FORM CM-36

CITY OF GLENDALE CALIFORNIAREPORT TO CITY COUNCIL

April 19,2005

AGENDA ITEM

Hearing on Proposed Ordinance to Amend Title 30 of the Glendale Municipal Code, Relating to Fencesand Walls in the Horse Overlay Zone.

I. Ordinance for Introduction

COUNCIL ACTION

Public Hearin~ I)(J _ Ordinance [

Approved for V~J It( 1m/5\ I

ADMINISTRATIVE ACTION

] Consent Calendar [ ]

calendar

Action Item [ ] Report Only [ ]

SignatureSubmitted 6 '

Elaine Wilkerson, Director of Plarming l. d::1:4.t4-f::?"-=---.,

PreparedTimothy Foy, Senior Plarmer , +t:-::l=..D(=:':~~~c::':::::~_

Appro~:~cs Starbird, City Manager ~~g2~~~~~;;~~~

ReviewedScott Howard, City Atlomey :-o..",=.~/2::;~~~::---" ;L---

Steve Zurn, Director ofPublic Works .

Hassan Haghani, Assistant Director of Planning ---,¥~M~'-At;'4"~

RECOMMENDATION

The Planning Division recommends approval of the proposed ordinance.

SUMMARY

In 2004, the City Council directed staff to review the regulations concerning fences and walls in theHorse Overlay Zone. There are a number ofunique circumstances that warrant this review, including

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the pennitted use of stables in back yards, some properties facing a public park in Los Angeles, and, inplaces, a public right-of-way that extends far beyond the curb line.

The Planning Commission recommended approval of regulations concerning both new fences andlegalizing some of the fellces and walls that currently exist.

FISCAL IMPACTNone.

BACKGROUND

The City Council directed staff to review the regulations for walls and fences in the Horse (H) OverlayZone, which is applied in the Rancho area in the northwest corner of the city.

Existing Regulations

Since the time of Glendale's first zoning ordinance in 1922 as part of a community master plan, front­yard fences have been prohibited and Glendale has developed with a streetscape of open yards. Existingregulations make the Horse Overlay Zone the only location in the city in which fences or walls aboveeighteen inches are pennitted in the required setbacks for the street front and street side yards. In the R1zone, these required yards are 25 feet for the front and 6 feet for the side street frontage.

The topic has been revisited on several occasions, most recently in 1993, 1998-2000, and 2001. A Fenceand Wall Committee convened in 1998-99 reconunended allowing fences and walls in front and streetside yards city-wide with Design Review Board approval. A May 30,2000 staff report on the subjectindicated that most homeowners' associations had expressed opposition to allowing fences in therequired street setbacks. A consensus could not be found on the City Council. Staff returned to Councilin 2001 with additional reports, and, on August 7, 2001, the Council adopted Ordinance 5288, allowingfences and walls in front and street-side yards in the Horse Overlay Zone only, and enacting the rulesthat are currently in the Zoning Code.

Section 30.21.040.E gives the design standards for such fences, as follows:

"E.Fences and walls within the street front setback and the street side setback.

Notwithstanding any other provisions of this title 30, the following additional criteria shallapply to any fence in the street front setback or in the street side setback and to walls overeighteen (18) inches high in the street front setback or in the street side setback:

1. No fence or wall located within the street front setback shall be closer than five (5) feet toany property line abutting a street and shall not exceed a height, at any point, of three andone half (3 Y2) feet, or forty-two (42) inches.

2. No fence or wall shall be electrically charged or made of any sharp-edged materials,barbed wire, razor wire, chicken wire, chain link, fiber glass, plain smooth block, paintedblock or light-colored painted wrought iron.

3. Landscaping shall be provided between a fence or wall and the property line abutting astreet to the satisfaction of the design review board."

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Further, Section 30.21.050 requires approval of these fences and walls from the Design Review Board.

Enforcement Efforts

A moratorium on enforcc;ment against fences and walls in street front and street side yards was liftedupon the passage of Ordinance 5288, and, following a directive from the City Council, NeighborhoodServices sent notices to approximately 1,700 property owners throughout the city in 1999. Of these,forty-six were in the Rancho area in the Horse Overlay Zone.

The required remedies in most parts of the city were that a damaged or deteriorated wall or fence or anychain-link, fiberglass, plastic or wire fence must be removed immediately; and all other illegallyconstructed walls and fences must be removed by September I, 2006, or upon sale or transfer of theproperty, whichever comes first. Section 30.60.040.E also provides that all walls or fences in the streetfront setback which were unlawfully constructed or erected after October 19, 1999 must be removedimmediately.

For fences and walls in the Horse Overlay zone, those fences and walls cited were to comply with designguidelines cited above or be removed.

As a result of enforcement efforts in the Horse Overlay Zone, two walls or fences have been removed;eight have been found to have been previously approved (usually through a variance); one has beenapproved by the Design Review Board, and another application was heard by the board, but continuedindefinitely; and thirty- six are still standing, without Design Review Board approval.

Existing Conditions

A number of conditions pertain in the Rancho area that might justifY a change in fence regulations.Primarily, there are number of streets where the right-of-way owned by the City is wide compared to thewidth of the street, although this is not unique to this neighborhood. lbis results in front property linesfar back from the curb, further than may be apparent to the casual observer. Of course, this means thatthe front setback area in which fences are permitted is also further away from the curb than one mightguess.

Additionally, several blocks in the area abut the boundary with Lus Angeles, and City of Los Angelesparks are directly across the street. This is an advantage for horse owners seeking easy access to theequestrian facilities in Griffith Park, but also a disadvantage in controlling the nuisances that almostinevitably come with adjacency to parkland. The Los Angeles Police Department is responsible forpolicing Los Angeles parks, and some residents are concerned that its response time is slower than thatof the Glendale Police Department.

Further, the Horse Overlay zone is the only residential zone in the city in which stables and corrals arepermitted. The Zoning Code restricts these to the rear thirty-five feet of properties. It has beensuggested that this encourages greater use of front yards than is the norm.

Neighborhood Services, with the help of the neighborhood homeowners' association, has compiled a listof 38 properties in the Horse Overlay zone with walls or fences that do not meet code standards.

In addition, eight other properties have walls or fences that have been legalized or been determined to belegal. A wall that spans five properties at 1720-52 Riverside Drive was determined by the ZoningAdministrator to be legal non-conforming, the owners of two properties (1757 Riverside and 1823Stanton) received variances to legalize walls on those properties, and a wood picket fence at 1426

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Randall received approval from the Design Review Board, upon the condition that the fence be movedfrom its location at one foot back from the property line to five feet back from the property line, asrequired by the present Code. A second case which was continued indefinitely by the Design ReviewBoard in anticipation of this Code review

STAFF PROPOSAL

1. New walls and fences

For new walls and fences, staff proposes keeping existing regulations, with three changes:

• The mandatory setback should be at least five feet from the curb, instead of five feet from thefront property line (although still on private property);

• Allow fences to be constructed of light-colored painted wrought iron, but keep the prohibitionson no electrical charge, sharp-edged materials, barbed wire, razor wire, chicken wire, chain link,fiber glass, plain smooth block, and painted block; and

• New walls and fences which meet the design criteria could be approved over the counter, insteadof going to Design Review Board.

Under the Title 15 of the Glendale Municipal Code, fences and walls over l8 inches high and located ina street front or street side setback area require a building pennit. Pennit Services staff would checkcompliance with standards during building permit plan review.

Landscaping would still be required in the area between the fence or wall and the curb, but there wouldbe no review of a landscape plan. Instead, the Zoning Code would direct property owners to consult theCity's existing regulations on landscaping in Titles 10 and 12 of the Municipal Code (see Exhibit G).Section 12.04.020 regulates trees and other plants affecting pedestrians and traffic. Section 10.64.060and 10.64.070 deal with obstructions to visibility at intersections.

2. Existing walls and fences

For existing walls and fences as listed by Neighborhood Services, staff proposes that those which are atleast five feet from the curb, or the front property line, whichever is greater, and no higher than 48 inchesbe pennitted, regardless of material. Height would be checked by the Planning Division as part ofreview for a building pennil.

There are several light-painted wrought iron fences, which violate the current requirements on materials,in addition to the requirements for location. Additionally, there are some fences which appear to be overforty-two inches in height. However, staff acknowledges that it is quite common for people to beunaware of the need to obtain a pennit for fences, despite the best efforts of the Neighborhood Servicesstaff.

It is understandable that people could be confused about the location of their front property line,and regulations about height and materials have been in the Zouing Code only since fences andwalls were first pennitted in the Horse Overlay Zone in 2001. Among the existing fences, theonly violation in materials that staff is aware of is the use of light-colored painted wrought iron.Generally, light-colored wrought iron is prohibited because the light color makes the fence seemto 'pop out' and become more visible.

However, tall fences and walls have a much greater visual impact, and stray the furthest from theCity's overall vision of open streetscapes. Tall walls and fences are most justified when there4

may be severe impacts on privacy, such as single-family homes facing much larger commercialor multi-family developments. Similarly, if there were significant security threats to property,tall walls may be justified. The Los Angeles parks across the street undoubtedly create somenuisance, but staffdoes not believe there is a security threat sufficient to justifY tall walls andfences.

The Planning Commission recommendation is to legalize the locations and materials of existingfences and walls, but enforcing a height limit of48 inches. Staffestimates this would legalizeabout 50% of the existing fences. More could be legalized with the removal of decorativetoppings of the posts. A property owner who wishes to keep a fence or wall taller than 48 inchescould apply for a variance.

NON-ZONING ISSUES

It has been suggested that property owners who have paid ORB application fees for walls and fencessince the time the current regulations were adopted should be entitled to a refund of their ORBapplication fees. This would affect two property owners, each ofwhom paid approximately $300 infees. The Council may wish to consider ordering a refund of these fees.

Staffdoes not recommend a refund. The City Council and City staff are always looking at ways tostreamline approval processes. It could be an inappropriate precedent ifpreviously paid fees must berefunded after a Code change.

When existing fences and walls are in the public right-of-way, the Public Works Division may be willingto permit these structures to remain with encroachment permits. The application fee is $850.

PLANNING COMMISSION REVIEW

On March 14, 2005, the Planning Commission held a public hearing on these Code amendments. TheCommission made some changes to staffs recommendation, all of which have been incorporated in theproposed ordinance.

The Commission's changes included:

• Allow existing walls and fences up to 48 inches in height be legalized (staff had proposed aheight limit of 60 inches, but only for open fences); and

• Include light-colored wrought iron as an approved material for new fences.

The Commission voted 5-0 to recommend approval ofthe Code amendments with these twomodifications.

ENVIRONMENTAL REVIEW

The project is exempt from the California Environmental Quality Act, under Section 15305 of theCEQA Guidelines (Minor alterations to land use limitations).

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EXHIBITS

Exhibit A:Exhibit B:Exhibit C:Exhibit D:Exhibit E:

Exhibit F:Exhibit G:Exhibit H:

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Map of the R-I-H (Horse Overlay) ZoneChart Showing Enforcement Cases in the Horse Overlay Zone"Equestrian Style" fence regulations from Rolling Hills EstatesPetition receivedPhotos submitted by Joanne Hedge, President, Glendale Rancho HomeownersAssociationLetter from Joanne Hedge to City Council and City ManagerGlendale Municipal Code sections regarding landscaping in public right of wayPlanning Commission minutes from March II, 2005 (Draft)

ORDINANCE NO. _

AN ORDINANCE OF THE CITY OF GLENDALE, CALIFORNIA AMENDINGSECTIONS 30.11.070,30.21.040,30.47.020 AND 30.60.040 OF TITLE 30 AND

REPEALING SECTION 30.21.050 OFTITLE 30 OF THE GLENDALE MUNICIPAL CODE, 1995.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GLENDALE:

SECTION 1. Section 30.11.070 of the Glendale Municipal Code is hereby amended to read as

follows:

30.11.070 - Residential District Setback Requirements and Exceptions

A. Street Front Setback

In the ROS, R1R, Rl, R-3050, R·2250, R-1650 and R-1250 zones, no person shall construct, locateor maintain within the space between a street and a setback line established by ordinance or by thistitle, any building, wall, fence or structure except:

1. General Exceptions

a. Driveways and walks, provided that a driveway shall be limited to that area reasonablynecessary to provide safe and efficient ingress to and egress from off-street parking spaceslocated behind a set-back area;

b. Eaves may project into a required setback area for a distance not to exceed thirty (30) inches.

c. Flagpoles limited to one (1) per site.

d. Footings and public utility vaults iffully subterranean;

e. Landscape accent lighting not to exceed eighteen (18) inches in height;

f. Retaining walls, planters or curbs which are not more than eighteen (18) inches in heightabove the ground surface existing at the time of construction, except that retaining walls shallnot be used to create light and ventilation wells as an intrusion into a front setback area and;

g. Uncovered steps or landings not over four (4) feet high as measured parallel to the natural orfinish ground level at the location of the constmction may project into the required setbackarea for a length oftourteen (14) feet measured parallel to the building. Such steps andlandings may project into the required setback area for a distance ofthre<: (3) feet in the ROS,RIR and Rl zones; four (4) feet in the R-3050, R-2250, R-1650, R-1250.

h. Circular driveways shall be a permitted exception on lots having a minimum width of sixty(60) feet and where buildings or structures are set back not less than twenty-five (25) feetfrom the property line. The outer turning radius of a circular driveway shall be a minimum oftwenty-five (25) feet. Circular driveways shall be used only for the temporary storage ofmotor vehicles and shall not be used in lieu of required off-street parking spaces. In the ROS,RIR and RI zones only, a driveway shall not occupy more than forty-five (45) percent of thestreet setback area measured from a line fifteen (15) feet back from the street right-of-wayline except for flag lots and lots located on the curve of a cul-de-sac.

I. Lampposts adjacent to walkways, stairways and driveways not to exceed a height of five (5)feet. In the ROS, RIR andRl zones only, there shall be no more than two (2) lampposts onlots less than sixty (60) feet wide at the front setback line and no more than four (4)lampposts on lots that are sixty (60) feet wide or greater at the front setback line;

J. Fences and walls located within the street front setback or within the street side setbackwithin the "II" Overlay lane in compliance with Chapter 39.17 aEHI30.21.

2. Additional exception in the ROS, RIR and Rl zones. In the ROS, RIR and Rl zones, necessary railingsto comply with Building Code requirements adjacent to driveways or stairways which are either elevatedabove the ground surface or depressed below the ground surface shall be permitted in the street frontsetback area.

3. Additional exceptions for R-3050, R-2250, R-1650, R-1250 zones.

a. In the R-3050, R-2250, R-1650, R-12S0 zones, fire department connections and standpipes,not to exceed a height of twenty-four (24) inches are permitted in required street front setbackarea. To the greatest extent possible, such fire equipment shall be incorporated intolandscaped areas and located adjacent to walls, landings, stairways, driveways or otherlocations to mimmize the visual impact.

b. In the R-3050, R-2250, R-16S0, R-1250 zones, necessary railings adjacent to stairways.

4. Storage Prohibited. No person shall store materials or equipment witbin the space between astreet and a setback line establisbed by ordinance or by this chapter, except temporarily duringconstruction on the same premises temporarily during construction on tbe same premises. Norequired setback area shall be used to store any motor vemele, trailer, camper, boat or partstbereof, equipment or any type of antenna except as provided for in this title.

B. Street Side Setback

In the ROS, RIR, RI, R·3050, R·2250, R-1650 and R-1250 zones, no person shall construct witmnthe space between a street and a setback line established by ordinance or by this title, any building,wall, fence or other improvement Or structure except:

1. General exceptions

a. Eaves may project into a required setback area for a distance nat to exceed thirty (30) inches.

b. Flagpoles, limited to one (1) per site.

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c. Footings and public utility vaults if fully subterranean.

d. Landscape accent lighting not to exceed eighteen (18}inches in height.

2. Additional exceptions in the ROS and RIR zones. In the RI zone, the following may bepennitted in the required street side setback area:

a. Driveways and walks, provided that a driveway shall be limited to that area reasonablynecessary to provide safe and efficient ingress to and egress from off-street parking spaceslocated behind a set-back area. Circular driveways shall be a pennitled exception on lotshaving a minimwn width of sixty (60) feet and where buildings or structures are set back notless than twenty-five (25) feet from the property line. The outer turning radius ofa circulardriveway shall be a miuimum oftwenty-five (25) feet. Circular driveways shall be used onlyfor the temporary storage ofmotor vehicles and shall not be used in lieu ofrequired off-streetparking spaces. A driveway shall not occupy more than forty-five (45) percent of the streetsetback area measured from a line fifteen (15) feet back from the street right-of-way lineexcept for flag lots and lots located on the curve of a cul-de-sac.

b. Necessary railings to comply with Building Code requirements adjacent to driveways orstairways which are either elevated above the ground surface or depressed below the groundsurface;

c. Lampposts adjacent to walkways, stairways and driveways not to exceed a height of five (5)feet. There shall be no more than two (2) lampposts on lots less than sixty (60) feet wide atthe front setback line and no more than four (4) lampposts on lots that are sixty (60) feet wideor greater at the front setback line;

d. Retaining walls, planters or curbs which are not more than eighteen (18) inches in heightabove the ground surface existing at the time of construction, except that retaining walls shallnot be used to create light and ventilation wells as an intrusion into a front setback area and;

e. Uncovered steps or landings not over four (4) feet high as measured parallel to the natural orfirrish ground level at the location of the construction may project into the required setbackarea for a length of fourteen (14) feet measured parallel to the building. Such steps andlandings may project into the required setback area for a distance of three (3) feet.

3. Additional exeeptions in the Rl zone. In the Rl zone, the following may be pennitled in therequired street side setback area:

a. Driveways and walks provided that a driveway shall be limited to that area reasonablynecessary to provide safe and efficient ingress to and egress from off-street parking spaceslocated behind a setback area. Circular driveways shall be a permitted exception on lotshaving a mininmm width of sixty (60) feet and where buildings or structures are set back notless than twenty-five (25) feet from the property line. The outer turrring radius of a circulardriveway shall be a minimum of twenty-five (25) feet. Circular driveways shall be used onlyfor the temporary storage of motor vehicles and shall not be used in lieu of required off-streetparking spaces. In no event shall a driveway occupy more than forty-five (45) percent ofthestreet setback area.

b. Necessary railings adjacent to stairways.

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c. Lampposts adjacent to walkways, stairways and driveways not to exceed a height of five (5)feet. Lampposfs shall not exceed two (2) lampposts on lots less than sixty (60) feet wide atthe front setback line and no more than four (4) lampposts on lots that are sixty (60) feet wideor greater at the front setback line.

d. Retaining walls, planters or curbs which are not more than eighteen (18) inches in heightabove the ground surfaceexisting at the time ofconstruction.

4. Additional exceptions in the R-30S0, R-22S0, R-1650, R-1250 zones. In the R-3050, R·2250.R-1650 and R-1250 zones, the following maybe permitted in the required street side setbackarea:

a. Driveways and walks, provided that a driveway shall be limited to that area reasonablynecessary to provide safe and efficient ingress to and egress from off-street parking spaceslocated behind a setback area.

b. Fire department connections and standpipes, not to exceed a height of twenty-four (24)inches. To the greatest extent possible, such rITe equipment shall be incorporated intolandscaped areas and located adjacent to walls, landings, stairways, driveways or otherlocations to minimize the visual impact.

c. Lampposts adjacent to walkways, stairways and driveways, not to exceed a height of five (5)feet.

d. Necessary railings On top of subterranean and semi-subterranean garages.

e. Retaining walls, planters or curbs which are not more than eighteen (18) inches in heightabove the ground surface existing at the time of construction.

f. Subterranean and semi-subterranean parking garages shall be set back a minimum of five (5)feet from the street side property line. Such parking garages may include equipment, service,utility and storage areas provided such areas do not have any door, window or other openingto the outside facing the street except for necessary ventilation.

g. Additions to any existing residential dwelling unit where only one (1) residential dwellingunit exists on the lot and for which a building permit has previously been issued for thedwelling unit prior to December 14, 1995, shall be set back a minimum of six (6) feet fromany side property line abutting a street.

5. Storage Prohibited. No person shall store materials or equipment within the space between astreet and a setback line established by ordinance or by this chapter, except temporarily duringconstruction on the same premises temporarily during construction on the same premises. Norequired setback area shall be used to store any motor vehicle, trailer, camper, boat or partsthereof, equipment or any type of antenna except as provided for in this title.

C. Interior Setback

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In the ROS, R1R, Rl, R-3050, R-2250, R·1650 and R-1250 zones, no person shall construct, locateor .maintain within the space between a property line and an interior setback line established by

.-"'ordinance or by this title, any building, wall, fence or structure except:

1. General exceptions

a, Boundary line fences and freestanding (non-retaining) ?lalls may be located along the interiorproperty lines or within interior setback areas, but may not encroach into the street setbackarea.

b. Eaves may project into a required setback area for a distance Dot to exceed thirty (30) inches,provided they do not project closer than thirty (30) inches to an interior property line.

c. Footings and public utility vaults if fully subterranean.

d. Fireplaces and chimneys may project into the required interior setback area a maximum oftwo (2) feet for a length of ten (10) feet measured parallel to the building.

2. Additional exceptions in the ROS, RIR and Rl lones. In the ROS, Rl R and Rl zones, thefollowing may be pennitted in the required interior setback area:

a. In the ROS and RlR zones only, retaining walls under three (3) feet in height may be locatedanywhere within the interior setback areas. Retaining walls at least three (3) feet and butunder eight (8) feet in visible height may be located no closer than five (5) feet to any interiorproperty line. See Section 30.30.01O.B for additional regulations on the height of retainingwalls.

b. Detached private garages.

c. Driveways and walks.

d. Mechanical equipment that is fully enclosed on all sides and the top shall not be required toset back from an interior property line. Mechanical equipment that is not fully enclosed shallbe set back the same minimum distance as the primary building on the lot.

e. Railings adjacent to stairways.

f Swimming pools and spas shall be set back a minimum of three (3) feet from any interiorproperty line, such distance being measured to the edge of the water.

g. In the case of subdivisions in the ROS and RIR zones with a "preliminary schematic plan"building envelope location requirement (see Section 30.11.040), structures may be closer tothe interior property line, provided the setback between building envelopes is at least twenty(20) feet.

h. Uncovered steps or landings not over four (4) feet high as measured parallel to the natural orfinish ground level at the location of the construction may project into the required setbackarea three (3) feet for a length offonrteen (14) feet measured paranel to the building.

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3. Additional exceptions in the R-30S0, R-22S0, R-16S0, R-12S0 zones. In the R-3050, R-2250.R-I 650 and R-1250 zones, the following may be permitted in the required interior setback area:

a. Driveways and walks, except where abutting the ROS, RIR or RI zones,

b. Detached private garages on a lot where all vehicular access to parking spaces is gained froman alley,

c. Attached and detached private garages not exceeding a height of fifteen (IS) feet ou lots lessthan sixty-one (61) reet wide shall have a minimum interior setback of five (5) feet.

d. Subterranean parking garages, except where abutting the ROS, RIR or RI zones,

e, Swimming pools and spas shall be set back a minimum offour (4) reet from any interiorproperty line, except whcrc abutting the ROS, RIR or Rl zones, such distance beingmeasured to the edge of the water.

f Uncovered steps or landings not over four (4) feet high as measured parallel to the natural orfinish ground level at the location of the construction may project into the required setbackarea four (4) feet for a length offourteen (14) feet measured parallel to the building, exceptwhere abutting the ROS, RIR or Rl zones,

g, Railings, walls on top of roof deck balconies with a maximum height of forty-five (45)inches.

h. Semi-subterranean parking garages shall have a minimum interior setback of five (5) feet.Semi-subterranean parking garages not extending more than three (3) feet above grade mayproject completely to the interior property line, except where abutting the ROS, R IR or RIzones, provided that the combined height of the garage and any solid wall or fence on top ofthe garage in the setback area does not exceed six and one-half (6 -Y,) feet above the adjacentground level and the garage is located immediately adjacent to the interior property line,

i. Additions to any existing residential dwelling unit where only one (1) residential dwellingunit exists on the lot and for which a building pennit has previously been issued for thedwelling unit prior to December 14, 1995, shall be set back a minimum of six (6) feet fromany interior property line.

4. Storage Prohibited, No required interior setback area shall be used to store any motor vehicle,trailer, camper, boat or parts thereof, equipment or any type of antenna except as provided for inthis title.

SECTION 2. Section 30.21.040 of the Glendale Municipal Code is hereby amended to read as

follows:

30.21.040 - General Development Standards

A. Setbacks for dwellings

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Setbacks sball be governed by the requirements of the underlying zone except that doors, windowsand other openings in any building or structure used for human habitation shall be at least ten (10)feet from all property lines within the rear thirty-five (35) feet of the lot or parcel of land.

B. Location and setback for stables

Stables used for the keeping of [lOrses shall be located within the rear thirty-five (35) feet of the lot orparcel of land and shall be set back a minimum of ten (10) feet from all other property lines.However, the ten (10) foot setback shall not apply to stables within ten (10) feet of a property lineprovided they are ofmasonry or concrete construction without openings. The minimum setback froma public alley shall be ten (10) feet from the centerline of the alley or at the alley right-of-way line,whichever is greater. provided that the stable is constructed ofmasonry or concrete without openingsfacing such alley.

C. Construction of stables

Private stables for the housing of horses shall be constructed so as to facilitate maintenance in a cleanand sanitary condition. Exterior walls shall be constructed as required for permanent buildings. Theinterior surfaces of such walls shall be finished with smooth, hard, nonabsorbent materials. Sheetmetal buildings are prohibited.

D. Setback for corrals

Corrals or yard areas used for the keeping of horses shall be located within the rear thirty-five (35)feet of the lot or parcel of land and shall be enclosed by an opaque type fence or wall not less than six(6) feet in heigh!. Such fence or wall shall be maintained and kept in a good state of repair at alltimes.

E. Fences and walls within the street front setback and the street side setback.

Notwithstanding any other provisions of this title 30, the following additional criteria shall apply toany fence in the street front setback or in the street side setback and to walls over eighteen (18) incheshigh in the street front setback or in the street side setback:

I. No fence or wall located within the street front or street side setback shall be closer than five (5)feet to any property line ab"Uing a street street curb and shall not exceed a height, at any point,of three and one half (3 \1,) feet, or forty-two (42) inches. This section shall not be construed aspermitting the erection or maintenance orwalls or fences in the public right-of:wav without theissuance oran encroachment permit pursuant to Title J2 oUhe Glendale Municipal Code.

2. No fence or wall shall be electrically charged or made of any sharp-edged materials, barbed wire,razor wire, chicken wire, chain link, fiber glass, plain smooth block or painted block ar lighteolared pain!ed ""r"<lgB! ireI'.

3. Landscaping shall be provided between a fence or wall and ilie property line abffitiag a street Iethe sa!isfaetian aftBe desigB review baaffi. and shall comply with all applicable regulations ofTitles 10 and J2 oUhe Glendale Municipal Code.

4. Fences and walls existing as orAprill9, 2005 may have a maximum height orfortv-eight (48)inches.

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SECTION 3. Section 30.21.050 of the Glendale Municipal Code is hereby repealed.

JQ.21.QSQ Desi!:R Rede..... Re'luiped

Appreval sflall be eblaiHea fram the ,amHg aamiHislraler sOOjeetla design r.,,'iew beard aflprevalp"rsHaflt te Chaj1ter 3Q.47priar te 1Hl)' imllallalieH afany !enee in \he street Heat sBlBaek ar in \he slfeB!side sBlBallk er a wall ever eighle"" (18) inshes I1fgh i" Ille streB! He"l sBlballk er i" the streB! sidesetbaek.

SECTION 4. Section 30.47.020 of the Glendale Municipal code is hereby amended to read as follows:

30.47.020 - Applicability

The provisions of this article shall apply to the following:

A. New buildings and structures, exterior remodeling and exterior changes of or to existing buildings andstructures for which a building permit is required;

B. New or altered signs located in the South Brand Boulevard Specific Plan Area for which a sign permitis required;

C. Sign programs;

D. Murals; and

g, fdl)' !enee ar a wall aver 18 iHeftes high in the streBl Hant sB!Ballk er in \he slfeet side selhaek in tile"H" Herse D"erla)' hene. £ll8se'f"eat ta \he iSilllal1ee ef\he [mal building flemHt, sign j3effilit, arawrevel af aRj' !eHse ar a wall eyer eighteen (18) inehes IHgh witllin the s1feet frant se!baelc er thes!feet siae setbook, aO) ehaages ta awrevedl'lBHs whisll af!eet the ..,teRer {lfthe J"fejeet {IF feaee OF

wall witllin tile slfeB! !fant seteaslc ar tile slfeet side seteask shallee l'efHJffied unless BJ3j3reved by thebeard in aeeardaHee with tile presedures eeat"ined herein.

F, E. Exemptions.

Notwithstanding the above provision, the following buildings, physical improvements and Bitedevelopments are exempt from design review procedures and requirements:

1. Interior design and interior modifications to buildings or structures, whether or not floor area isadded;

2. Buildings and Btructures in the CBD, CPD and SR zones;

3. In zones other than ROS, RIR and RI:

a. Remodeling projects, provided tbat such remodeling does not involve a change in thearchitectural style of the building or structure and is otherwiBe in keeping with the intent,purpose and standards of this article. Such remodeling may include, but shall not be limitedto, window and door frees and openings, automatic teller machines, handrails, stairways,walls e"s8j3t for walls eyer eighleen (18) inelles high ia the streB! HSllt sBlB"ek Sf ill the street

Page 8 01'13

side sef8aek iR Ike "II" Herse Overlay £eRe as s~eeified in seetieR ]{l.21 .G4G, !eRees e".ept[SF feHees iH tfle stTeet H=sRt setbaek or ifl the street side seteaBIE in FRS "H" HSMs Oyer-1ayZORe as ~eeified in seetien ]G.2 I.fHO, fences and walls which may be permitted underChapter 21 ofthis tit/e. decks, patio covers, trellises, gazebos, mechanical equipmentscreening (bolb rooftop and gronnd mounted), satellite dish antennas and screening (bolbrooftop and ground mounted), trash and recycling enclosures and p=anently affixedplayground equipment. Major or substantial exterior changes which are proposed in accordwith lbe city's earthquake ordinance shall be reviewed by the board for compliance with theprovisions of this Code. The zoning administrator shall determine if a seismic upgradechange is of such minor nature as to not require design review board review;

b. Remodeling projects including additions to multiple residential, commercial or industrialbuildings and structures which propose less than five hundred (500) square feet of additionalfloor area, provided that such remodeling does not involve a change in lbe architectural styleof the building Or structure;

c. All building additions and alterations to any existing "one (I) residential dwelling," wherethere is only one (I) dwelling on a lot, and the addition or alteration does not cumulativelyexceed, within a two (2) year period, a seven hundred (700) square foot limit;

d. A new detached residential garage, or additions or alterations to a detached residential garage,provided that the garage is compatible wilb any existing dwelling(s) on lbe same lot tbroughlbe use of colors and materials, roof style and general architectural style and treatment.

e. Wireless telecommunication facilities that are integrated into a building facade or structure orhidden behind a roofparapet and not visible from the public right-of-way immediatelyadjacent to the subject property.

f. Notwithstanding lbe above, any addition or alteration in the "00" historic district overlayzone, regardless of size, which is visible from the public right of way, is not exempt fromdesign review.

4. In the ROS, RIR, and RI zones;

a. All new walls e"eept fer walls ever eiglHeen (18) inehes bigh in tbe street frent sef8aek er inthe street side setbaek iR the "H" Herse Overlay Zoee as Sfleeifies iR seetisR 30.2] .G40,fenaes eKeept fer fenees in fue strset freRt setbaek Sf iR the street side selbeek in fue "H"Herss Overlay ZORe as s~eeil-ied iR seetioR JO.21.{l lQ, fences and walls which lIUly bepermitted under Chaater 21 ofthis title. decks, patio covers, trellises, gazebos, and allmechanical equipment screening (both rooftop and ground mounted), satellite dish antennasand screening (both rooftop and ground mounted) or other similar structures that do notinclude floor area;

b. All new buildings or alterations, or additions to any existing building which propose anincrease in floor and/or garage area less lban seven hundred (700) square feet and do notpropose an additional story and/or a change to a facade directly facing a street which includesan increase in area, measured horizontally, greater than two hundred (200) square feet.Applications for building additions shall not cumulatively exceed, witbin a two (2) yearperiod, lbe seven hundred (700) square foot limit without first receiving design review boardapproval;

Page 9 of 13

c. Accessory bUildings that do not exceed five hundred (500) square feet that are compatiblewith any existing dwelling(s) on the same lot through use of colors and materials, roof styleand general architectural style and treatment;

d. A new detached residential garage, or additions or alterations to a detached residential garage,provided that the garage is compatible with any existing dwelling(s) on the same lot throughuse of colors and materials, roof style and general architectural style and treatment.

e. Notwithstanding the above, any addition or alteration in the "HD" historic district overlayzone, regardless of size, which is visible from the public right ofway, is not exempt fromdesign review.

5. Notwithstanding the above exclusions or limitations, any alteration or addition determined byplanning staffas being incompatible with the surrounding neighborhood character or withexisting buildings or structures on the lot shall obtain design review board approval. In makingtheir determination of incompatibility, staff shall consider evidence such as neighborhoodpredominance of street front setback, roof styles, use of eaves and overhangs, variation in plane(both horizontal and vertical), building location on the site, massing, scale, use ofcolors andmaterials and other architectural treatments which, if otherwise ignored, could be iujurious tosurrounding properties. The design review board and planning staff shall be guided by the intentand purpose of section 30.47,040 and shall ensure that any proposed project will not conflict withthe orderly and hannonious development of the neighborhood in which it is proposed. Neither thedesign review board, nor the planning staff, shall discourage originality in site planning,architecture, landscaping or graphic expression, or mandate anyone particular decorative style ofdevelopment.

6, Properties which are listed in the Glendale register of historic resources or the historicpreservation element.

SECTION 5. Section 30,60,040 of the Glendale Municipal code is hereby amended to read as follows:

30.60.040 - Nonconforming Buildings and Structnres

The following provisions shall be applicable to all nonconfonning bUildings and structures:

A. Any nonconforming building or structure that has been destroyed or damaged by natural disaster,accident, or fire beyond fifty (50) percent of its replacement cost, as detennined by provisions of theGlendale Building and Safety Code, loses its nonconforming status and any reconstruction mustcomply with provisions ofthis title except as provided herein. A residential building or structuredamaged beyond fifty (50) percent of its replacement cost may be rebuilt in substantially the samemamier and to the same square footage as previously existed. Where a residential building orstructure or building containing a dwelling unit is being rebuilt, only the number of required parkingspaces which were provided at the time of damage or destruction must be provided for the dwellingunit(s) if: all of the parking spaces and related driveways and turning aisles are at least as large asthose which are being replaced, and a building permit is obtained no later than two (2) years after theactual date ofdamage or destruction, and the building or structure is completed pursuant to saidpermit. Any nonconforming building or structure damaged by natural disaster, accident or fire by fifty(50) percent or less of its replacement cost, as determined by provisions of the Glendale Building andSafety Code, may be repaired,

Page 10 of 13

B. Rebuilding of any nonconfomring building or structure not damaged by natural disaster, accident orfire shall be considered voluntary reconstruction and shall comply with the following:

I. A nonconforming building or structure excluding dish antennas may be repaired as necessary forproper maintenance; and altered or repaired as necessary for safety reasons or to comply withgovernmental regulations.

2. A maximum of 50 percent of the combined area of all the exterior walls and roofof anonconfonning building or structure can be replaced or abandoned in place in any 5-year period.For purposes of this section, roof area shall be calculated as the horizontal area covering the floorarea. For purposes of this section, exterior walls are those walls or portions thereof which arecovered by or attached to a roof. If more than' 50 percent of the combined area of all the exteriorwalls and roof are replaced or VOluntarily reconstructed, then the building loses itsnonconforming status and must comply with the current zoning code, except as otherwiseprovided herein. Exterior wall siding and roof covering material, including sheathing andweatherproofing membrane, shall be allowed to be replaced subject to the Glendale Building andSafety Code as it exists or is hereafter amended and shall not be included in the 50 percentcalculation. When an enlargement of floor area occurs, the building or structure mnst complywith the provisions of chapter 30.124 of this title as it relates to parking and loading areas.

C. Buildings or structures located in an industrial zone which are used for residential purposes maycontinue as is until such time as a permitted industrial use is established on the lot, at which time thenonconfonning residential use shall be discontinued.

D. Any dish antenna for which a building permit has been issued prior to March 7, 1991 shall beremoved or brought into conformance with said sections by March 7,1996. No structural alterationshall be made thereto, unless to preserve the safety of said dish antenna, or to bring the antenna intocompliance with Section 30.34.050.

E. Time period for removal ofunlawful street front setback walls and fences.

I. All walls and fences unlawfully constructed, erected or maintained in a street front setback on orbefore October 19, 1999, excepting those which may be permitted under Chapter 21 ofthis title,shall be removed, abated or legally permitted through a variance or other legal process, on orbefore September 1,2006, or at the time of sale of the property upon which the wall or fence islocated, whichever shall first occur.

2. Notwithstanding the time period outlined in section E.I above, the following walls and fencesshall be removed immediately:

a. Those walls or fences constructed in whole or in part of chain-link, barbed wire, razor wire,fiberglass, chicken wire, or those which are deteriorated to the point or condition whichrequires reconstruction beyond regular maintenance.

b. All walls or fences in the street front setback which were unlawfully constructed or erectedafter October 19, 1999, exceming those which maY be permitted under Chapter 21 ofthistitle..

3. In the event unlawfully constructed, erected or maintained walls or fences as set forth herein arenot voluntarily removed or abated, the city may use any legal remedy available to compel the

Page 11 of 13

removal or abatement of any such wall or fence, including but not limited to criminal prosecutionpursuant to Section 1.20.0IOA ofthe Code, Or civil abatement.

F. A nonconforming structure may only be expanded in the IND, IMU, IMU-R and SFMU zones incompliance with the following provisions:

1. The total expansion shall not exceed 20 percent of the existing gross floor area;

2. The expansion is limited to one time for the full life of the structure;

3. Off-street parking for the entire area of the expansion shall be provided in full compliancewith Chapter 30.124 (Parking and Loading Area Requirements) without diminishing theexisting off-street parking provided for the existing structure; and

4. The parking lot or parking structure area required to provide the required parking shall not beincluded within the 20 percent limitation ofthe expansion area identified in Subsection (1),above.

For illustrative purposes only, the following example would comply with the expansionprovisions of this Subsection:

Existing structure: 5,000 square feetMaximum permitted structure expansion: 1,000 square feetMinimum number ofadditional off-street parking spaces required within the IND zoning district(to be provided at a ratio ofone parking space for each 500 square feet of gross floor area): 2

Adopted by the Council of the City of Glendale on the day of --', 2005.

MayorAttest

City Clerk

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

)))

SS.

Page 12 of 13

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

)

)

)

SS

I, , City Clerk of the City of Glendale, certify that the foregoing

Ordinance No. was passed by the Council of the City of Glendale,

California, by a Yote of four-fifths (4/5ths) of the members thereof, at a regular meeting held on

the day of , 2005, and that same was adopted by

the following yote:

Ayes:

Noes:

Absent:

Abstain:

City Clerk

Page 13 of13

-_.....----- Exhibit A

NUMBER ADDRESS TYPE CE ACTIVITY1309 Garden wood rail 5~year

1316 Garden white picket1321 Garde~ wood picket 5-year1329 Garden 2 masonry pilasters 5~year

1403 Garden wall 5~year

1415 Garden wood picket 5-year1419 Garden wr Iron 5~year

1425 Garden wood picket 5~year

1429 Garden wood split rail 5-year1447 Garden wood 5-year1449 Garden wood split rail212 Irving 2 brick pilasters229 Jesse wall & wr iron240 Jesse white picket241 Jesse white picket1316 Randall white picket DRB apphcation contirled

1422 Randall wr iron 5-year1426 Randall wood picket DRB appmved

1667 Rancho wood (5S holdlFS cov veal on hold207 Raymond white picket1651 Riverside wood spilt rail17D1 Riverside white picket1713 Riverside wood rail 5-year1714 Riverside white picket 5-year1720 Riverside wall legal by ZA 12-13-72

1736 RiverSide wall legal by ZA 12-13-72

1742 Riverside wall 1€8al by ZA 12-13-72

1748 Riverside wall legal by ZA 12-13-72

1752 RiverSide wall le~.fI1 by ZA '2~13-72

1757 Riverside wall variance 5549-S1801 Riverside white picket1B20 Riverside wood split rail (CE Zone) , , eXisting non-conf1850 Riverside wall Variance 2356-S1732 Stanton white picket 5-year1743 Stanton wr iron 5-year1754 Stanton white picket 5-year1820 Stanton 2 iron posts/removed fence 5-year1823 Stanton wall & wood varlance-8830-S236 Thompson wall240 Thompson wall! ch link removed 5-year "152 Western white picket153 Western ch link! wood gate206 Western wall224 Western wall226 Western wall220 Winchester wr Iron 5-year

Exhibit B

](J-J[ Municipal Cude Page 1 or j

] 7 JIl> ](£)IDf1\TIAL DISTRICTS GENERALLY

17 ,(J(, ,.'SII Fences, hed~e,\ and walJs- "Jl" ('I'erlal' dls!rlci, ,

Whell lo(s arC localed ill the "'lj" overlay dlstr;ClS, as described III ChaplCl 17.3(, Of(1J1S Gl,de, ,,(hr(;(;-rai]while !tnee shall be permltled in (he lion! yard of (he lu(s, The

fence shall be fony-(wo Illches 111 heIght measured ill the top oflhe rail and shall consist Drlhree whitewooclen rail,1 whic]] are vcrlleally s]1i1ced nine inches aparl anel V.'hlCh are sUPPolied by while wDodenpOSb, horiwnlally sJlaced nine feel six 1I1ches on cemer, (Sec Figure 17,06,350,) (Prior code ~ ] S26 ('I))

figure 17,06.350

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EXHIBITC

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LETTER OF REQUESTAs the owne r of the propertyGiendale CA 91201, this is to

at ~ (address)

request elty stafi and the city council to:(sll'eet)

004

Initiate a change in the Horse Overlay Amendment of the city's fence ordinancethat reconsiders the 5' setback required for fences (GMC 30.11.070A), so that itwould permit a fence to be as close as the property line when the distancebetween the curb and fence would be at least 5' to allow for parked car doors,landscaping, etc. This would correct what was an oversight when councilconsidered the front yard fence needs of this small, unique, semi-I-uralequestrian area in 2001, whereby the implications were not adequatelyassessed of the requirement to move fences that are already often 10' to 12'from the curb, and often have no sidewalks and none planned. Further, thisrequests that staff be directed to hold any code enforcement until this matleris resolved by further consideration of Council. This change would take intoconsideration that:

>tl1ere are sl1ort, shallow front yards due to back yards accommodating l10rse facilities, so mOVing frontfences back results in a mid-yard locafion that is unaestl1etic and impractical. In tile case of GardenStreet, lor example, file move would result in 1T tram fence to curb exposed to public park impacts

>Garden Street and Rancl10 Avenue, both on the Los Angeles boundary line, are across from an L_ A.­owned public park, i.e., parK users and cars, crowds, sports events, off-leash roaming dogs, a bridlepatl1, palk maintenance vel1icles, and a dead-end at Paula Avenue that is frequented by unsavory types,iliegally-parked large vehicles,' lover's lane visitors, I)omeless, and utility trLlcks--and abuts a largea?artment complex at 400 Paula Avenue. Rancho Avenue is Impacted by tile above (except for theapartments) and, In addition, L A Equestrian Center and Easter Field public events and vehicles

>relocating tences and walls entails tearing out established landscaping, shrubbery, trees, andsprinkler systems, With commensurate costs to do so

>neighbors with and without fences have no objections to neighbors' fences nor their locations

>residents are largely 101'1'- to modest-income, retired, fixed-income, and to spend tl10usands to movefences 5' borders on the negative aspecfs of bureaucracy, given that owners prefer to abide by the laws,and understand tl1at fences must comply wltl1 other rules re l1eight and materials

>Design Review Board 1 agreed unanimously at a Horse Overlay fence hearing on Oct. 14,2004, (1­3605-A) that the 5' rule applied in the H Overlay is inappropriate and unaesthetic because theexisting lence IDeations are appropriate in their current form, and that relocating would cause unduehardsl1ip s'lnce there are no sidewalks. ThiS meeting was allended by Planning Administrator ElaineWilkerson and City Engineer Lou LeBlanc

>tl1e OPTION of Street Vacation of the PUbiic Rigl1t of Way lacllitated by recent and ongoing CityEngineer surveys and findings to enable this where there are unnecessarily-wide right ot ways, thereare no sidewalks (and none planned), and tl1ere are no impacts on city utilities and trees.

Signature Print Name Date

EXHIBITD

LEDER OF REQUEST SIGNATORIES - GLENDALE RANCHO HORSE OVERLAY

1. Renee Parry & Joson Coombs 1309 Gorder, St2. Willilam Brite MD 1311 Garden St3 Tina Treadwell 1321 Garden St4, KatltY Charles 1329 Gorden St5, Robert & Jennifer Garant 1403 Garden Sf6. Robert A Butts 1409 Garden St7 Joanne Hedge 1415 Gorden st8. Maureen J Walsh 1419 Gorden St9 Edward Levin 1Ll25 Garden St10, Gregory & Louise Walsh 1429 Garden St11, Mr & Mrs LaMar Price 1433 Garden St12 Lois L Metcalf 1435 Gorden St13 Lois Metcalf 1439 Gorden Sti 4 Kevin Brody 1447 Garoen St15. Liese I Antkoviak 1303 Randall St16, L,ldio Ray 1306 Randall St17, Alison Dyer 1316 Randall St18. Shirley Madden 1414 Randall St19, lv1r & Mrs Richard Silva 1422 Randall St20, Ingolf & Joan Klengler 1426 Randall St21, Mr & Mrs Christoprler Halsted 1430 Randall Sf22 John M Hogan 1434 Randall St23 I\~r & Mrs James G McLoughlin 1318 Fairfield St24. Be:-te Carpenter 1533 Rancho .twe25, Barbara H Minnick 1541 Rancho Ave26, Megan Wong 1545 Rancho Ave27, Eiizabeth Radley 1615 Rancho Ave28 Carolyn May West 1621 Rancho Ave29 Dr James E Gernert 1625 Rancho Ave30, William J Meshover 1641 Rancho Ave31, Koren Bu11er 1667 Rancho Ave32, Joy McQuoid 1717 Stanton Way33, Greg Gaglio 1720 Stanton Way34, P FBecker 1724 Stanton Way35 Greg & Elizabeth Heschong 1725 Stanton Way36, Lisa Martin 1728 Stanton Way37. Carol & Ed Anderson 1732 Stanton \",Iay38, RClaire Baker 1748 Stanton Way39. Bill Hardin 1751 Stanton Way40 Jeff Raymond 1754 Stanton Way41, Mara Boyguiova 1755 Stanton Way42 Preston LeWIS 1800 Stanton Way43, PaUl Mormonstein 1804 Stanton Way44. Lisa Joyce 1812 Stanton Way45, Timothy Guion 207 Raymond Ave

46. Julie Gile 211 Raymond AveLl7. Jeanette Cimino 214 Raymond AveLl8. Beth 1'v1iller 220 RoVmond AveLl9. Kristina Kell 223 Raymond Ave50. Diona L Court 228 Raymond Ave51. Christopher J Smith 231 Raymond Ave52. Rhonda Kess 21Ll Thompson Ave53. Charles R Myers 218 Thompson Ave5Ll. Danielle Rayne Schultz 222 Thompson Ave55. Katherine Beaman 23Ll Thompson Ave56. Larry Thigpell 236 Thompson Ave57 Tracy M Smith 240 Thompson Ave58. Virginia & Sam Kasim 236 Jesse Ave59. T Bateman 240 Jesse Ave60. Jean Rasmussen 236 Irving Ave61. Tracy Smith 240 irving Ave62. Benjamin Corona 167 Western Ave63. Lee Dorgan 206 Western Ave6L1. Scott fill Schull 209 Western Ave65. Daniel Kupresan & Cameron Brown 226 Western Ave66. Lindo SWest 1651 Riverside Dr67 Woodrow & Sandra Wise 1714 Riverside Dr68. Luisa M Davis 1717 Riverside Dr69. Doris Goguen 1721 Riverside Dr70. Mary Cordea 1731 Riverside Dr

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Citrof Glsl'ldoleb13 E BroadwayGlendale CA 91206fI,tt" :Doris Twedt Ciiy ClerkJames Starl)lrd, City 1'.'larID'JerDob Yousefia~l, I\AavorDave Weaver, CouncilrT1DnRafllvlanClukion. CouncilmanFrank Quintero, CourlcilmanGus Gomez, CouncilmDn

.vEloine Wilkerson, Pianning DirectorLou LeBlanc, Cltv EngineerSDm Engel, l'leighborhood Services Administrator

Re: Horse-Overlay Zone property owners' request to initiate change inGivlC 30 11 ,07o(A) and 30.21 ,040 (E)

..~

024

Owners of residential properties in the Horse Overlay Zone of the Rancrlodistrict of the Citv of Glendale respectfully request tha1 the citv counciland stoff Inillate a change in the amendment to the code that currentlyreqUires front yard fences to be five teet back tram the property line.Further, thev reouest that staff be directed to hold code enforcement untilthe matter is reSOlved. Thank you in advance for your kind consideration,

Included With this cover letter are tile following documents for yDuredification and background:

1. Sample copy of Notice of Violation that 'IS issued to property owners2, GMC document re H-Overloy Zone sent out with the ['Jotice3. Variance Procedure & Compliance Procedure Handout(s) sent out

with the Notice4. Copv of the Letter of Request signed by 70 owners in the H-Overloy5 f., list of the signotolies of the Letter of Request (originals to City Clerk)6. A pOliion of the city zoning map showing the H-Overlay area7. A photo album of H-Overlay I,omes WiTh/without fences and sidewalks.

Trle Letter of Request liSTS factors that substantiate the request Signatoriesinclude owners of both fenced and unfenced properties who ore equa!!ysupportive of the mecits of the requested chorlge as they reiate toequestrian property features and values. vis a vis reasonabie enjoyment oftheir property and future sale of same. There are Virtually no Ranchoresidents wrlo object to eXisting non-compliant fence locations ofotherwise-well m::lInioined fences, walls. and lamppost pilasters.

It Is believed that when the amendment was passed in 200 i, there was onoversight in VJI,ich the implications were not adequately assessed of trlereauirement to move fences which ore (0) already 10 to 12 feet trom thecurb. or (b) abut the few sidewalks in this zone where no further sidewalksare planned and where porkwa'is are oIread,! ample.

EXHIBITF

Thi" is compounded bV 1I-le iacl thal 1hese eque,,lrian :::Jroperiies Ilavesholloll\/ fron1 vards so thai mO\Jlf1Qfences even further I)ack trornH18J29r~way places fhem ill on unaesthetiC and impractical locationRancho 1ences have Ilistoricollv beerl localed on or near irle fronlQroperty lines at tnese small iront yards, s1i1lleavinq ample to010ge alongcurl,s for the convenience of [.larked cars, city utilil"les, alld so on. H­Overlav fronJ Vords musi compensate jar l::Jackyords given over to 1-\o[S8­

keeping, Currently, front yard fences align, which IS pleosillg.

ImporlantlY, moving 1I-le fences would reqUire demolishinp or uprootingesio[Jlished landscaping, rerouting spnnkler systems, 9nd reconstructingwolkways--ai considerable expense--which would seem to contradic1 thesOlrit of f,'l8 omencJment ollowir~ f00ront'Lmd fences in the H~OverloY:--

RandlO res':denis stoned receiving Notices in la1e September 2004 (seesomple), Nole ihat ii does not specifically address the H-Overlay, but ist!le general one seni to all Glendale fence owners, Thus, it is misleadingTile Notice contoined enclosures (listed above), including the \JorianceProcedure Handout which is largely :napplicable re the options avoilobleto I+Overlay owners, and is therefore confusing, It is also distressingbecause variances ore expensive and offer no gUOTonlees, It wasbeiieved that the amendment would eliminate the need for a variance tokeep or erect a fence in the H-Overlay.

Ivluch time was dBdlcated to research t'le options, speak with stofi.communicate with owners, survey am:! phoiograph properties, andinterface with Neighborhood Services to heip correct its violation lists.Credit goes 10 1~le pa1ient assistance of El::Jine Wilkerson, Lou LeBlanc,Suzona Delis, Howard I\~alis, Sam engel, and the members of DesignKeview Board 1 in advising and gu'lding trle eft:>rt to find legal soiutions,

At one point, Garden Street owners considered "stree1 vocation<' as anoption, to gain back the footage trom its 12-foo1 parkway, which wouldrender its fences "legal", That OptlO:! was ab·:;J:J,doned when a surveyshowed that the Los An';Jeles bound:Jry line that l::Jegins mid-street In the1300 block, jumps the curb at Davis street a;Jd runs through the parkwayin tr,8 1400 block, Mr. LeBlanc advised tllOI re=1uesting voca1ion ofparkway from Los Angeles would be next to Impossible, However, hesuggested that it might be a practical solution for other streets Ilaving nosidewalks Mr. Engel suggested considerotion oj a Special SetbackOrdinance, but sobellno details from IVlr. I\~alis rendered that ideacompletely out of finon'[;ial reach, .

You will recall that botn Gorden Street ana Rancho i\venue face a Los.Anpeles pUblic pork and that a barrier betv:een tront yards and the park'srnr,erent impacts is nighly desirable, It is beileved that givino up five morefeet to the public, resulting in up to 17 teet exposed to pork users,maintenance crews, etcetera, by movlnq 0 fence in is counterproductivei'i terms of security. Owners of unfellced properties on those streets, moreso on Rancho Avenue, have been reluctorJ to erect new fences withoutmore input re where to locate them. The issucJnce of Notices of \/iolationset I:J motion a need to resolve thiS matter throughout 1he !-i-Overlay ZOlle.

025

T1le huge apartment complex on Poulo Avenue !oetvJeen Garden andFairfield stree1s, as well os ihe Los Angeles River, freewoy interchange, andlarRl adrnirlis1ered by the Army Corps of Engineers, impoct Gorden SheetEvents aild traffic at the Los Angeles Equestrion Center and Easter Field,os well os the ~lom8le5s, impact Ranel-lO Avenue, Owners believe thatfront yard fences locaied on property lines serve a worthy purpose andthat eXisting fences should be allowed 10 remain where ti-ley ore,

Recently, 1wo owners of picket fences on Randoll Street received Noticesgiving 30 doys io "remedy", They opposed haVing 10 move lheir fences,lou1 nonetl-Ieless followed procedure, paid fees, prepared documents,and appeared 01 Design ReView Boord 1. A concerned neighlJor and Iatlended the event re owner Dyer (Case No. 1-3605-/\ re 1316 Randall) atwhich DRB members unanimously agreed thal having to move the fencebock five feet was inappropriate, given that it faced a 10-fooi parkwaywith no sidewalk. Wilkerson and LeBlanc atlended thai October 14meeting. Tile owner reported i'hat she hod spent nearly S1500 in filingfees, documentation, and professional services--before the future cosis tomove 1he fence, remove a fig tree, and alter the sprinkler system.

The other Randall Street owner, the Klenglers of 1426, purchased theirfenced home unaware that the picket erected after 1999 wos illegal.They IA/ould prefer not to move it bock, but having no recourse, followedprocedure, and pion to comply once conflicting information they havereceived involVing vJhether they need a permit or not. is resolved Theirfence also faces 0 10-foot parkway, and aligns with a wrought iron fencene>:t door that wos erected before 1999, and was aiso notified.

With ali due appreciation for the 2001 H-Overlay Amendment allowingfront yord fences, these cases highiiaht some of the implicaiions for otherowners haVing or wonting tences in the zone, compounded by theservices reqUired of city siaft and the DRB for what ore "structures" for lesscomplex than home remodels and additions,

Therefore, re H-Overlay code enforcement. it might be worthy to considercus10mizing and streamlining the process, and adjusting the noticelonguoge, procedures, and fees so that they ore more equitable and lessonerous, relative to this modest western pocket of Glendale. (Theenclosed mop, which is a small portion of the entire city, demonstrates therelative s:l1allness and isolation of this semi-rural area.)

Thank you for your consideration in helping to make Giendale at once amore "user-friendly" ~n~dattractive city. We appreciate all that you do.

Joanne Hedge // " :.cPresident / / /0---c::Glendale Rancf,c/HomeovJners ASSociation1415 Gorden ~tree1Glendale CA 91201(818) 244-0110Hedoe[Jraphlcs@eorthlink.net

Cc: G R H A

020

](1.64.0/'0 Ollstruetinns 10 visillilii)' at intcrscctions.

A. Generally. .No pcrson oWllln,g or 111 possession ofreal property located at aoy comerflllllled by intersecting streets shall install, set out, maintain, permit or allow theinstallation, setting out, maintenance or existence of any hedge, shruhbery, naturalg1'Owtb or other obstruction to view w1thin that t1iangular area between the property linesadjacent to the comer and a diagonal line joining points on the property lines twenty-fivefee.l from the point of their intersechon, 01' in the case of rounded corners, the areabetween the tangents to the curve and a diagonal line joining points on such tangentstwenty-five feet hom their point of intersection, whell to do so would prevent or interferewith a driver of a vehicle approaching the intersection on one street seeing a vehicleapproaching the intersection on another street.

B. Exceptions. The provisions of suhsection A of this section shall not apply to publicutility poles; trees trimmed to the trunk so that only the trunk obstructs the view; saplingsor plant species of open h~'ov,cth habits and not planted in the foml of a hedge, which areso planted and trimmed as to lcave at all sea,ons a clcar and unobstructed crossview; andpermanent buildings. .

C. Remedies. 1n addition to the remedy by prosccution for violation ofthis section, anyobstruction maintained in violation of tills section shall be deemed a nuisance, and uponfailure to ahate the same within twenty days after the posting upon the premises of noticeto abate the nuisance, si[,'Tled by the director of public works or the director's authorizedrepre.sentative, the director of public works or the director's authorized representative mayenter Up011 the premises and remove or eliminate the obstruction. In such event the cost tothe city ofthe abatement oftlie nuisance shall be a personal obligation against the ownerof the premises upon which the nuisance was maintained, recoverable by the city in an

action before any court of competent jmisdiction.

D. Scope. No obstruction to croSS-visibility shaH be deemed to be excepted from theappli cation of this section because of its bcing in existence at the time of the adoption1,creof, unless expressly exempted hy the terms ofthis section. (Prior code § 27-29)

lO,64.070 Removal of shrubbery ohstr'ucting view of intersection.

\Vhcl1cver the director of ]Jublic works finds that any hedge, shrubbery or trce growing ina parkway obstructs the view of any imersection, or of any traffic U]J011 the streetsapproaching such intersection, the director of publi c works shall cause the hedge,shrubbery or tree tD be immediately removed or reduced in lleight. (Prior code § 27-30)

EXHIBITG

027

12J14.11211 Trees. plants or shrubs affecting pedestrians and traffic.

A. In ac1d]tlOn to the requirements set forth in section 10.64.060 of this code Tegardingvisibility at intersections, every owner, occupant or person haVing the control or care of,illY lot or premises In the city shall be required to trim orprune, any privately-ownedtree, bush or shrub upon such premises or upon th e slde\\'alk, street or alley adJ acent tosuch premises, the branches ofwhic11 are dead. liable to fall. dangerous or interfere withOJ obstruct persons or vehicles passing along or accessing any public curb, sidewalk,street or alley. Whenever any privately-owned trees, plants or shrubs mterfere with 01'

obstruct persons passing along any public street or allcy. it is unlawful for the owner orperson having charge or clmtrol of the premiscs upon or in lionl of which such trees,shrubs, bushes or hedges are ,,'rowing, to fail or refusc to trim the same within five (5)days after service of notice by the director of public worh or his or her dcsib'11Ce to do so.

B. The minimum clearance of any obstructing or ovcrhanb~ngportion of privately-ownedtrecs or shrubs shall not be less than seven (7) feet over side-walks and fourteen (14) feetover all streets or alleys except arterial strcets or truck thoroughfares which shall have aclearance of not less than fifteen (15) feel.

C. The director ofpublic works, or his or her desib'TIee, shall inspect and may cut down orremove any privately-owned trees, plants or shrubs which may overhang or project intoany sidewalk. street 01' alley to detemline Whether any orthe same or any part thereof aredead, liable to fall, dangerous, or an obstruction 10 puhlic travel or access to areas open topublic travel.

D. Except in cases of manifest public danger 01' Immediate necessity, the director ofpublic works shall mail to the owner, occupant or person having the control or care ofany lot or premises, a len (10) day notice of thc dlfector's intention to cut down or r"movea tree, plant or shrub under this section. Such owner, occupant or person having thecontrol or care of any lot or premises may appealthc director's decision within five (5)days from the date of such notice. Such appealmll't be made in writing tn the directorobjecting to such cutting down or removal and the rceson, why tbe director should nottake such action. Upon reccipt of such appeaL the director ofpubJic works shall give theappel1ant a reasonable oppDrtunity to be hcard in suppDn of such obj eetion. The director'sdecision shall bc made in writing to thc appellant and "hall be final. In cases of manifestpublic danger or lInmediate necessity, the director ofpuhllC works may immediately cutdown or remove such tree. shrub or plant wHhout notice to the property owner oroccupant. lOrd. 5385 § 4, 2004: pnor code § ::6-::)

028

G. CHANGE OF ZONE NO. 2005-07

LOCATION:

Projectdescription:

Applicant:

Recorrunendation:

HORSE OVERLAY ZONES

An amendment to the zoning code regardingfences and walls in the horse overlay zones.

City of Glendale

That the Planning Commission adopt a motionrecommending that the City Council adopt theproposed ordinance.

STAFF & APPLICANT

Staff Member, Tim Fay, Senior Planner, stated that in 2001 the Citycouncil adopted Ordinance 5288 allowing fences and walls in frontand street side yards in the "H-OVERLAY" Horse Overlay zone only,and enacting the rules that are currently in the Zoning Code. In2004, the city council directed staff to review the regulationsconcerning fences and walls in the Horse overlay Zone. There are anumber of unique circumstances that warrant this review, includingthe permitted use of stables in the back yards, some propertiesfacing a public park in Los Angeles, and, in places, a pUblicright-of-way that extends far beyond the curb line.

Mr. Fay gave a PowerPoint presentation regarding fences and walls inthe Horse overlay Zone. The following items were reviewed:

Current RegulationsEXisting ConditionsHistory of Codes and EnforcementProposal for new fences and wallsOptions for new fences and wallsProposal for existing walls and fencesOptions for existing walls and fences

Existing RegUlationsMr. Fay reviewed the existing regulations for fences andwithin the street front setback and street side setback.

wallsThey are:

l)No fence or wall located within the street front setback shall becloser than five (5) feet to any property line abutting a street andshall not exceed a height at any point, of three and one half (3~)

feet or forty-two (42) inches.2)No fence or wall shall be electrically charged or made of anysharp-edged materials, barbed wire, razor wire, chicken wire, chainlink, fiber glass, plain smooth block, painted block or light­colored painted wrought iron.3)Landscaping shall be provided between a fence or wall and theproperty line abutting a street to the satisfaction of the DesignReview Board.

\iJ 142005pc mln~ 35 EXHIBITH

Mr. Foy stated that the Horse Overlay Zone is the only residentialare~in the city in which stables, and corrals are permitted. It hasbeen suggested that this encourages greater use of the front yardsthan is the norm.

New RecommendationsMr. Foy stated that for new walls and fences, staff proposes keepingexisting regulations with two changes:

• The mandatory setback should be at least five (5) feet from thecurb, instead of five feet from the front property line (althoughstill on private property); and

• New walls and fences could be approved over the counter, insteadof going to Design Review Board if they meet the design criteria- no higher than 42 inches, no electrically charged or made ofany sharp-edged materials, barbed wire, razor wire, chicken wire,chain link, fiber glass, plain smooth block, painted block orlight-colored painted wrought iron.

Mr. Fay stated that the Commission could consider the followingoptions for regulating new fences. They are:

- Continue Design Review approval.Restrict materials to ueguestrian style" fencing of timbertails and/or wood picket.Expand allowable materials to include light-colored paintedwrought iron.Continue setback at 5 feet from property line, regardless ofcurb location.Allow fences closer than 5 feet back from the property lineonly when adjacent LOs Angeles parks.

Mr. Foy stated that staff proposes the following regulations forexisting walls and fences:

• Legalize fences if:They meet eXisting regulations on materials or

are made of light-colored wrought iron; andThey are no more than 60 inches high; andThey are at least 5 feet from the curb .

• Fences could be legalized by obtaining a building permit.Design Review Board approval would not be necessary.

Mr. Foy stated that the Commission may consider the following optionsfor legalizing existing walls and fences:

Existing fences should meet Code requirements on materials inorder to be legalized

Existing fences may exceed Code requirements on height and belegalized

o:t 14?005pc mins 36

031Mr. Foy stated that the Planning Division staff recommends that thePlanning Commission recommend that the City Council adopt the ZoningChange 2005-07 regarding fences and walls in the Horse Overlay Zone.

WRITTEN COMMUNICATIONJoanne Hedge, President Glendale Rancho Homeowners Assoc., 1415

Garden St., Glendale, CA 91201

SPEAKING AT THE HEARINGIN FAVOR:IN OPPOSITION:

No one.No one.

INTERESTED PARTYJoanne Hedge, President Glendale Rancho Homeowners Assoc., 1415

Garden Street, Glendale, CA 91201, stated that the City shouldinitiate a change in the amendment to the code that currentlyrequires front yard fences to be five feet back from the propertyline. Staff be directed to hold code enforcement until the matteris resolved. It is believed that when the amendment was passed in2001, there was an oversight in Which the implications were notadequately assessed of the requirement to move fences which are:a)already 10 to 12 feet from the curb, orb)abut the few sidewalks in this zone where no further sidewalksare planned and where parkways are already ample.

Paul Sussman, 1844 W. Mountain Street, Glendale, CA 91201,stated that moving fences would require demoliShing or uprootingestablished landscaping, rerouting sprinkler systems, andreconstructing walkways - at considerable expense (approximately$7,500 per house). It was believed that the amendment wouldeliminate the need for a variance to keep a fence in the H-Overlayzone. He suggested that the code should allow for some fences tobe grandfathered.

Ingolf Klengler, 1426 Randall Street, Glendale, CA 91201,stated that there are short, shallow front yards due to back yardsaccommodating horse facilities, so moving front fences backresults in a mid-yard location is unaesthetic and impractical.Relocating fences and walls entails tearing out establishedlandscaping, shrubbery, trees, and sprinkler systems, which isvery costly.

DISCUSSION BY COMMISSIONERSupon questioning by the commissioners, Mr. Foy informed them that,

-- The Planning Division will check height compliance as part of apermit processing review for a building pe~~it.

-- Regulations about height and materials have been in the ZoningCode since fences and walls were first permitted in the HorseOverlay Zone.

0.1 I 42005pc mill." 37

-- Approximately 200-250 properties will be affected in the Ranchoarea-:

The Commissioners recommended the following options for new fencesand walls:

» Allow fences and walls at property line, if they are at leastfive feet from the curb.

Y Limit height to forty-two (42) inches.r Allow light colored wrought iron.Y Discontinue Design Review Board approval.

The Commissioners recommended the following options for existingfences and walls:

Y Allow fences and walls at property line, if they are at leastfive feet from the curb.

>- Limit height to forty-eight (48) inches.> Legalize fences only if they meet existing regulations on

materials, or are made of light-colored wrought iron.> No Design Review Board approval.>- Landscape rules will apply.

Discussion ensued on the materials to be used for fences and walls.Commissioners suggested that a mix use of materials is favorable.They suggested that a mix of brick and iron be allowed.

Discussion ensued on "grandfathering" eXisting fences.

Commissioners discussed the project and made a motion.

MOTIONMoved by Commissioner Torgerson, and seconded by CommissionerGero, that upon consideration of a proposed ordinance relating tozoning Change 2005-007 the Planning Commission hereby recommendsthat the City Council adopt the proposed additions and amendmentsto Title 30 of the Glendale Municipal Code, 1995, concerningfences and walls in street front and street side setback areas inthe Horse overlay Zone.

The Commissioners recommended the following options for new fencesand walls:

>- Allow fences and walls at property line, if they are at leastfive feet form the curb.

> Limit height to forty-two (42) inches.> Allow light colored wrought iron.> Discontinue Design Review Board approval.

The Commissioners recommended the following options for existingfences and walls:

> Allow fences and walls at property line, if they are at leastfive feet form the curb.

> Limit height to forty-eight (48) inches.> Legalize fences only if they meet existing regulations on

materials, or are made of light-colored wrought iron.U3142.0{)5pc. minS 38

'y No Design Review Board approval.'y-Landscape rules will apply.

VOTEAyes:Noes:Absent:Abstain:

{JJ 14200Sp.s mins

Gero, Kane, Torgerson, ManoukianNoneRamirezNone

39