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AGENDA REPORT
Meeting Date: September 20, 2022Item Number:
To: Honorable Mayor & City Council
From: Laurence S. Wiener, City Attorney
Subject: AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE
BEVERLY HILLS MUNICIPAL CODE AS IT RELATES TO THE MAXIMUM
ALLOWABLE HEIGHTS FOR WALLS, FENCES, AND HEDGES IN CERTAIN
SINGLE-FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY
Attachments: 1. Ordinance
RECOMMENDATION
It is recommended that the City Council move to waive the full reading and adopt the ordinance entitled: “AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY
HILLS MUNICIPAL CODE AS IT RELATES TO THE MAXIMUM ALLOWABLE HEIGHTS FOR
WALLS, FENCES, AND HEDGES IN CERTAIN SINGLE-FAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS OF THE CITY”.INTRODUCTION
At its meeting of September 12, 2022, the City Council conducted a first reading of this ordinance and introduced it.
DISCUSSION
This ordinance increases the maximum allowable height of walls, fences, and hedges in certain single-family zones in the Central Area of the City and all multi-family zones in the Central Area of the City.
FISCAL IMPACT
As this item consists of a code amendment related to development standards on private property, no fiscal impact is anticipated.
Laurence S. Wiener
City Attorney
Approved By
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Attachment
1 ORDINANCE NO. 22-0-
AN ORDINANCE OF THE CITY OF BEVERLY HILLS
AMENDING THE BEVERLY HILLS MUNICIPAL CODE AS IT
RELATES TO THE MAXIMUM ALLOWABLE HEIGHTS FORWALLS, FENCES, AND HEDGES IN CERTAIN SINGLEFAMILY AND ALL MULTI-FAMILY RESIDENTIAL AREAS
OF THE CITY
THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY ORDAINS AS FOLLOWS:
Section 1. On May 10, 2022, the City Council conducted a study session to discuss the rules governing the maximum height of walls, fences, and hedges in residential zones in the city of Beverly Hills. This study session was held as a result of feedback from members of thecommunity that the existing maximum heights allowed for walls, fences, and hedges do not provide sufficient safety protections for private residences. At this meeting, the City Council directed staff to work with the Planning Commission to discuss and draft an ordinance that wouldallow for taller walls, fences, and hedges in rear yards in residential zones.
Section 2. On June 9, 2022, the Planning Commission conducted a study session to discuss the topic of appropriate wall, fence, and hedge height limits, as directed by the City Council. On July 28, 2022, the Planning Commission held a duly noticed public hearing, after which it adopted Resolution No. 1994 recommending that the City Council adopt an Ordinance to amend the Beverly Hills Municipal Code to increase the maximum allowable height of walls,fences, and hedges in rear yards in single-family residential zones and multi-family residential zones in the Central Area of the city, as well as in a side yard that is adjacent to an alley, and for that portion of a wall, fence, or hedge located in a side yard and located within five feet of a rear B0785-0001\2713603v4.doc
lot line in these zones. On September 12, 2022, the City Council held a duly noticed public hearing, received public testimony, and thereafter introduced this Ordinance.
Section 3. The Amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council finds that adoption of the Amendments will not have a significant environmental impact and is exempt from CEQA pursuant to Section 15305 of Title 14 of the California Code of Regulations because theAmendments represent minor alterations in land use limitations and do not result in any changes in land use or density. In addition, the Amendments are found to be exempt from further review under CEQA pursuant to Section 1506 1(b)(3) of the State CEQA Guidelines, which is applicable to projects for which it can be seen with certainty that there is no potential to have a significanteffect on the environment. Since the Ordinance makes changes to regulations pertaining to the height of walls, fences, and hedges, and since the project is not related to any specific development proposal and does not approve any physical changes in the environment, these exemptions are applicable.
Section 4. The Amendments are consistent with the objectives, principles, and standards of the General Plan. General Plan Policy LU (Land Use) 2.9 — Public Safety requires that development be located and designed to promote public safety by providing street-fronting uses, lighting, sightlines, and features that enhance community safety. Additionally, General Plan Policy LU 6.3 — Housing Scale and Mass seeks to regulate renovations of and additions to single family housing to ensure that they do not adversely alter the contextual scale, mass, and design qualities of existing structures. In line with these policies from the General Plan, the Amendments -2-
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do not modify the wall, fence, or hedge regulations in front yards in order to retain street-fronting visibility, sightlines, and neighborhood character, while promoting public safety by increasing security on rear yards, and side yards adjacent to an alley, which will not adversely alter the qualities of existing structures and neighborhoods.
Section 5. The City Council hereby amends Section 10-3-2420 of Article 24 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
t1032420: WALLS, FENCES AND HEDGES:
In addition to any requirements imposed pursuant to title 9 of this code, a building permit shall be required for any wall or fence greater than six feet (6’) in height and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.
A. Thickness: No wall or fence shall exceed two feet (2’) in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property.
B. Finish: A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, wood stain, natural or polished stone, slumpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof Plain or colored concrete block masonry shall be permitted only if coated with colored stucco or other coating finish approved by the Director of Building and Safety. -3-
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If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side of the wall or fence facing the neighboring property, and access is not granted by the neighboring property owner, documentation to this effect shallbe provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish ofthe wall or fence on that side, and may include a written letter stating that access has not been granted, or proofthat a request for access has been sent but no response has been provided.
C. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty four inches (24”) in width.
D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) ofthe front yard, measured from the front lot line, shall be three feet (3’). Walls and fences over eighteen inches (18”) in height shall be set back a minimum of three feet (3’) from the frontlot line and landscaping shall be provided in the area between the wall or fence and the front lot line, except for paving, including driveways and walkways, that conforms to the requirements of section 10-3-2422 of this chapter.
The maximum allowable height of a wall, fence, or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the front setback shall be six feet (6’); provided, however, any -4-
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portion of such wall, fence, or hedge which exceeds three feet (3’) in height shall be open to public view.
E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6’); provided, however, that any portion of such wall, fence, or hedge which exceeds three feet (3’) in height shall be open to public view.
The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7’), except that the maximum allowable height shall be ten feet (10’) for such a wall, fence, or hedge located within five feet (5’) of a rear lot line.Furthermore, any portion of such wall, fence or hedge that exceeds three feet(3’) in height and is located in a street side yard shall be open to public viewor the wall, fence or hedge shall be set back an average of at least one foot(1’) and no less than six inches (6”) from the street side lot line for the purposeof providing landscaping on the street side of the wall.
1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10’), except for that portion ofthe wall or fence that is also located in the front yard, which shall be subject to the requirements of Section l0-3-2420.D of this chapter.
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The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16’), except for that portion ofthe hedge that is also located in the front yard, which shallbe subject to the requirements of Section 10-3-2420.D of thischapter.
F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10’).The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16’).”
Section 6. The City Council hereby amends Section 10-3-2814 of Article 28 of Chapter 3 of Title 10 of the Beverly Hills Municipal Code to read as follows:
“10-3-28 14: WALLS, FENCES AND HEDGES:
In addition to any requirements imposed pursuant to title 9 of this code or any other law, a building permit shall be required for any wall or fence greater than six feet (6’) in height, and shall also be required for any wall or fence, regardless of its height, that is located in a front yard.
A. Thickness: No wall or fence shall exceed two feet (2’) in thickness. Cavities or spaces within a wall or fence shall not be used for the support, storage, shelter, or enclosure of persons, animals, or personal property.
B. Finish; A wall or fence located within five feet (5’) of a property line and approximately parallel to that property line shall have a finished appearance in a similar manner on both sides. Acceptable finish treatments include colored stucco, -6-
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wood stain, natural or polished stone, slurnpstone, split-faced concrete block, prefabricated finish texture, color coated tubular steel or wrought iron, or a combination thereof Plain or colored concrete block masonry shall be permittedonly if coated with colored stucco or other coating finish approved by the Directorof Building and Safety.
If the construction of a wall or fence along shared property lines requires access on a neighboring property in order to provide an equivalent finish on the side ofthe wall or fence facing the neighboring property, and access is not granted by theneighboring property owner, documentation to this effect shall be provided to the Director of Community Development, or his or her designee. This documentation shall be satisfactory to the Director of Community Development to relieve the requestor of the above requirement regarding the finish of the wall or fence on that side, and may include a written letter stating that access has not been granted, or proof that a request for access has been sent but no response has been provided.
C. Supporting Elements: No column, pillar, post, or other supporting element of a wall or fence shall be more than twenty-four inches (24’) in width.
D. Front Yards: The maximum allowable height of a wall, fence, or hedge located within the first twenty percent (20%) of the front yard, measured from the front line of the lot, shall be three feet (3’).
The maximum allowable height of a wall, fence. or hedge located within the front yard at a distance from the front lot line of more than twenty percent (20%) of the -7-
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front setback shall be six feet (6’); provided, however, that any portion of such wall, fence. or hedge which exceeds three feet (3’) in height shall be open to public view.
E. Side Yards: The maximum allowable height for that portion of a wall, fence, or hedge located in both a side yard and a front yard shall be six feet (6’); provided, however, that any portion ofsuch wall, fence, or hedge which exceeds three feet (3’) in height shall be open to public view.
The maximum allowable height for that portion of a wall, fence, or hedge located in a side yard, but not in a front yard, shall be seven feet (7’) except that the maximum allowable height shall be ten feet (10’) for such a wall or fence located within five feet (5’) of a rear lot line. The maximum allowable height shall be sixteen feet (16’) for such a hedge located within five feet (5’) of a rear lot line.
1. Side Yards Adjacent to an Alley: The maximum allowable height for a wall or fence located in a side yard adjacent to an alley shall be ten feet (10’), except for that portion of the wall or fence that is also located in the front yard, which shall be subject to the requirements of Section 10-3-281 4.D of this chapter.The maximum allowable height for a hedge located in a side yard that is adjacent to an alley shall be sixteen feet (16’), except for that portion ofthe hedge that is also located in the front yard, which shall be subject to the requirements of Section lO-3-2814.D of this chapter.
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F. Rear Yards: The maximum allowable height for a wall or fence located solely in a rear yard shall be ten feet (10’).
The maximum allowable height for a hedge located solely in a rear yard shall be sixteen feet (16’).
Section 7. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, the remainder of this Ordinance shall be and remain in full force and effect.
Section 8. Publication. The City Clerk shall cause this Ordinance to be published at least once in a newspaper of general circulation published and circulated in the City within fifteen (15) days after its passage in accordance with Section 36933 ofthe Government Code, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the Council of this City.
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Section 9. Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.rn. on the thirty-first (3 1st) day after its passage.
Adopted:
Effective:
LILT BOSSEMayor of the City of Beverly Hills,California ATTEST:
____________________________(SEAL)
HUMA AHMEDCity Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER GEOR HAVEZCity Attorney City Manager RYA&J5HILICH, AICPDirtoor Community Development
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