For an issue that caused such a brouhaha in Topanga, and garnered a lot of ink in these very pages, no one from the community showed up either to protest or support the proposed fence modifications at the July 28 meeting of the Board of Supervisors, who unanimously approved new review procedures "for yard modifications in the antiquated subdivision areas of the Topanga community for construction of fences and walls exceeding six feet."
Erik Schweitzer, the Topanga resident who raised the thorny issue more than a year ago of what he called the "growing phenomenon" of tall roadside fences along Fernwood Pacific Drive, was not present but his voice was. The new regulations now allow the use of the "Director's Review" procedure as opposed to the prior "Variance" with regard to fences.
PHOTO BY JOHN MARSIC  Supervisor Zev Yaroslavsky called on the Regional Planning Department to approve new fence review procedures for Topanga homeowners that is less burdensome. |
According to Gina Natoli, Supervising Regional Planner for the Department of Regional Planning in Los Angeles, the variance method placed an undue burden on the homeowner due to the cumbersome review procedures that required applicants to file many more documents: a site plan; information on size and condition of adjoining streets and highways; any previous permits or approvals issued for the property; maps showing all property, streets and lots included in the request, as well as within 500 feet of the exterior boundary of the subject parcel, including the uses on the parcels within 500 feet; a list of the names and addresses of all owners of property within 500 feet of the exterior boundary of the subject parcel; and proof of water. An environmental assessment was also required.
In addition to the filing requirements, the applicant for a variance must substantiate several facts: That there are special circumstances or exceptional characteristics applicable to the property, such as size, shape, topography, location or surroundings, which are not applicable to other properties in the vicinity; that the variance is necessary for the preservation of a substantial property right that owners of other properties in the area have; and that the granting of the variance won't be materially detrimental to public welfare or other property in the vicinity.
For a variance, a public hearing is required before the hearing officer or the Regional Planning Commission. Notification of the proposal is sent to all owners of properties that lie within 500 feet of the subject parcel to inform them of the proposal and provide them an opportunity to testify at the public hearing and comment on the proposal.
The hearing officer and Regional Planning Commission may impose any conditions deemed necessary to ensure the proposed use is consistent with the zoning ordinance and any local or community plan. The fee for a variance is $5,546. The additional fee for an environmental assessment is $1,389.
Deputy Ben Saltsman of Zev Yaroslavsky's office added that the variance is one of the most difficult permits to qualify for in the entire county. For example, he says, "It is the only type of procedure that would allow new developments to be built on top of the significant ridgelines in the Santa Monica Mountains north area.
"It is simply not fair," he added, "for an existing 4-foot or 6-foot-tall fence to be reviewed using the same procedure as a proposed new house on a ridgeline that would be seen by hundreds of people. Second, fences throughout the Santa Monica mountains (including parts of Topanga such as the Mesa and along Topanga Canyon Boulevard) can currently use the Director's Review procedure. It has worked well there and homeowners in Fernwood or anywhere else in the Canyon should have the right to use the same procedure available to their neighbors.
"Finally," he added, "this is critical. The Director's Review will still enable the Regional Planning Department to stop fences that would cause a danger to the neighborhood (such as blocking clear views from a driveway), but it will allow fences that make sense to be approved faster and for less money.
Director's Review Application Procedure
Under the newly passed procedures, or Director's Review, an applicant files a site plan with the Department of Regional Planning showing the proposed structure or use, as well as all other structures, yards, driveways, access and parking areas, landscaping, walls or fences on the property. Other items, such as photographs and diagrams, may be required.
This application is then reviewed by regional planning staff for consistency with Title 22 (zoning ordinance). A notification of the proposal is sent to all owners of properties that lie within 100 feet of the subject parcel, to inform them of the proposal and provide them an opportunity to comment on the proposal. If the proposed use is in compliance with the zoning ordinance, avoids traffic impacts, protects public health and safety, and does not cause adverse impacts on neighboring properties, the Director will approve the application. There is no public hearing with a director's review and the fee is $953.
Guidelines
Natoli also reported that there will be precise guidelines for fences in terms of height, materials, safety, views and transparency. The precise guidelines for fences and walls in terms of height now bring Topanga into the exact "same procedures" used for all other unincorporated areas:
• 42 inches (3½ feet) in the required front yard and corner side yard and on the street or highway side of a corner lot.
• Six feet in required interior side and rear yards.
• Fences and walls at least five feet from the highway line in corner side yards may be six feet high.
• Landscaping, such as hedges in any of the required yards that serves the same purpose as a fence or wall, is subject to the same height limits.
With an approved Director's Review, fences within required yards could be up to six feet high as long as they comply with transparency, materials and color requirements.
Transparency Requirements
At least 70 percent of the fence or wall area above 42 inches in height shall be open and non-view-obscuring. The open and non-view-obscuring area must be evenly distributed horizontally along the entire length of the fence or wall.
• No slats or other view-obscuring materials may be inserted into, placed in front of or behind, or affixed to such fences and walls.
• Vertical support elements shall be a minimum five feet apart.
• Non-support vertical or horizontal fence elements shall have a maximum diameter of two inches.
Materials
The area of yard fences and walls above 42 inches in height shall be constructed of stone, brick, rock, block, concrete, wood, stucco, tubular steel, wrought iron or a combination of these materials. Either recycled or composite materials, each with the appearance and texture of wood, may also be used. Chain link, wire and highly reflective materials are prohibited. Except for vertical support elements, the area of the fences and walls above three and one-half feet in height shall be constructed of either recycled or composite materials, each with the appearance and texture of wood, or wood, tubular steel, or wrought iron.
Fence and wall materials shall comply with at least one of the following:
• Noncombustible construction.
• Ignition resistant and meet the requirements of State Fire Marshall section 12-7A-4 parts A and B.
• Heavy timber construction; or
• Exterior fire-retardant treated wood construction.
• Only earth-tone colors that are similar to the surrounding landscape shall be used.
What does all this mean for existing fences on properties throughout Topanga Canyon? According to Natoli, property owners with existing fences that are not in compliance with the zoning ordinance will need to obtain an approved Director's Review to bring the fence into compliance with the ordinace.
"The requirement to comply with the zoning ordinance is not a function of whether people have a problem with someone," she added. "The rules must be followed at all times. People who want to put up a new fence or wall in compliance with the development standards of the zoning ordinance do not need to do anything special; people who want to have a fence or wall within one of the required yards that exceeds the height limits must apply for a Director's Review to authorize the increased height."
In terms of the Notice of Violation (NOV), Deputy Saltsman said that this ordinance should not cause any additional residents to be issued a notice of violation. An NOV contains information on the specific violation and ways in which it can be rectified.
In terms of any appeals, Saltsman said the decision of the Regional Planning Department staff member can be appealed to the Regional Planning Commission by the applicant.
According to Saltsman, "If someone's fence was built with all the required permits, this ordinance will not affect them in any way. However, if a fence was built without all the required permits, the property owner will be able to apply to legalize the fence with a Director's Review now instead of a variance." Saltsman added that if people feel they have any problems, they should contact Supervisor Yaroslavsky's office.
When asked how Supervisor Yaroslavsky feels about the passing of the new guidelines, Saltsman reported that Yaroslavsky first called on the Regional Planning Deparment to make this ordinance change last year because he believes that the Planning Department could use a more rational mechanism that is less burdensome on homeowners to review a proposed fence. At the same time, he understands the need to protect public safety and scenic views and believes that the new balanced mechanism will accomplish both objectives very well in all neighborhoods of Topanga, just as it does throughout the rest of the Santa Monica mountains.
Both Natoli and Saltsman have said that the new guidelines will go into effect within the next three to four months.
When asked whether the passing of the new guidelines signifies that the future of other building and environmental procedures will be more closely monitored in Topanga Canyon, Saltsman said "this ordinance was passed on its own merits because the Board of Supervisors as a whole and Supervisor Yaroslavsky in particular believed that there was a more fair method of reviewing fence applications that would still ensure that the character of Topanga's unique neighborhoods will be protected and public safety will be preserved."
