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HomeMy WebLinkAboutNS-2402 - Temporarily Prohibiting the Construction of Front Yard Fences in Residential Zones233 ORDINANCE NO. NS-2402 AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA TEMPORARILY PROHIBITING THE CONSTRUCTION OF FRONT YARD FENCES IN RESIDENTIAL ZONES The City Council of the City of Santa Ana finds, determines and declares as follows: 1. Provisions of Article IV of Chapter 41 of Santa Ana Municipal Code ("Code") that regulate walls and fences in residential zones, specifically section 41-610 of the Code, needs review, study and possible revision in order to respond to recent concerns relating to improper and illegal construction as well as visual blight. Because of the age of the portions of the Code addressing walls and fences, such provisions fail to fully take into account the potential impacts of such walls and fences on the character of neighborhoods and fail to address the needs of the City and its residents today and in the future. A survey of regulations in neighboring cities, for example, reveals that Santa Ana's: maximum front yard fence height is approximately 20% higher than the County norm. 2. Of particular concem are front yard fences, which can be visible for several blocks and are especially intrusive and detract from a neighborhood when installed out of proportion to the structure. A proliferation of inappropriate fences can erode the character of a neighborhood and conflicts with design principles which reinforce community safety. 3. The Council has expressed concern that the current regulations reinforce a perception in the community that the City does not regulate front yard walls and fences in residential neighborhoods. The Planning and Building Agency estimates that approximately 50% of front yard fences constructed over the last several years exceed City development standards. 4. Given these concerns, the City Council has requested that a review be undertaken of the current provision of Article IV of Chapter 41 of the Code as it relates to walls and fences, specifically front yard fences, in residential zones. The Council has expressed concerns that walls and fences currently permitted under the Code contribute to visual blight in the City. The Council has determined that no additional fences should be constructed under the current regulations during this review so that the negative impacts of inappropriate fences are not prolonge& ¸'7 ORDINANCE NO. NS-2402 Z34 5. Front yard fences can be constructed quickly, with little advance design work and minimal investment. Without adoption of this ordinance, additional inappropriate front yard fences could be established, despite the fact that the City Council has determined that the Code is in need of updating and has directed that a study be done to recommend new standards and revised Code sections to address these concerns. 6. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. 7. The City Council has directed that all studies be pursued as expeditiously as is practicable, and has directed staff to expeditiously pursue appropriate revisions to the Code. 8. In order to prevent the frustration of said studies and the implementation thereof, the public interest, health, safety and welfare require the immediate enactment of this ordinance. The absence of this ordinance would create a serious threat to the orderly and effective implementation of any Code amendments, general plan amendments or specific plan amendments which may be adopted by the City as a result of the studies, in that new front yard fences established within residential zones in the City may be in conflict with or frustrate the contemplated updates and revisions to the Code, general plan or specific plans. Moreover, permitting such fences to be established during said studies and implementation would create impacts on the public health, safety and welfare that the City Council, in adopting this ordinance, has found to be unacceptable. 9. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such an urgency are set forth in paragraphs 1-8, inclusive of this ordinance. 10. The City Council further finds that this is a matter of City-wide importance and is not directed to,yards nor targeted at any particular parcel of property or proposed use. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Prohibition. No wall or fence, as defined by Santa Ana Municipal Code Section 41-610, shall be assembled, built, created, constructed, enlarged, erected, established, expanded, 2 ORDINANCE NO. NS-2402 235 fabricated, produced or replaced in the front yard of any parcel located in the RE, R-l, R- 2, R-3, or R-4 zoning districts. This prohibition shall not prohibit the construction of a front yard fence which is under construction or for which a valid permit has been issued prior to the date of this Ordinance, provided that such wall or fence shall comply with the provisions of section 41-610 of this Code. Section 2: Expiration. This ordinance shall be of no further force and effect 45 days from the date of its adoption, unless extended by further action of the City Council. Section 3: Publication. The City Clerk shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 4: Emergency Measure. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth at paragraphs 1 through 10, inclusive of this ordinance. ADOPTED this 2a~-hdayof September, 1999. ATTEST: 4ceC. Ouy r'7-- "Cl~rk of the Council ' ! COUNCILMEMBERS: Pulido Aye Lutz Aye Bist Aye Christy Aye Franklin .Aye McGuigan Aye Moreno Not Voting APPROVED AS TO FORM: ~55~~a ~h W. Flet~~mey 3 ORDINANCE N0/~52402 236 CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. ~o be the original ordinance adopted by the City Council of the City of Santa Ana on ~/~./aa ; and that said ordinance was published in accordance with the Charter ~fthe ~t/~ of Santa Ana. /-; Date: ~/~-~-/~a ~/~-~'~_3-7~. ~ '/ ! ' [ d/// Clerk of-the/Co~fi"~ City of Santa 4