ORDINANCE NO. O-25-1418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO, CALIFORNIA, ADOPTING AN ORDINANCE AMENDING
THE FOLLOWING MUNICIPAL CODE SECTIONS: (1) 23.13.04 (b)(2)(d)
TO STATE THAT NO HEDGE SHALL EXCEED THE GREATER OF FIVE FEET (5’) OR THE HEIGHT OF A LEGALLY EXISTING OR
PERMITTED WALL OR FENCE WITHIN THE R-1 ZONE, AREA
DISTRICT II; (2) 23.06.11 TO INCLUDE CALAMITIES AS DETERMINED
BY THE COMMUNITY DEVELOPMENT DIRECTOR OR CITY
MANAGER; AND (3) 25.01.02 (d) TO PROHIBIT CONSTRUCTION ON MARTIN LUTHER KING JR. DAY
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN
AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, On May 31, 2024, the City Council recognized Martin Luther King Jr. Day as a City holiday; 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 wind storm (“Wind Storm”); 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 extend 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 as a result of the windstorm and a determination was made that Section 23.06.11 should apply to repairs of the damage resulting from this windstorm and is related to the protection of life and property under the proclamation of local emergency; 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.
SECTION 2. San Marino Municipal Code Section 23.13.04(B)(2)(d) (Regulations For Fences, Walls and Hedges in the R-1 Zone) is amended to read as follows with additions identified in red font:
23.13.04: REGULATIONS FOR FENCES, WALLS AND HEDGES IN R-1 ZONE:
A. General Requirements: The following requirements shall apply to all fences, gates, pilasters, yard walls, hedges and retaining walls:
1. All yard walls and retaining walls shall have weep holes or openings not more than two inches (2") in diameter at intervals of not more than ten feet (10'), so located as to permit the natural flow of surface drainage water.
2. All fences, yard walls and retaining walls shall conform to the requirements of the applicable provisions of the Building Code.
3. No fence or yard wall shall be constructed of hog wire, barbed wire or sharp pointed material, and no electrically charged fence shall be erected, constructed or maintained in the City.
4. No fence in the front yard area or in the side yard area facing a street of a corner lot shall be constructed of chain link or other wire material except as provided for in section 23.13.05 of this article.
5. The height of any fence, gate, pilaster, yard wall or hedge at any point shall be defined as the difference in elevation measured between the top of the fence, gate, pilaster, yard wall or hedge and the finished ground surface at a point one foot (1') from the fence, gate, pilaster, yard wall or hedge measured at right angles from the low side (the side with the greatest exposed surface). The height of a retaining wall shall be defined as the height of its exposed vertical surface.
B. Front Yard Requirements: All fences, gates, pilasters, yard walls, retaining walls or hedges located in the front yard area shall conform to the requirements set forth herein:
1. Setback: No fence, gate, pilaster, yard wall or retaining wall shall be located and maintained less than eighteen inches (18") from the front property line or the distance established by the DRC for safety reasons 1 .
2. Height:
a. No fence, yard wall or retaining wall in Area District III, IV, V, VI or VII shall exceed four feet (4') in height.
b. No fence, yard wall or retaining wall in Area District I or II shall exceed five feet six inches (5'6") in height.
c. Fences, yard walls and retaining walls less than twenty feet (20') from the side street property line on a corner lot abutting a key lot shall not exceed four feet (4') in height. (Ord. 096- 1093, 7-10-1996)
d. No hedge shall exceed four feet (4') in height in the required front yard in the R-1 Zone.
In the R-1 Zone, Area District II, no hedge shall exceed the greater of 5 feet (5’) or the height of a legally existing or permitted wall or fence in the required front yard. In Districts IE and I only, no hedge shall exceed the greater of four feet (4') or the height of an existing and legally permitted chainlink or wire front yard fence. This does not apply to hedges on properties fronting Huntington Drive, Sierra Madre Boulevard, California Boulevard, Los Robles Avenue, San Gabriel Boulevard, and Oak Knoll Avenue (north of Huntington Drive). Hedges on these specific streets shall not exceed eight feet (8') in height. (Ord. 0-11-1251, 5-27-2011) SECTION 3. San Marino Municipal Code Section 23.06.11 (Times Construction Prohibited) is amended to read as follows with additions identified in red font:
23.06.11: REPAIR, RELOCATION OR ALTERATION OF DAMAGED BUILDINGS:
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 or earthquake, or other calamities as determined by the Community Development Director or City Manager, which may be rebuilt on prior foundations and/or footprints to the preexisting size, configuration and style. (Ord. 096-1093, 7-10-1996)
SECTION 4. San Marino Municipal Code Section 25.01.02 (Time Construction Prohibited) is amended to read as follows with additions identified in red font:
25.01.02: TIMES CONSTRUCTION PROHIBITED:
It shall be unlawful for any person to perform or to cause or permit to be performed any construction work or construction activity for which a permit is required by this chapter or for any person requiring a business license pursuant to chapter XI of this Code to perform or to cause or permit to be performed any construction work or construction activity on the following days: (Ord. 092-1015, 6-10-1992)
A. On Mondays through Fridays, before seven o'clock (7:00) A.M. and after six o'clock (6:00) P.M.; except, that the Director of Planning and Building may authorize, in connection with seismic upgrading or fire sprinkler installation, construction work or activity in the C-1 Zone to be performed outside between six o'clock (6:00) P.M. and nine o'clock (9:00) P.M. and inside an enclosed building after nine o'clock (9:00) P.M. Such construction work or activity shall be performed in compliance with any conditions the Director of Planning and Building shall impose to alleviate potential disturbance to surrounding properties.
B. On Saturdays, before nine o'clock (9:00) A.M. and after four o'clock (4:00) P.M.; except, that the Director of Planning and Building may authorize, in connection with seismic upgrading or fire sprinkler installation, construction work or activity in the C-1 Zone to be performed outside between four o'clock (4:00) P.M. and nine o'clock (9:00) P.M. and inside an enclosed building after nine o'clock (9:00) P.M. Such construction work or activity shall be performed in compliance with any conditions the Director of Planning and Building shall impose to alleviate potential disturbance to surrounding properties. (Ord. 092-1027U, 8-12-1992) C. Sundays.
D. The following holidays:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
Fourth of July
Labor Day
Veterans Day
Thanksgiving
The Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
If any of the above holidays fall on a Saturday, construction work and construction activity shall be prohibited on the preceding Friday. If any of the above holidays fall on a Sunday, construction work and construction activity shall be prohibited on the following Monday.
This section shall not apply to the emergency repairs necessary for health, safety or preservation of property. (Ord. 092-1015, 6-10-1992)
SECTION 5. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 6. CEQA.
In accordance with Section 15060(c)(3) of the California Environmental Quality Act (CEQA) Guidelines, the Ordinance and Resolution, which would (1) require that no hedge shall exceed the greater of 5 feet or the height of a legally existing or permitted wall or fence within the R-1 Zone, Area District II; (2) make the days during which construction is prohibited consistent with Cityrecognized 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.
SECTION 7. PUBLICATION
The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
SECTION 8. EFFECTIVE DATE
This ordinance shall take effect 30 days following publication by title and summary.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of San Marino held on September 10, 2025.
_____________________________________
GRETCHEN SHEPHERD ROMEY
MAYOR
ATTEST:
_________________________
CITY CLERK
ALISON WALKER
APPROVED AS TO FORM:
_________________________
JOSEPH MONTES
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing Ordinance No. O-25-1418, was introduced at a Regular Meeting of the City Council held on the 25th day of July, 2025, and was approved and adopted at a Regular Meeting of the City Council held on the 10th day of September, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
ALISON WALKER
CITY CLERK