RESOLUTION NO. PCR-25-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
SAN MARINO, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL ADOPT ORDINANCE NO. O-25-1418 AMENDING THE
FOLLOWING MUNICIPAL CODE SECTIONS: (1) 23.13.04 (B)(2)(D) TO REVISE THE HEDGE HEIGHT REGULATIONS IN THE R-1 ZONE,
AREA DISTRICT II, TO PROVIDE THAT NO HEDGE IN THE FRONT YARD SHALL EXCEED THE GREATER OF FOUR FEET (4’) OR THE
HEIGHT OF AN EXISTING OR LEGALLY PERMITTED FENCE OR
WALL; (2) 23.06.11 TO INCLUDE CALAMITIES AS DETERMINED BY THE COMMUNITY DEVELOPMENT DIRECTOR; AND (3) 25.01.02 (D) TO PROHIBIT CONSTRUCTION ON MARTIN LUTHER KING JR.
DAY
WHEREAS, On May 31, 2024, the City Council recognized Martin Luther King Jr. Day as a City holiday; and
WHEREAS, SMMC 25.01.02 limits construction work or construction activity during certain hours during the week and prohibits construction on Sundays and holidays; and WHEREAS, On September 11, 2024, residents petitioned the City Council during the public comment portion of the City Council meeting to increase the height limit of front yard hedges in the R-1 Zone, Area District II from four feet (4’) to a maximum of five feet – six inches (5’-6”); and
WHEREAS, on Wednesday, January 8, 2025, the City Council adopted Resolution No. R-25-03, ratifying a declaration of emergency adopted by the City Manager related to a January 7, 2025, windstorm (windstorm); and
WHEREAS, Resolution No. R-25-03 authorized the streamlined planning review of windstorm damaged properties. Section 23.06.11 of the San Marino Municipal Code provides exemptions to certain zoning rules for properties damaged by fire or earthquake. However, the exemptions do not apply to damage resulting from windstorms such as that experienced on January 7, 2025. Staff are aware of at least two homes which sustained various levels of damage because of the windstorm and a determination was made that Section 23.06.11 should apply to damage resulting from this windstorm and is related to the protection of life and property under the proclamation of local emergency; and
WHEREAS, a public hearing to consider this code amendment was set and held before the special meeting of the Planning Commission on May 27, 2025, at the hour of 6:00 p.m., and relevant testimony, evidence, and comments have been made a part of the record; and WHEREAS, on May 27, 2025, the Planning Commission also reviewed all the information provided in the staff reports and considered the testimony given at the public hearings, including all written communications to the Planning Commission, as well as other pertinent information; and
CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-25-10
WHEREAS, on May 27, 2025, the Planning Commission deliberated the merits of the code amendment and moved to continue the hearing to the next meeting on June 25, 2025; and WHEREAS, on June 25, 2025, the Planning Commission also reviewed all the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission, as well as other pertinent information; and WHEREAS, on June 25, 2025, the Planning Commission deliberated the merits of the code amendment and made a Motion of Intent to recommend that the City Council adopt the Ordinance amendments to revise the hedge height regulations in the R-1 zone, Area District II, to provide that no hedge in the front yard shall exceed the greater of four feet (4’) or the height of an existing or legally permitted fence or wall, prohibit construction on Martin Luther King Jr. Day, and include calamities as determined by the Community Development Director in Section 23.06.11.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Marino as follows:
SECTION 1. The Planning Commission hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Planning Commission.
SECTION 2. FINDINGS.
A. That the above recitations are true and correct.
B. That the Planning Commission hereby determines that the proposed ordinance is compatible, consistent, and integrated with all other elements of the City’s General Plan.
C. That the Planning Commission finds and recommends that the City Council declare that the proposed Ordinance is exempt from CEQA review. In accordance with Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution, which would (1) revise the hedge height regulations in the R-1 zone, Area District II, to provide that no hedge in the front yard shall exceed the greater of four feet (4’) or the height of an existing or legally permitted fence or wall, (2) prohibit construction on days consistent with City-recognized holidays, and (3) provide the Community Development Director the authority to approve permit requests for the repair of nonconforming buildings damaged by natural disasters or calamities other than fires or earthquakes, is not subject to CEQA review because the activity is not a project as defined in Section 15378 of the CEQA Guidelines. CEQA Guidelines Section 15061(b)(3) provides that a project is exempt from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA because the activity is not a project as defined in Section 15378 of the CEQA Guidelines.
D. That the Planning Commission recommends adoption of the proposed Ordinance by the City Council.
CITY OF SAN MARINO PLANNING COMMISSION RESOLUTION NO. PCR-25-10
SECTION 3. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The Planning Commission hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED AND ADOPTED, at a meeting of the Planning Commission of the City of San Marino, California, on this 25th day of June, 2025.
SHELLEY BOYLE,
Chair, San Marino Planning Commission
ATTEST:
ISIDRO FIGUEROA
Secretary, San Marino Planning Commission