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Ordinance No. 293 ORDINANCE NO. 293 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, CHAPTER 16.02 GENERAL PROVISIONS AND DEFINITIONS TO REVISE THE DEFINITION FOR "HEDGE"; AND CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO CHAIN- LINK AND BARBED WIRE FENCING AND FINDING DEVELOPMENT CODE AMENDMENT 15DCA03 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. Staff received a request to review and clarify the current Development Code Section 16.02.200 - "H" definitions and illustrations provisions regarding the definition of hedges. b. As part of the review of hedges, staff examined language in Section 16.06.20 - Fences, walls, and hedges of the Development Code, which limits the heights of hedges in front, side and rear yards to the same standards as fences and walls. c. As part of the review of Development Code Section 16.06.120 - Fences, walls, and hedges, staff also sought to clarify current provisions regarding chain-link fencing and barbed wire fencing. d. Currently, the Development Code does not regulate chain-link fencing, and Development Code sections 16.06.120 and 16.10.050 prohibit barbed wire fencing. e. However, chain-link is currently used in many areas of the City for interior fencing around storage areas, pools, utility structures and other areas; and barbed wire is currently used in the City to restrict cattle movement and provide security fencing at utility structures or other nonresidential facilities. f. This ordinance is intended to clarify the definition of hedges and to allow for chain-link and barbed wire fencing under limited circumstances that are beneficial to the community. Page 1 of 8 g. On June 2, 2015, the Planning Commission held a public hearing to receive oral and documentary evidence from staff and the public, regarding the proposed amendment to the Development Code. Two members of the public spoke •on hedges with one resident stating that there should be no restriction on hedge height and the other requesting clarification on the proposed amendment. The Commissioners discussed the number of existing residences that may be out of compliance with the existing code height limit on hedges and directed staff to revisit the proposed code change to instead eliminate the height limit on hedges in side and rear yards, but to keep the existing height limit of 4 feet in front yards. The Commission also expressed concern that the proposed prohibition of chain-link fencing in front and street facing yards could be a burden on existing property owners that already have chain-link fencing. The Commission directed staff to add language to the code to provide that existing chain-link fences will be legal as legal non-conforming. The Commission concurred with the proposed code amendment to continue to prohibit barbed wire, while adding an exception for Agriculture Ranch or Open Space areas when required to restrict cattle movement, and where required for utilities or other public facilities to provide security. h. Staff subsequently revised the proposed amendment to the Development Code regarding fences, walls and hedges to incorporate Planning Commission comments. i. On July 21, 2015, the Planning Commission held a public hearing to receive oral and documentary evidence from the public, regarding the proposed amendments. By unanimous vote, 4-0-1 (Commissioner Bristow was absent), the Planning Commission adopted a resolution recommending to the City Council the approval of Development Code Amendment 15DCA03 to amend the provisions addressing hedges and chain-link and barbed wire fences and recommending that the City Council find the Development Code Amendment exempt from the provisions of the California Environmental Quality Act. j. A duly noticed public hearing before the City Council was conducted on August 11, 2015, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. At that meeting, the Council took testimony from one resident opposing and one resident supporting the proposed elimination of the height limit on hedges in the side and rear yards. The Council considered the issue and voted to introduce Development Code Amendment 15DCA03 as recommended by the Planning Commission, with the exception of the elimination of the height limit for hedges in the side and rear yards, which Council determined should remain at six feet consistent with the existing Municipal Code provisions. Page 2of8 SECTION 2. The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because it modifies development standards relative to hedges and fencing which does not involve the construction of new buildings or structures and does not have the potential to cause a significant effect on the environment. Consequently, the proposed amendments to the Development Code relative to hedges and fencing are categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §15061.b.3. SECTION 3. As required under Government Code § 65860, the Chino Hills Development Code amendments proposed in Development Code Amendment No. 15DCA03 are consistent with the Chino Hills General Plan as follows: a. The proposed amendment to the Chino Hills Development Code conforms to General Plan Goal LU-4, Provide for Excellence in Urban Design; Policy LU-4.1, Promote high quality development; and Action LU-4.1.1, Continually monitor and amend, as necessary, the design guidelines for all types of development. The proposed amendment clarifies the definition of hedges and regulates chain-link and barbed wire fencing to maintain the high quality appearance of properties within the Chino Hills community. SECTION 4. In accordance with Chino Hills Development Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the General Plan. FACT: As stated in Section 3, above, the proposed amendment to the Chino Hills Development Code conforms to General Plan Goal LU-4, Provide for Excellence in Urban Design; Policy LU-4.1, Promote high quality development; and Action LU-4.1.1, Continually monitor and amend, as necessary, the design guidelines for all types of development. The proposed amendment clarifies the definition of hedges and regulates chain-link and barbed wire fencing to maintain the high quality appearance of properties within the Chino Hills community. b. FINDING: That the proposed Development Code Amendment will not adversely affect surrounding properties. FACT: The proposed amendment clarifies the definition of hedges and regulates chain-link and barbed wire fencing to maintain the high quality appearance of properties within the Chino Hills community. Page 3 of 8 SECTION 5. The Chino Hills Development Code § 16.02.200 – "H" definitions and illustrations is amended to revise the definition of"hedge" to read as follows: ""Hedge" means a boundary or barrier of plant material formed by a dense row of vegetation that encloses, divides or protects an area." SECTION 6. The Chino Hills Development Code § 16.06.120.A is amended to read as follows: "A. The maximum height of all fences, walls, and hedges for all zoning districts in the city is as follows: 1. Single-family residential zones and single-family residential uses in the PD district: a. Required front yard—Four feet maximum. b. Required sides and rear yard—Six feet maximum. 2. Multi-family residential zones and multi-family residential uses in PD district: a. Required front yard— Four feet maximum, except that, notwithstanding the foregoing, a six-foot maximum is permitted on condition that the portion of the fence or wall projecting above three feet, excluding pilasters, shall be an open material (e.g. tubular steel) or transparent material (e.g. acrylic). b. Required sides and rear yard—Six feet maximum. 3. Non-residential Zoning Districts and non-residential uses in the PD district: a. Required front yard—Four feet maximum. b. Required sides and rear yard—Nine feet maximum. The overall height of the wall or fence shall be measured from the highest point of the wall or fence to the lowest adjacent grade. (For further requirements regarding retaining and crib walls and height within required front yard, see subsections B and C of this section.) All walls and fences shall complement the architectural style of the development • within which they are located. All walls and fences shall be designed to be decorative, including architectural embellishments, whenever visible from any street and/or from common areas within a development. All walls and fences shall be constructed of durable materials such as masonry, masonry combination, stone, brick, concrete, wrought iron (tubular steel), or Page 4 of 8 other type of material as may be approved by the Planning Commission or the Community Development Director for durability, aesthetics, and sound attenuation purposes. No wood fencing shall be permitted; this provision prohibiting the use of wood fencing is not applicable to fencing used as part of multi-purpose trails or existing wood fencing that is part of a common fence between existing neighbors. No chain-link fencing is permitted in front or street facing side or rear yards, except that chain-link fencing that was installed prior to November 24 , 2015, shall be considered legal non-conforming structures. No barbed wire, razor ribbon, or other similar material shall be permitted as a wall or fencing material, except in undeveloped Agriculture Ranch or Open Space areas as required to restrict cattle movement, or on utilities or other public facilities required to provide security." SECTION 7. The Chino Hills Development Code § 16.10.050.B.2.a.vi is amended to read as follows: "Enhanced Treatment of Walls. The walls constructed within a single-family detached residential development shall reflect quality and shall complement the architectural style of the development within which they are located. The materials of the walls shall be such that they are permanent. Decorative walls (i.e., masonry) shall be provided at the edges of the single-family detached residential development and along the streets. Such walls are to include architectural embellishments, whenever the walls are visible from any street and/or common areas within a development. All walls and fences shall be constructed of durable materials such as masonry, masonry combination, stone, brick, concrete, wrought iron (tubular steel), or other type of material as may be approved by the Planning Commission or the Community Development Director for durability, aesthetics, and sound attenuation purposes. No wood fencing shall be permitted; this prohibition against wood fencing is not applicable to fencing used as part of multi-purpose trails. No chain-link fencing is permitted in front or street facing side or rear yards, except that chain-link fencing that was installed prior to November 24 , 2015, shall be considered legal non-conforming structures. No barbed wire, razor ribbon, or other similar temporary material shall be permitted as a wall and/or fencing material, except in undeveloped Agriculture Ranch or Open Space areas as required to restrict cattle movement, or on utilities or other public facilities required to provide security. The setbacks of the walls in a single- family detached residential development shall be varied, especially when they are located adjacent to major streets (arterials/collector streets), in order to increase visual interest." Page 5 of 8 SECTION 8. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 9. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 11. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. SECTION 12. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provisions or other city ordinances to remain in full force and effect for all purposes. SECTION 13. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 6 of 8 SECTION 14. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this 24th day of November , 2015. CYNTHIS/MORAN, MAYOR ATTEST: fd CHERYL BALZ, CITY CLERK APPROVED AS TO FFOO�RM: MARK D. HENSLEY, CITY ATTORNEY' Page 7 of 8 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 293 was duly introduced at a regular meeting held November 10, 2015; and adopted at a regular meeting of the City Council held on the 24th day of November, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM NOES: COUNCIL MEMBERS: MARQUEZ, ROGERS ABSENT: COUNCIL MEMBERS: NONE at CHERYL BALZ, CITY CLERK/ (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 293 duly passed and adopted by the Chino Hills City Council at their regular meeting held on November 24, 2015 and that Summaries of the Ordinance were published on November 14, 2015 and December 5, 2015 in the Chino Hills Champion newspaper. tEi 1 ara CHERYL BALZ, CITY CLERK (SEAL) 8 of 8 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) Cheryl Balz, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 293, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, CHAPTER 16.02 GENERAL PROVISIONS AND DEFINITIONS TO REVISE THE DEFINITION FOR "HEDGE"; AND CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO CHAIN-LINK AND BARBED WIRE FENCING AND FINDING DEVELOPMENT CODE AMENDMENT 15DCA03 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 24th day of November, 2015. triela Or CHERYL BALZ, CITY CLERK (SEAL) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino I am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: December 5 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 5th day of December 1 ' Signature Lorraine Morales , DEC 17 M5 ACCOUNTS PAYABLE Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Stamp PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 293 NOTICE IS HEREBY GIVEN that on November 24, 2015, the City Council of the City of Chino Hills adopted Ordinance No. 293 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, CHAPTER 16.02 GENERAL PROVISIONS AND DEFINITIONS TO REVISE THE DEFINITION FOR "HEDGE% AND CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO CHAIN- LINK AND BARBED WIRE FENCING AND FINDING DEVELOPMENT CODE AMENDMENT 15DCA03 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Ordinance amends Title 16 of the Chino Hills Municipal Code, Chapter 16.02.200 — "H' Definition of the Municipal Code relative to the definition of "Hedge"; Chapter 16.06.120 — Fences, Walls and Hedges relative to chain link fencing and barbed wire fencing; and Chapter 16.10.050 of the Municipal Code relative to chain fink and barbed wire fencing. Ordinance No. 293 was adopted by the City Council by the following vote; Ayes: Moran, Bennett, Graham Noes: Marquez, Rogers A certified copy of the full text of Ordinance No. 293 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: November 25, 2015 sICHERYL BALZ, CITY CLERK PUBLISH: Chino Hills Champion December 5, 2015 945-15