TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
Alexis Huerta, Management Analyst
DATE: July 25, 2025
SUBJECT: PUBLIC HEARING TO CONSIDER ADOPTION OF
ORDINANCE NO. O-25-1418 AMENDING THE
FOLLOWING MUNICIPAL CODE SECTIONS: (1) 23.13.04
(B)(2)(D) TO INCREASE THE MAXIMUM HEIGHT FOR
HEDGES IN THE FRONT YARD WITHIN THE R-1 ZONE,
AREA DISTRICT II TO FIVE FEET- SIX INCHES (5’-6”);
(2) 25.01.02 (D) TO PROHIBIT CONSTRUCTION ON
MARTIN LUTHER KING JR. DAY; AND (3) 23.06.11 TO
INCLUDE CALAMITIES AS DETERMINED BY THE
COMMUNITY DEVELOPMENT DIRECTOR
STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Beautiful, Preserved, Single-Family Neighborhoods
Safe Community
BACKGROUND
During the City Council meeting of September 11, 2024, residents petitioned the City Council during the public comment portion of the 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”). The City Council directed staff to prepare a code text amendment to increase the height limit of front yard hedges in the R-1 Zone, Area District II to a maximum of 5’-6”.
During the preparation of the proposed code amendment as directed by the City Council, staff identified two additional opportunities to improve the San Marino Municipal Code with minor code text amendments.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
First, after the calamitous windstorm (windstorm) that gave rise to the Eaton Fire in January 2025, staff discovered a limitation in SMMC § 23.06.11 which provides exemptions for the repair of nonconforming buildings damaged by fires or earthquakes but not by other calamitous events. Second, staff observed that Martin Luther King Jr. Day was not included as a holiday during which construction is prohibited.
Specifically, the proposed Ordinance amends the Municipal Code as follows:
1. SMMC Section 23.13.04 (B)(2)(D) would be amended to increase the height limit for front yard hedges in the R-1 Zone, Area District II from 4’ to 5’-6”.
2. SMMC Section 23.06.11 would be amended to exempt the repair of nonconforming buildings damaged by calamitous events, as determined by the Community Development Director, from complying with the current zoning regulations (requirement for conformance).
3. SMMC Section 25.01.02 (D) would be amended to include Martin Luther King Jr. Day.
Please find Attachment 2 for the proposed changes to the aforementioned proposed text code amendments.
HISTORY
On May 27, 2025, the Planning Commission held a public hearing to consider adoption of PC Resolution No. 25-10 recommending adoption of Ordinance No.
O-25-1418 to amend Municipal Code Sections 23.13.04 (B)(2)(D), 25.01.02 (D), and 23.06.11.
At the public hearing, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and other pertinent information. The Planning Commission indicated their support for the proposed code text amendments to both San Marino Code Sections
23.06.11 and 25.01.02 (D); however, the members of the Planning Commission present at the meeting were unable to come to an agreement over the proposed code text amendment to San Marino Code Section 23.13.04 (B) (2) (d).
During deliberations, the Planning Commission made the following comments regarding the proposed code text amendment to San Marino Code Section
23.13.04 (B) (2) (d):
• Some Commissioners indicated that the proposed code text amendment would provide consistency between the allowed height of walls/fences and the maximum allowed height for hedges, which is currently lower. • The proposed code text amendment would facilitate the screening of walls/fences with landscaping by allowing the maximum hedge height to match the allowed height of walls/fences.
• The proposed code text amendment would allow for an improved aesthetic by buffering exposed walls/fences in favor of landscaping. • Commissioners questioned why the proposed hedge height increase was limited to District 2 and not extended to other zoning districts. They noted that other areas might also request higher hedge heights to address similar concerns, such as noise mitigation.
• While the proposal is intended to align hedge height with the permitted wall height in District 2 (5 feet 6 inches), some Commissioners expressed concern that this could create inconsistencies across the city. • Several commissioners noted that taller hedges in front yards conflict with the City’s Residential Design Guidelines, which emphasize maintaining open front yard landscapes and discourage fences, walls, and hedges in the front yard to preserve the City’s open streetscape character.
• There were concerns that increasing hedge heights in front yards may be visually unappealing and inconsistent with San Marino’s intended aesthetic.
• Some Commissioners expressed concern that taller hedges could create safety hazards for pedestrians by encroaching into the sidewalk area and reducing space in the public right-of-way.
After the Planning Commission deliberated the merits of the proposed code text amendment and failed to adopt PC Resolution No. 25-10, the Planning Commission decided to continue the public hearing to the next meeting scheduled for June 25, 2025 to allow the full membership to consider and forward to the City Council a recommendation regarding the proposed code text amendment.
On June 25, 2025, the Planning Commission reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the Planning Commission and other pertinent information. Following deliberation, the Commission voted unanimously to approve Planning Commission Resolution No. PCR 25-10, with an amendment to revise the language regarding hedge height regulations in District II. Specifically, the amendment clarifies that no hedge shall exceed the greater of four (4) feet or the height of an existing or legally permitted fence or wall.
DISCUSSION
SMMC § 23.13.04 (B)(2)(d) [REGULATIONS FOR FENCES, WALLS AND HEDGES IN THE R-1 ZONE]
The City Council directed staff to prepare a code amendment which would increase the height limit for front yard hedges in the R-1 Zone, Area District II from 4’ to 5’-6”. The increased height limit would apply only to Area District II, and not to other Area Districts within the R-1 Zone.
SMMC § 23.06.11 (REPAIR, RELOCATION OR ALTERATION OF
DAMAGED BUILDINGS)
On January 7, 2025, the calamitous windstorm that gave rise to the Eaton Fire downed many significantly sized trees and posed life-safety concerns throughout the City. As a result of the windstorm, some properties were damaged and required repair. SMMC Section 23.06.11 provides an exemption for nonconforming buildings damaged by fire or earthquake from meeting current zoning standards, which is commonly found in other municipal codes to address repairs necessitated by natural disasters. However, SMMC Section
23.06.11 does not extend to the homes found in the City that were damaged because of the windstorm.
On January 8, 2025, the City Council adopted Resolution No. R-25-03, ratifying a declaration of emergency adopted by the City Manager related to the windstorm. Resolution No. R-25-03 authorized the streamlined planning review of windstorm damaged properties. Staff are aware of at least two homes which sustained various levels of damage as a result of the windstorm and a determination was made that Section 23.06.11 should apply to repairs resulting from this windstorm and is related to the protection of life and property under the proclamation of local emergency.
The proposed code text amendment will include calamities, as determined by the Community Development Director, as part of the exemption. The revised language would read as follows:
No building which has been damaged or partially destroyed to the extent of more than fifty percent (50%) of its replacement value shall be repaired, moved or altered except in conformity with the provisions of this chapter pertaining to buildings thereafter erected. This section shall not apply to existing legal nonconforming residential or accessory buildings damaged by fire, earthquake, or other calamities as determined by the Community Development Director, which may be rebuilt on prior foundations and/or footprints to the preexisting size, configuration and style.
SMMC § 25.01.02 (TIMES CONSTRUCTION PROHIBITED)
SMMC Section 25.01.02 limits construction work or construction activity during certain hours during the week and prohibits construction on Sundays and holidays. As of July 1, 2024, the City recognized Martin Luther King Jr.
Day (the third Monday of January each year) as a holiday. The proposed code text amendment to SMMC Section 25.01.02 (D) will include Martin Luther King Jr. Day, thereby prohibiting construction on that holiday.
ENVIRONMENTAL REVIEW
In accordance with Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution, which would (1) make the maximum permitted height of front yard hedges in the R-1 Zone, Area District II consistent with the 5’-6” height limit for front yard walls and fences within Area District II, (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.
ECONOMIC DEVELOPMENT PRIORITY INITIATIVE UPDATE
The City Council approved a priority initiative to foster economic development by streamlining brick and mortar openings in order to facilitate new retail businesses opening and thriving in San Marino. By reviewing and modernizing zoning and municipal code regulations, the City aims to remove unnecessary barriers and create a more business-friendly environment. Key areas of review include parking requirements, conditional use permits, alcohol license regulations, and tenant improvement permits, each of which plays a crucial role in determining how quickly and efficiently new businesses can open their doors. Through these efforts, the City seeks to encourage economic growth, attract new businesses, and enhance the local shopping and dining experience while maintaining the character and charm of the community. The following are some of the code text amendments that staff are currently reviewing and intend to update to be in concert with the approved priority initiative:
Commercial Tenant Improvements: In accordance with SMMC Section
23.03.04(E)(2), an addition, renovation or remodeling of any existing building when the value thereof is more than twenty percent (20%) of the estimated value of the existing building requires a conditional use permit. Recently, Starbucks was required to go before the Planning Commission to receive approval for a conditional use permit for interior improvements that did not expand the floor plan or have an impact on the exterior of the building. The code text amendments intend to modify this section by eliminating the requirement for approval of a conditional use permit for the aforementioned improvements.
Uses: SMMC Section 23.03.01 identifies both allowed and prohibited land uses that are allowed in the commercial corridors. The intent of the code text amendment is to update the land use list to current industry terminology and clarify language that is not clearly written which leads to confusion for both staff and the reader. The code text amendment intends to eliminate the requirement of receiving approval of a conditional use permit for land uses such as medical or dental offices, and yoga/exercise studios. Additionally, staff have been approached by members of the local churches who have requested that columbariums be classified as an allowed use within the church not visible from the exterior.
Alcohol Sales: Both residents and business owners have indicated that both commercial corridors lack restaurants —more so along Huntington Drive.
SMMC Section 23.03.01(C)(13) limits the number of full line alcohol permits to one east and west of San Marino Avenue. Additionally, any alcohol permit is required to be located at least 500 feet from all school properties and other businesses that have been issued an alcohol permit. The limitation of full line of alcohol permits and the distance requirement from schools and other businesses that have been issued an alcohol permit present an immediate obstacle for any prospective restaurant to consider any location within Huntington Drive or Mission Street. The intent of the code text amendment is to provide alternatives that would facilitate the introduction of restaurants to both Huntington Drive and Mission Street without compromising safety. Staff will work closely with the San Marino Police Department in developing the code text amendments and the requirement to secure a conditional use permit for an alcohol permit that is intended to remain in place in order to ensure that residents and concerned business owners will have an opportunity to voice their concerns through the public hearing process.
Commercial Window Signs: SMMC Section 23.12.01(I) allows for temporary signs; however, the Sign Ordinance does not contain any language authorizing the placement of permanent window signs. The majority of businesses in the City have permanent window signs displaying the business name which generates a conflict for Code Enforcement when attempting to enforce the City’s Sign Ordinance. Additionally, business owners have requested additional signage since they find the approval process which requires DRC approval to be expensive and time-consuming and would like alternatives to display their business name. The intent of the code text amendment is to develop permanent window sign requirements that will assist businesses in displaying their business name in an aesthetically pleasing manner.
Commercial Signage: SMMC Section 23.15.04 requires DRC review and approval for commercial signage that changes the size, style, color, and/or materials. Business owners have approached staff to voice their concern about the amount of time it takes to go through the DRC process which usually entails a few public hearings before receiving approval. The intent of the code text amendment is to implement an administrative review process that allows staff to review and approve the replacement of existing signs for new tenants.
Any new sign would continue to be reviewed by DRC as currently required by the City’s Code.
Parking: The intent of the code text amendment is to clarify language to permit commercial properties that currently have legal non-conforming parking to allow uses within their commercial spaces without conforming to the off-street parking requirements as long as the proposed use does not require additional parking than the use it intends to replace. Additionally, the code text amendment intends to clarify language to allow repaving of existing parking spaces without conforming to the existing landscaping standards for parking lots. Business owners are reluctant to improve existing parking lots because they are unable to conform to the existing landscaping standards because they will lose parking spaces to accommodate landscaping which will increase the parking deficiency.
Staff would appreciate the City Council’s feedback on the items discussed above as we continue to work on the priority initiative.
FISCAL IMPACT & PROCUREMENT REVIEW
There is no fiscal impact associated with the consideration of adoption of Ordinance No. O-25-1418.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council conduct a public hearing, determine whether to amend the code regarding hedge heights as drafted by staff or as recommended by the Planning Commission, and introduce for first reading Ordinance No. O-25-1418. If the City Council agrees with staff’s recommendation, an appropriate motion would be:
“I move to waive full reading and introduce by title only Ordinance No. O-25- 1418, an Ordinance of the San Marino City Council amending Municipal Code Sections (1) 23.13.04 (B)(2)(D) to increase the maximum height for hedges in the front yard within the R-1 zone, Area District II to five feet- six inches (5’-6”); (2) 25.01.02 (D) to prohibit construction on Martin Luther King Jr.
Day; and (3) 23.06.11 to include calamities as determined by the community development director.”
ATTACHMENTS
1. Draft Ordinance No. O-25-1418
2. Planning Commission Resolution No. PCR 25-10