ORD 541U ORDINANCE NO. 541U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES IMPOSING A
MORATORIUM ON THE REPLACEMENT OR REPAIR OF PRIVATELY
OWNED FENCES OR WALLS ALONG ARTERIAL STREETS WITHIN THE
CITY, AND DECLARING THE URGENCY THEREOF.
WHEREAS, over the past few years existing fences and walls along major arterial
streets within the City have needed repair or replacement due to aging conditions, vehicle
accidents or other factors; and,
WHEREAS, in some cases these fences and walls have been repaired or replaced with
materials that differ from those that were installed originally and, by their inconsistency, have
adversely altered the visual character of the area and have adversely affected the aesthetic
condition of the arterial corridor; and,
WHEREAS, currently the City's Development Code does not regulate the repair or
reconstruction of fences or walls along the arterial streets within the City and only specifies that
chain link, chicken wire and fiberglass fences are prohibited in setbacks which abut specified
arterial streets; and,
WHEREAS, recently, residents have alerted City Staff that the owners of certain
properties are planning to replace their existing rear property line fences or walls along arterial
streets. Because The City's Development code does not provide any specific regulations or
restrictions regarding the repair or replacement of privately owned fences or walls along the
City's arterial streets, property owners could use materials that differ from the pre-existing wall
or fence, thereby constructing segments of walls or fences that do not match the remainder of
the pre-existing original wall or fence, which could create an aesthetic blight within these areas
of the City;
WHEREAS, in order to preserve the uniformity and visual character of the City's arterial
corridors, a moratorium on the replacement or repair of privately owned fences or walls along
arterial streets is needed to allow time so the City can adopt an ordinance that will require such
fences and walls to be repaired or replaced with walls and fences that are placed in the same
location, and are the same height and constructed of the same materials and colors as the pre-
existing uniform fences or walls; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15061(b)(3) et seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances
Statement), the City Council of the City of Rancho Palos
Verdes has determined that there is no substantial evidence that approval of this Ordinance
would result in a significant adverse effect on the environment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the moratorium on the
replacement or repair of privately owned fences and walls along arterial streets within the City
and concurs that each of the recitals set forth above is true and correct and are hereby made a
part of this urgency ordinance.
Section 2: The City Council adopts this interim ordinance, effective immediately,
prohibiting the replacement or repair of privately owned fences or walls along the following
arterial streets in any zoning district of the City, pursuant to the authority set forth in California
Government Code Section 65858:
a. Crenshaw Boulevard;
b. Crest Road;
c. Hawthorne Boulevard;
d. Highridge Road;
e. Miraleste Drive;
f. Palos Verdes Drive East;
g. Palos Verdes Drive North;
h. Palos Verdes Drive South;
i. Palos Verdes Drive West;
j. Silver Spur Road; and
k. Western Avenue
Section 3: The City Council finds that the moratorium will allow the City to initiate
and process a code amendment to the City's Municipal Code to regulate the repair and
replacement of fences and walls along the above-listed arterial streets within the City.
Section 4: To avoid a situation from arising where a property owner, due to damage
to an existing wall or fence, cannot secure his or her property while an ordinance is being
considered by the Planning Commission and City Council, this urgency ordinance exempts from
the provisions of this urgency ordinance, and allows the Director, following receipt of an
application from a property owner, to issue a permit to the property owner so that the property
owner may repair or replace a pre-existing wall or fence along any of the arterial streets listed
above with a wall or fence that is in the same location and is the same height and is constructed
of the same materials and colors as the pre-existing fence or wall.
Section 5: The City Council further finds that this urgency ordinance has no
likelihood of causing a significant adverse impact on the environment and, accordingly, both the
City Council's action of adopting this ordinance and the effects that are derived from that
adoption are found to be exempt from the application of the California Environmental Quality
Act, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Title 14 CCR.
15061(b)(3).) This finding is premised on the fact that the adoption of this urgency ordinance
will maintain the current environmental conditions arising from the existing fences or walls, and
that repair or replacement of these fences or walls on residential properties will not alter these
Ordinance No. 541U
Page 2 of 3
environmental conditions.
Section 6: In order to protect the public health, safety and welfare it is necessary for
the City of Rancho Palos Verdes to adopt an urgency ordinance to establish a moratorium on
the repair and reconstruction of walls or fences along the arterial streets in order for the City to
establish criteria through a code amendment that would regulate the repair and reconstruction
of these walls and fences in a manner which is uniform and harmonious with the arterial streets'
visual corridors. Therefore, this ordinance is necessary for the public health, safety and welfare
and shall take effect immediately upon adoption as an Urgency Ordinance.
Section 7: The Community Development Director and the City Clerk shall undertake
all actions legally necessary to extend this interim ordinance in the event the direction desired
by the this City Council will not be concluded on or before the forty-fifth day subsequent to the
adoption of this interim ordinance.
Section 8: The City Clerk of the City of Rancho Palos Verdes shall certify to the
passage and adoption of this ordinance and shall cause the same to be posted in the manner
required by law.
PASSED, APPROVED AND ADOPTED THIS 7th DAY • •VEM ER 2012. .
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M.yor
ATTEST:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing Urgency
Ordinance No. 541U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on November 7, 2012, and that the same was passed and adopted by the
following roll call vote:
AYES: Brooks, Campbell, Duhovic, Knight and Misetich
NOES: None
ABSENT: None
ABSTAIN: None C----?-
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City Clerk
Ordinance No. 541U
Page 3 of 3
Aji!
RANCHOPALOSVERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk
of the City of Rancho Palos Verdes;
That on November 8, 2012, she caused to be posted the following document
entitled: ORDINANCE NO. 541U, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES IMPOSING A MORATORIUM ON THE
REPLACEMENT OR REPAIR OF PRIVATELY OWNED FENCES OR WALLS
ALONG ARTERIAL STREETS WITHIN THE CITY, AND DECLARING THE
URGENCY THEREOF, a copy of which is attached hereto, in the following
locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
7-‘''d C--
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City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)►Form 150-Affidavit of Posting Ordinance No.541 U.doc