ORD 540 ORDINANCE NO. 540
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTIONS 17.76.030 AND 17.48.070 OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO ESTABLISH PROCEDURES
ALLOWING HEDGES OVER 42" IN HEIGHT WITHIN THE FRONT
YARD SETBACK OF PRIVATE RESIDENTIAL PROPERTIES AND TO
SIMPLIFY THE EXISTING INTERSECTION VISIBILITY TRIANGLE
REVIEW PROCESS.
WHEREAS, on October 5, 2010, the City Council authorized the initiation of a
code amendment to revise the City's hedge height regulations within the front yard
setback (Chapter 17.76.030 — Fences, Walls and Hedges), acknowledging that there
are non-conforming properties within the City that currently have hedges that exceed
the allowable height; and
WHEREAS, during the analysis, Staff found that Chapters 17.48.070
(Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) had
similarities that necessitates amendments to both Chapters; 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 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the code amendment qualifies as a ministerial project and
therefore exempt from the application of CEQA (Section 21080); and,
WHEREAS, on July 24, 2012, the Planning Commission adopted Resolution No.
2012-13, recommending that the City Council adopt an ordinance to amend the
intersection visibility triangle review process and to establish procedures allowing
hedges above 42" within the front yard setback of residential properties; and,
WHEREAS, a notice was published on October 4, 2012, pursuant to the
requirements of the Rancho Palos Verdes Development Code; and,
WHEREAS, on October 16, 2012, the City Council continued the matter to the
following public hearing on November 6, 2012; and,
WHEREAS, the City Council held a duly noticed public hearing on November 7,
2012, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapters 17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and
Hedges) of the Municipal Code.
Section 2: The City Council finds that the amendments to Chapters 17.48.070
(Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) of the
Municipal Code are consistent with California Government Code Section 65853, zoning
amendment procedures.
Section 3: The City Council finds that the amendments to Chapters 17.48.070
(Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that
they preserve and enhance the community's quality living environment, and enhance
the visual character and physical quality of existing neighborhoods.
Section 4: The City Council finds that the amendments to Chapters 17.48.070
(Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) are
necessary to preserve the public health, safety, and general welfare in the area.
Section 5: Section 17.48.070 (Intersection Visibility Triangle) of Chapter 17.48
of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended, to read as
follows (the underlined text represents new language; the text in strikethrough is to be
deleted), as shown below:
17.48.070 -- Intersection Visibility
A. In districts where the required front or street-side setbacks allow a
building to be constructed within the intersection visibility triangle,
fences, walls, structures or shrubbery may be allowed to exceed the
prescribed height limit, if they are setback from the property line a
distance equal to the setback of the allowed building.
B. Trees located within the intersection visibility triangle which are
trimmed to the trunk up to a minimum branch height of 6' above the
adjacent street curb elevation are exempt from these regulations.
C. The intersection visibility triangle shall be shown on all landscaping
plans, grading plans and tentative tract maps for related intersections
when required by the director. In cases where an intersection is
located on a vertical curve, a profile of the sight line may also be
required by the director. Any landscape plan submitted shall show
the common name, locations and mature dimensions plotted to scale
of all proposed trees, shrubs and plants within the intersection
visibility triangle.
D. Proposed improvements or structures which exceed the 30" height
limit may be permitted in the intersection visibility triangle by the
director through a site plan review application,
upon determination by the director of public works that the location
and/or height of the existing or proposed structure within the
intersection visibility triangle allows for the safe view of oncoming
Ordinance No. 540
Page 2 of 11
traffic by a driver approaching an intersection, and thus no
intersection visibility impacts would result. Upon approval by the
of any such structure or improvement, the
director shall provide written notice of the planning—commission Is
decision pursuant to Section 17.80.040 (Hearing Notice and Appeal
Procedures) of this title. Notice of denial shall be given to the
applicant. Any interested person may appeal the planning
' director's decision to the city council planning
commission pursuant to Chapter 17.80 (Hearing Notice and Appeal
Procedures) of this title, and the Planning Commission's decision
may be appealed to the City Council.
Section 6: Section 17.76.030 (Fences, Walls and Hedges) of Chapter 17.76 of
Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read
as follows (the underlined text represents new language; the text in strikethrough
is to be deleted), as shown below:
17.76.030 — Fences, walls and hedges
A. Purpose. These standards provide for the construction of fences, walls
and hedges as required for privacy and for protection against hazardous
conditions, dangerous visual obstruction at street intersection and
unnecessary impairment of views.
B. Fences, Wall and Hedge Permit.
1. Permit Required. A fence, wall and 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 tot an interior side property line of any
contiguous or abutting parcel (as determined by the director), except
as specified below:
a. Fences, walls or hedges located where the grade differential
between the building pads of adjacent lots, measured
perpendicular to the boundary between the two properties
contiguous to or abutting the fence, wall or hedge, is two feet
or less in elevation; or
b. Fences, walls or hedges where the subject lot is located
upslope of any property contiguous to or abutting the location
of the fence, wall or hedge; or
c. Fences, walls or hedges when the top of the fence, wall or
hedge is at a lower elevation than that of the pad of the
upslope lot.
Ordinance No. 540
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2. Findings. A fence, wall and hedge permit may be approved only if the
director finds as follows:
a. That the fence, wall or hedge would not significantly impair a
view from the viewing area, as defined in Chapter 17.02
(Single-Family Residential Districts), of another property or a
view from public property which has been identified in the
city's general plan or coastal specific plan as a city-
designated viewing area. Views shall be taken from a
standing position, unless the primary viewing area is more
suitable to viewing in a seated position;
b. That all foliage on the applicant's lot which exceeds sixteen
feet or the ridgeline of the primary structure, whichever is
lower, and impairs a view from the viewing area of another
parcel, as defined in Chapter 17.02 (Single-Family Residential
Districts) or a view from public property which has been
identified in the city's general plan or coastal specific plan, as
ca city-designated viewing area, shall be removed prior to
permit approval. This requirement 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 the which
the property owner can create such privacy through some
other means permitted by this title that does not impair a view
from viewing area of another property;
c. 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;
d. Notwithstanding finding (2)(a) (subsection (B)(2)(a) of this
section), the applicant's request shall be approved if the
director determines that findings (2)(b) and (2)(c) (subsections
(B)(2)(b) and (B)(2)(c) of this section) listed above can be
made and either:
i. Denial would constitute an unreasonable 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 permitted by this title that would not
significantly impair a view from a viewing area of
another property; or
ii. Denial would prevent compliance with the swimming
pool fencing requirements contained in subsection E
of this section and there is no reasonable method to
Ordinance No. 540
Page 4 of 11
comply with subsection E of this section that would
not significantly impair a view from a viewing area of
another property.
3. Notice of Decision. The notice of decision of a fence, wall and hedge
permit shall be given to the applicant and to all owners of property
adjacent of the subject property. Notice of denial shall be given only to
the applicant. Any interested person may appeal the director's
decision to the planning commission pursuant to Section 17.80.050
(Hearing Notice and Appeal Procedures) of this title.
4. This decision of the planning commission may be appealed to the city
council pursuant to Section 17.80.070 (Hearing Notice and Appeal
Procedures) of this title.
5. The director, the planning commission and city council may impose
such conditions on the approval of a permit as are necessary to protect
the public health, safety and welfare and to carry out the purpose and
intent of this section.
6. In the case of conflict between the provisions of this section and other
provisions of the development code or the building code, the most
restrictive provisions apply.
C. Fences, Walls and Hedges Allowed Without a Permit Unless restricted by
conditions imposed through a fence, wall and hedge permit pursuant to
subsection B of this section, fences, walls and hedges which meet the
following requirements shall be allowed without a permit:
1. Residential Zoning Districts.
a. Fences, walls and hedges located within the front yard
setback area shall meet the following standards:
i. Up to forty-two inches in height shall be permitted,
except as restricted by the intersection visibility
requirements of Section 17.48.070 (Lots, setbacks,
open space areas and building height) of this title;
ii. When combined with a retaining wall, the total height
may not exceed forty-two inches, except as restricted
by the intersection visibility requirements of Section
17.48.070 (Lots, setbacks, open space areas and
building height) of this title; and
iii. When located within the front yard of a flag lot and the
front property line of the flag lot abuts the rear or
Ordinance No. 540
Page 5 of 11
interior side property line of an adjacent lot, up to six
feet in height shall be permitted.
b. Fences, walls and hedges not subject to subsection (C)(1)(a)
of this section shall meet the following standards:
i. Fences and walls up to six feet in height shall be
permitted on any part of a lot not subject to
subsection (C)(1)(a) except as restricted by Section
17.48.070 (Intersection visibility) of this title;
ii. Hedges up to sixteen feet in height shall be permitted
on any part of a lot not subject to subsection (C)(1)(a),
except as restricted by the view preservation and
restoration provisions which apply to foliage, as
described in Chapter 17.02 (Single-Family Residential
Districts);
iii. When combined with a fence, freestanding wall or
retaining wall, the total height may not exceed eight
feet, as measured from grade on the lower side, and
may not exceed six feet, as measured from grade on
the higher side;
iv. When combined with a fence, freestanding wall,
retaining wall or hedge, the total height may not
exceed sixteen feet, as measured from grade on the
higher side and may not exceed eighteen feet, as
measured from grade on the lower side; provided, the
height of each individual fence, freestanding wall
and/or retaining wall does not exceed the height
limitations prescribed by this title.
c. Temporary construction fences, as defined in Chapter 17.96
(Definitions), up to six feet in height may be located within
front or street side setback areas, pursuant to the temporary
construction fencing provisions of Section 17.56.020(C)
(environmental protection) of this title.
2. Nonresidential Zoning Districts.
a. Fences, walls and hedges located within the front yard and
street-side setback areas shall meet the following standards:
i. Up to forty-two inches in height shall be permitted
within the front or street-side setback areas, except as
restricted by the intersection visibility requirements of
Ordinance No. 540
Page 6 of 11
Section 17.48.070 (Lots, setbacks, open space area
and building height) of this title.
ii. When combined with a retaining wall, the total height
may not exceed forty-two inches in the front or street-
side setback areas, except as restricted by the
intersection visibility requirements of Section
17.48.070 (Lots, setbacks, open space area and
building height) of this title.
b. Fences, walls and hedges located behind front and street-side
setbacks shall meet the following standards:
i. 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 by the intersection visibility
requirements of Section 17.48.070 (Lots, setbacks,
open space area and building height) of this title.
ii. When combined with a retaining wall, the total height
may not exceed eight feet as measured from grade
on the lower side and may not exceed six feet as
measured from grade on the higher side.
c. Temporary construction fences, as defined in Chapter 17.96
(Definitions), up to six feet in height may be located within
front or street side setback areas, pursuant to the temporary
construction fencing provisions of Section 17.56.020
(Environmental protection) of this title.
D. Fences, Walls and Hedges — Permitted With a Minor Exception Permit.
1. The following fences, walls and hedges shall be permitted subject to
the approval of a minor exception permit pursuant to Chapter 17.66
(Minor Exception Permits):
a. Fences, as defined in Chapter 17.96 (Definitions), higher than
forty-two inches and up to six feet in height located in the front
and street-side setback areas; provided, the area between the
street and any such fence is landscaped, per a plan approved
by the director of planning;
b. A fence, wall or hedge, or any combination thereof, located
outside of a front or street-side setback area which does not
exceed eleven and one-half feet in height as measured from
grade on the lower side and six feet in height as measured
form grade on the higher side;
Ordinance No. 540
Page 7 of 11
c. Fences higher than six feet and up to ten feet in height and not
within the required setback areas or a combination of a three
and one-half foot retaining wall and recreational fencing of ten
feet in height for downslope and side yard fencing for tennis
courts or similar recreational facilities. The fence above the
six-foot height shall be constructed of wire mesh, or similar
material, capable of admitting at least eighty percent light as
measured on a reputable light meter.
2. In addition to the review criteria listed in Chapter 17.66 (Minor
Exception Permits), the director of planning shall use but not be limited
to the following criteria in assessing such an application:
a. The height of the fence, wall or hedge will not be detrimental
to the public safety and welfare;
b. The line of sight over or through the fence is adequate for
safety and does not significantly impair a view from the
viewing area of an adjacent parcel as defined in Section
17.02.040 (Single-Family Residential Districts) of this title;
c. On corner lots, intersection visibility as identified in Section
17.48.070 (Lots, Setbacks, Open Space Area and Building
Height) of this title is not obstructed; and
d. The height of the retaining wall portion does not exceed the
grading limits set forth in Section 17.76.040 (Grading permit)
of this title.
E. Hedges permitted within the front yard setback. Hedges (not
fences, walls or combination thereof) that exceed 42 inches in height
are allowed within the front-yard setback, including the intersection
visibility triangle, provided that:
1. No portion of the hedge will exceed 6 feet in height;
2. The location and/or height of the existing or proposed
hedge exceeding 42" allows for the safe view of on-
coming vehicular traffic and pedestrians by a driver
existing his or her driveway and does not cause a visual,
impairment that would adversely affect the public health,
as determined by the director of public works; and
3. The height of the hedge exceeding 42" does not
significantly impair a view from the viewing area of
residential parcel as defined in Section 17.02.040 (View
Preservation and Restoration) of this title.
Ordinance No. 540
Page 8 of 11
4. The property owner submits a complete application and
fee for a Site Plan Review permit and obtains approval of
said permit. The approval of said permit shall include a
condition of approval that specifies the hedge's permitted
height above 42" and that the hedge shall be maintained
at said height.
5. Hedges that exceed 30" in height and are located within
the intersection visibility triangle shall be reviewed
pursuant to the criteria set forth in Section 1 7.48.070 D.
F. General Regulations.
1. Fences, walls and hedges shall be measured as a single unit
if built or planted within three feet of each other, as
measured from their closest points, unless at least one of the
fences, walls or hedges is located on an adjoining lot held
under separate ownership. Perpendicular returns
connecting two or more parallel walls or fences shall not be
considered portions of the wall or fence for purposes of
determining whether or not the fences or walls are a single
unit.
2. Retaining walls may exceed the height limits of this section;
provided, a grading permit is approved pursuant to Section
17.76.040 (Grading permit) of this title.
3. Fences or Walls — Required. All pools, spas and standing
bodies of water eighteen inches or more in depth shall be
enclosed by a structure and/or a fence or wall not less than
five feet in height measured from the outside ground level at
a point twelve inches horizontal from the base of the fence or
wall. Any gate or door to the outside shall be equipped with
a self-closing device and a self-latching device located not
less than four feet above the ground. Such fences, walls
and gates shall meet city specifications and shall be
constructed to the satisfaction of the city's building official.
4. The use of barbed wire is prohibited unless required by any
law or regulation of the state or federal government or any
agency thereof. Electrified fencing may only be allowed for
the keeping of animals pursuant to Chapter 17.46
(Equestrian Overlay District) of this title. All electrified
fences shall contain a warning sign, posted in a visible
location, warning that an electrified fence is in use.
5. Chain link, chicken wire and fiberglass fences are prohibited
in front yards between the front property line and the exterior
façade of the existing single-family residence closest to the
Ordinance No. 540
Page 9 of 11
front property line, in side yards between the street-side
property line and the exterior façade of the existing single-
family residence closest to the street side property line, and
within a rear yard setback which abuts the following arterial
streets identified in the city's general plan:
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; and
j. Silver Spur Road.
Section 7: The rights given by any approval granted under the terms of Title
17 of the Rancho Palos Verdes Municipal Code prior to the effective date of the
adoption of said ordinance shall not be affected by the amendments to Title 17 by this
ordinance and shall continue in effect until and unless they are modified, revoked,
expired or are otherwise terminated according to the terms of the approval or the terms
of Title 17 as they existing prior to the effective date of said ordinance.
Section 8: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 9: The City Clerk shall cause this Ordinance to be posted in three (3)
public places in the City within fifteen (15) days after its passage, in accordance with the
provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City of Rancho Palos Verdes.
Ordinance No. 540
Page 10 of 11
Section 10: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
Section 11: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of the adoption of said ordinance.
PASSED, APPROVED AND ADOPTED this 20th day of November 2012.
Mayor
Attest:
a/4-6L(7)7,4-“
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 Ordinance No. 540 passed first reading on November 7, 2012, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November 20, 2012, and that the same was passed and adopted by the following roll
call vote:
AYES: Brooks, Campbell, Knight, Duhovic and Mayor Misetich
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance No. 540
Page 11 of 11
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, 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 26, 2012, she caused to be posted the following document
entitled: ORDINANCE NO.540,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING SECTIONS 17.76.030 AND 17.48.070 OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO ESTABLISH
PROCEDURES ALLOWING HEDGES OVER 42" IN HEIGHT WITHIN THE
FRONT YARD SETBACK OF PRIVATE RESIDENTIAL PROPERTIES AND
TO SIMPLIFY THE EXISTING INTERSECTION VISIBILITY TRIANGLE
REVIEW PROCESS, 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.
4,cati./7-.7) / /.- / -
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)Form 150-Affidavit of Posting Ordinance No.540.doc