thirty inches (30 "). The total height of any wall in a front yard, including a retaining portion, shall be equal to or less than forty eight inches (48 "). 11. Opening: Fences or walls shall provide a gate or other suitable opening no less than thirty inches (30 ") in width to provide access to primary or accessory structures. C. PROHIBITED FENCE MATERIALS: Fences, in their entirety, or portions thereof, shall not be comprised of the following materials: a. Chain link. b. Barbwire. c. Chicken wire. d. Razor wire. e. Fiberglass. f. Corrugated plastic. g. Gypsum board. C. Exempt From Amortization: Fences, which were legally constructed prior to the adoption of this zoning code, but made nonconforming as a result of the adoption of the zoning code, are exempt from amortization. D. Permit Required: All new fences in all zoning districts, including block walls, require a permit from the development services department, planning division. All applications for a city permit for installation of a fence shall: 1. Be made in writing upon the application form approved by the city manager or his or her designee, and be accompanied by the permit fee set by and amended by city council resolution; and 2. Include a plot plan that identifies the location of the fence(s); and 3. Include an elevation plan containing a description of the materials to be used in constructing the fence and /or the fence supports and all of the dimensions, including, but not limited to, width, height, depth, and length of the fence and /or the fence supports; and 4. Include a notarized letter from all abutting landowners consenting to the location of the fence. In absence of the notarized letter, a survey from a licensed engineer delineating the property lines of the person applying for the fence permit. F. Notice of Granting or Rejecting of Permit: The department of development services director or his /her designee shall notify the applicant of the decision to grant or deny the permit. In the case of denial, the applicant shall be notified of his /her right of appeal to the planning commission. G. Right of Appeal to Planning Commission: 1. The decision of the director of development services may be appealed to the planning commission in accordance with this code. 2. In considering the appeal, the planning commission shall determine whether the applicant demonstrated that the fence has met-the following criteria: � ' ,, a. Aesthetically attractive; b. Compatible with surrounding properties; c. Demonstrate continuity of design with other conforming fences on surrounding properties; d. Not harmful to public health, safety or welfare. 3. Notice of the planning commission's decision shall be mailed to the appellant within ten (10) business days of the decision personally, or by certified United States mail, return receipt requested. The decision shall include notification of section 1094.6 of the California Code of Civil Procedure. Should the certified mailed notice be returned to the city for any reason, the city shall cause a copy of the same to be mailed to the property owner shown on the last equalized assessment roll by regular first class mail with postage fully paid. 4. On appeal, the planning commission shall conduct the hearing and may uphold, reverse, or amend any decision of the director of development services. The decision of the planning commission shall base its decision on findings. (Ord. #1572, §2) Section 3. This Ordinance shall take effect thirty (30) days after its final passage by the City Council. Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to certify to the passage and adoption of this Ordinance and to cause it to be published or posted as required by the law. First read at a regular meeting of the City Council held on the 1" day of September, 2009 and adopted and ordered published at a regular meeting of said Council on 15th day of September, 2009. PASSED, APPROVED and ADOPTED this 15th day of September, 2009. CITY OF LYNWOOD: Ma a T. Santillan Mayor ATTEST: Maria Quinonez City Clerk APPROVED AS TO FORM: Fred Galante City Attorney City Manager APPROVED AS TO CONTENT: G. Daniel Ojeda, P.E. Director of Public Works /City Engineer STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing Ordinance was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 15`h day of September, 2009. AYES: COUNCIL MEMBERS MORTON, RODRIGUEZ, CASTRO AND SANTILLAN NOES: ABSTAIN: ABSENT: COUNCIL MEMBER FLORES i i Maria Quinonez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No.1619 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 15th day of September, 2009. aria Quinonez, City Clerk