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ORD 254 ORDINANCE NO. 254 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING DEVELOPMENT CODE AMENDMENT NO. 29 AND AMENDING CHAPTER 17.42 OF THE RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO FENCES, WALLS AND HEDGES. THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council finds and declares as follows: A. Development Code revisions are necessary to ensure that rear yard and side yard views from upslope lots are protected from intentional or inadvertent impair- ment by fences, walls, and hedges on adjacent, down- slope lots; and B. Development Code revisions are necessary to establish criteria and provide for City review of fences, walls, and hedges on lots adjacent to the rear and side yards of contiguous or abutting lots; and C. The Development Code revision is consistent with the intent, policy and each element of the General Plan and Coastal Specific Plan since the purpose of the revision is to further implement the policies in the sensory and corridor elements to provide additional protection of views; and D. The City Council has considered the contents of the Initial Study for Environmental Assessment No. 570 and finds that no significant adverse impacts on the environment will result from this revision and that a Negative Declaration should be issued for Environmental Assessment No. 570. Section 2 . Section 17.42.010 of Chapter 17.42 of Title 17 of the Rancho Palos Verdes Municipal Code is amended to read as follows: I/ 17.42 . 010 Purpose,. These standards provide for the construction of fences and walls as required for privacy and protection against hazardous conditions, dangerous visual obstruction at street intersections, and unnecessary impairment of views. Section 3 . Section 17.42. 020 (B) (1) of Chapter 17.42 of Title 17 of the Rancho Palos Verdes Municipal Code is amended to read as follows: 17.42. 020 Fences, walls and hedges -- Permitted. B. Fences, walls, and hedges located behind front and street-side setbacks shall meet the following standards: 1. Up to six feet in height shall be permitted on any part of a lot behind the front or street-side setback areas, except as restricted in Section 17.42. 022 and 17.42. 060. I/ Section 4 . Section 17.42 . 022 of Chapter 17.42 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby added as follows: 17.42 . 022 Fence, Wall & Hedge Permit Required. A. Permit Required. A Fence, Wall & Hedge Permit shall be required for any fence, wall or hedge placed within the rear yard setback adjacent to a rear property line or for any wall or hedge placed within the side yard setback adjacent to an interior side property line of any contiguous or abutting parcel (as determined by the Director) , except as specified below: 1. Fences, walls, or hedges located where the slope across the adjacent lot, measured perpendicular to the boundary between the two properties contiguous to or abutting the fence, wall, or hedge does not exceed five percent (5%) ; or 2 . Fences, walls, or hedges where the lot on which the fence, wall, or hedge is proposed is located upslope of any property contiguous to or abutting the location of the fence, wall or hedge; or 3 . Fences, walls, or hedges for which the top of the fence, wall, or hedge would be at an elevation lower than the pad elevation of the upslope lot. B. Findings. A Fence, Wall & Hedge permit may be approved only if the Director finds as follows: 1. That the fence, wall or hedge would not significantly impair a view from the viewing area, as defined in Section 17. 02 .040; views shall be I/a standing position unless the primary viewing area is more suitable to viewing in a seated position. For the purposes of this section, a windscreen (allowing 90% light passage) shall be considered a fence. -2- 900723 Lem 0860159 (2) Notwithstanding the above, the applicant's request shall be approved if the Director determines that findings B.2 and B. 3 are met and either a or b below apply: a. Denial would constitute an unreasonable I/ invasion of the privacy of the occupants of the applicant's property and there is no method by which the property owner can create such privacy through some other means allowed within the Development Code that would not significantly impair a view from a viewing area of another property; or, b. Denial would prevent compliance with Section 17.42.040 (swimming pool fencing) and there is no reasonable method, allowed within the Development Code, by which the property owner can comply with this section without significantly impairing a view from a viewing area of another property. 2 . That all foliage on the applicant's lot which exceeds sixteen (16) feet or the ridgeline of the primary structure, whichever is lower, and impairs a view from the viewing area (as defined in Sec- tion 17.02 . 040) of another parcel, shall be removed prior to permit approval. This require- ment shall not apply where removal of the foliage would constitute an unreasonable invasion of the privacy of the occupants of the property on which the foliage exists and there is no method by which the property owner can create such privacy through some other means allowed within the Development Code that does not impair a view from viewing area of another property. 3 . That placement or construction of the fence, wall or hedge shall comply with all applicable standards and requirements of the Rancho Palos Verdes Municipal Code and General Plan, C. Notice of the Director's decision shall be mailed to the applicant and to all owners of property contiguous to or abutting the proposed fence, wall or hedge. 1/ Said decision shall not be final for fifteen (15) days, during which time any interested party may appeal the Director's decision to the Planning- Commission. 1. Any appeal must be filed in writing, and shall include the reasons for said appeal and an appeal fee as established by resolution of the City Council. Notice of the appeal shall be provided -3- 900723 tem 0860159 (2) to all interested parties at least fifteen (15) days prior to Planning Commission consideration of the appeal. 2 . 6 The Planning Commission shall conduct a hearing on the appeal and make a decision to deny or uphold the appeal based on the criteria in Section 17.42 . 0228. 1-3 . 1/ D. The decision of the Planning Commission shall not be final for fifteen (15) days, during which time any interested party may appeal the Commission's decision to the City Council. The process for appeal and hearing at the Council shall be the same as that set forth above for the Planning Commission. The City Council 's decision shall be final. E. The Director and/or the Planning Commission and/or the City Council may impose such conditions on approval of the permit that are deemed necessary to protect the public health, safety, and welfare and carry out the purpose and intent of this section. F. In the case of conflict between these provisions and other provisions of the Development Code or the Building Code, the most restrictive provisions apply. Section 5. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be published or posted as required by law. PASSED, APPROVED, and ADOPTED this 1st day of M. , , 1990. _ /// 41.4 -_Abe-/ AllAA■ f /r" `"OR ATTES Br .A..11. 1 CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby that the whole number of members of the City Council of said City ' s five; that the foregoing ordinance No 254, passed first reading on April 17, 1990, was duly and regularly adopted by the City Council of said City at a regular meeting there- of held on May 1 , 1990, and that the same was passed and adopted by the following roll call vote: AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH & MAYOR HUGHES NOES: NONE ABSENT: NONE ABSTAIN: NONE if 0 / 3 Al I ._ALI_ _r._,L.■ 900723 lem 0860159 (2) CITY CLERK -4- ORD. No. 254 ORDINANCE 254 a: i.4 RANCHO PALos VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, desposes and says : That at all times herein mentioned, she was and now is the duly qualified City Clerk of the City of Rancho Palos Verdes , Y Y California: That on the 4th day of May , 1990 , she caused to be posed in three conspicuous places , as required by law the following : AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING DEVELOPMENT CODE AMENDMENT NO. 29 AND AMENDING CHAPTER 17. 42 OF THF. RANCHO PALOS VERDES MUNICIPAL CODE RELATING TO FENCES, WALLS AND HEDGES. a copy of which is attached hereto, in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274 LOS ANGELES COUNTY FIRE STATION MIRALESTE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES, CALIFORNIA 90274 U. S. POST OFFICE 28649 SOUTH WESTERN AVENUE RANCHO PALOS VERDES , CALIFORNIA 90732 I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting . fir 1 j'1 PURCELL, CMC t Y CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360