TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: Isidro Figueroa, Community Development Director
Alexis Huerta, Management Analyst
DATE: September 10, 2025
SUBJECT: ADOPTION OF ORDINANCE NO. O-25-1418 AMENDING
THE FOLLOWING MUNICIPAL CODE SECTIONS: (1)
23.13.04 (B)(2)(D) TO STATE THAT NO HEDGE SHALL
EXCEED THE GREATER OF FIVE (5’) FEET OR THE
HEIGHT OF A LEGALLY EXISTING OR PERMITTED WALL
OR FENCE WITHIN THE R-1 ZONE, AREA DISTRICT II;
(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 OR CITY
MANAGER
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”.
Gretchen Shepherd Romey, Mayor
Tony Chou, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Calvin Lo, Council Member
During the preparation of the proposed code amendment as directed by the City Council, staff identified two (2) additional opportunities to improve the San Marino Municipal Code with minor code text amendments.
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.
HISTORY
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.
On July 25, 2025, the City Council held a public hearing to consider 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 City Council 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 City Council and other pertinent information. Following deliberation, the City Council voted 4-1 to adopt Ordinance No. O-25-1418, with an amendment to Section 23.13.04(B)(2)(D) stating 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. In addition, the City Council voted unanimously to amend Section 25.01.02(D) to prohibit construction on Martin Luther King Jr. Day and to amend Section 23.06.11 to include calamities as determined by the Community Development Director or City Manager.
DISCUSSION
On July 25, 2025, the City Council conducted a public hearing and waived full reading and introduced by title only Ordinance No. O-25-1418. Based on the direction provided by the City Council at the public hearing, Ordinance No. O25-1418 has been prepared to require 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.
ENVIRONMENTAL REVIEW
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 five feet (5’) or the height of a legally existing or permitted wall or fence within the R-1 Zone, 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.
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 adopt Ordinance No. O-25-1418. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt 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 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) 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 or City Manager.”
ATTACHMENTS
1. Ordinance No. O-25-1418