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Home My WebLink AboutNS-2433 - Amending Chapter 41 of the Santa Ana Municipal Code Regulating Front Yard Fences in the Residential Zoning Districts85 OP,DINANCE NO. NS-2433 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGULATING FRONT YARD FENCES IN THE RESIDENTIAL ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project, together with all comments and response to comments. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration for Environmental Review No. 00-20 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding Section 41-609.5 which shall read as follows: Sec. 41-609.6. Landscape-hedge and planter requirements in the residential zones. (a) All hedges in the RE, R1, R2, R3, R4 and at any residential use in a Specific Development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed four (4) feet in height on those streets defined and designated in the Circulation Element of the City's General Plan as arterial streets and three (3) feet in height on all other streets. As used in this section, "hedge" means a boundary or barrier formed by a dense row of shrubs or trees designed to enclose, divide or protect an area covering at least fifty percent (50%) of the linear frontage of a parcel. (b) All landscape planters in the RE, R1, R2, P,3, R4 and at any residential use in a Specific Development zoning district, excluding SD No. 19, located within the required front yard or any required landscape area of a parcel shall not exceed eighteen (18) inches in height. As used in this section, "landscape planter" means a wall, used to enclose, divide or protect an area designed to be filled with landscaping. Ordinance No. NS-2433 Page 1 of 5 86 SECTION 3: That Santa Ana Municipal Code Section 41-610 is hereby amended to read as follows: Sec. 41-610. Wall and fence requirements in the residential zones. (a) All walls and fences located in the RE, R1, R2, R3, R4, and at any residential use in a Specific Development zoning district, excluding SD No. 19, shall not exceed the following: (1) Front yard fences four (4) feet in height on those streets defined and designated in the Circulation Element of the City's General Plan as arterial streets and three (3) feet in height on all other streets, measured from the top of the curb or established grade upward. (2) All other walls and fences shall not exceed eight (8) feet in height, measured from the top of the curb or established grade upward. (3) In other districts, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) In the RE, R1, R2, R3, R4, and at any residential use in a Specific Development zoning district, excluding SD No. 19, no front yard fence over eighteen (18) inches in height shall be constructed without the issuance of a permit therefore by the Planning and Building Agency. The permit shall be issued if the fence conforms to the following provisions: (1) Front yard fences shall be composed of only the following materials: wood; wrought iron; tubular steel; stone; brick; stucco; or decorative block such as slump stone or split-faced block; (2) Spikes, stakes or other sharp metal objects shall not be permitted; (3) Arbors located in the required front yard or required landscaped area shall only be permitted over walkways, and shall not exceed ten (10) feet in height, six (6) feet in width and three (3) feet in depth. (c) Any wall or fence expressly permitted by this section or any other section of this chapter shall comply with the provisions set forth in Chapter 36 of this Code. (d) In the RE, R1, R2, R3, R4, and at any residential use in a Specific Development zoning district, excluding SD No. 19, chain link fencing material is not permitted except in a rear yard or side yard which is not viewable from a public street. (e) In the RE, R1, R2, R3, R4, and at any residential use in a Specific Development zoning district, excluding SD No. 19, barbed wire is not permitted as part of a wall or Ordinance No. NS-2433 Page 2 of 5 87 fence. (f) As used in this section, the following terms shall have the following meanings: (1) "fence" or "wall" shall mean a barrier which serves to enclose, divide, or protect an area, or is used to prevent intrusion from the outside of a parcel to the interior of such parcel, exclusive of any such barrier which forms part of a building or structure. (2)"front yard fence" shall mean a fence or wall (as defined in this section) within the required front yard or any required landscape area of a parcel, built from permitted materials and designed and constructed so as to permit visibility between or through fence elements over eighteen (18) inches in height. Those portions of the front yard fence eighteen (18) inches in height and lower may be constructed of opaque or solid materials. Elements over eighteen (18) inches in height shall be spaced no closer than four (4) inches apart, with each member no wider than four (4) inches across. Elements wider than four (4) inches across shall be considered pilasters. Pilasters may be no wider than sixteen (16) inches across, and may be no closer than eight (8) feet on center, except for pilasters supporting a four (4) foot wide maximum entry gate. (3) "Barbed wire" includes both straight-line and looped ("concertina") varieties. (4) "Public street" does not include alleys. (5) "Arbor" means a decorative framework or structure formed of vines, branches, or lattice work. SECTION 4: That Santa Ana Municipal Code Section 41-610.5 is hereby amended to read as follows: Sec. 41-610.5. Wall and fence requirements in the industrial and commercial zones. (a) In the industrial and commercial zones, walls and fences shall not exceed ten (10) feet in height, and shall not exceed four (4) feet in height where the wall or fence extends into the required front yard or any required landscaped area. (b) On any lot in a C1, C2, C3, C4, or C5 district, a concrete block wall not less than five (5) feet in height shall be erected along any property line contiguous to any residentially zoned property, except that such wall shall not exceed the height limitations prescribed in subsection (a) of this section. This requirement may be waived by the planning commission upon a finding that the abutting property is in a period of transition to nonresidential use, or that, due to special circumstances, the wall would not promote the public health, safety, or welfare. Ordinance No. NS-2433 Page 3 of 5 88 (c) Barbed wire is not permitted as part of a wall or fence except as follows: (1) In the M1, M2 and LM districts: barbed wire is permitted subject only to the restrictions set forth hereinafter. (2) In the C1, C2, C3, C4 and CM districts: barbed wire is permitted only in a rear year or side yard which is not viewable from a public street and is subject to the restrictions set forth hereinafter. (3) Barbed wire may not be used above the height limitations set forth in subsection (a) of this section. (4) Barbed wire may not be used as part of any wall or fence which is adjacent to property used for residential purposes or to property which is used as a school, church, park, or youth center. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 19th dayof June ,2000. A3-1'EST: /~'~ Patl~ia E. Healy Clerk of the Council Ordinance No, NS-2433 Page 4 of 5 89 COUNCILMEMBERS: Pulido Jgl;~e~t Lutz Aye Bist Aye Christy Aye Franklin Aye McGuigan Aye Moreno Not Voting APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2433 to be the original ordinance adopted by the City Council of the City of Santa Ana o~ ~.~_ /~ ,~O~,.~ ; and that said ordinance was published in accordance witl~the Cha~ter of the City of Santa Ana. Clerk~i~the Council City of Santa Ana Ordinance No. NS-2433 Page 5 of 5