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ORD 546 ORDINANCE NO. 546 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.76.030 OF THE CITY MUNICIPAL CODE PERTAINING TO FENCES, WALLS AND HEDGES (CASE NO.ZON2012-00346). WHEREAS, on October 16, 2012, Councilman Knight presented his request for the City Council to move forward with a code amendment to address a possible loophole in the City's Development Code's existing language for when a Fence, Wall and Hedge permit is required, which results in less view protection to certain residential properties; and, WHEREAS, on November 20, 2013, the City Council initiated a Code Amendment to revise Municipal Code Section 17.76.030 (Fences, Walls and Hedges) to require any new fence, wall or hedge within specified setbacks be subject to a Fence, Wall and Hedge permit, thereby affording view protection from said new fences, walls and hedges to more property owners, and also to make minor clean-up amendments to Municipal Code Section 17.76.030 to clarify hedge heights and the applicability of Minor Exception Permit for fences; and, WHEREAS, on May 14, 2013, the Planning Commission moved to continue the public hearing to May 28, 2013, with direction to Staff to: draft a resolution for adopting which would recommend that the City Council adopt the code amendment to RPVMC Section 17.76.030, as recommended by Staff, and include a recommendation to the Council that the $2,192 Fence, Wall and Hedge Permit application fee be partially subsidized by the City; and, WHEREAS, on May 28, 2013, the Planning Commission adopted Resolution No. 2013-10, thereby recommending that the City Council adopt an ordinance amending RPVMC Section 17.76.030(B)(1) to require the approval of a fence, wall and hedge permit for any new fence within a rear or side yard setback; amending RPVMC section 17.76.030(c)(1)(b)(iv) to clarify the existing height limitations applicable to combination walls/hedges; and amending RPVMC section 17.76.030(d)(1)(a) to clarify that a minor exception permit is not required for any fence higher than forty-two inches up to six feet within the street-side setback; and recommending that the City Council subsidize the Fence, Wall and Hedge permit application to minimize the financial obligation of residents who will be required to obtain a permit from the City in order to install a non-exempted new fence, wall or hedge on private property when they were not required to do so prior to the proposed code amendment; and, WHEREAS, on July 16, 2013, the City Council held a duly notice public hearing, at which time they adopted Resolution No. 2013-48, approving addendum No. 5 to the certified Negative Declaration for Ordinance No. 510 for a Code Amendment to revise RPVMC Chapter 17.76.030 (Fences, Walls and Hedges); and introduced Ordinance No. 546, amending RPVMC Section 17.76.030(B)(1) to require the approval of a Fence, Wall and Hedge (FWH) permit for any new fence within a rear or side yard setback; amending RPVMC Section 17.76.030(C)(1)(b)(iv) to clarify the existing height limitations applicable to combination walls/hedges; and amending RPVMC Section 17.76.030(D)(1)(a) to clarify that a Minor Exception permit is not required for any fence higher than 42 inches up to 6 feet within the street-side setback. The City Council also directed Staff to look into the FWH application fee, and bring back a subsidized (lower) fee based on a streamlined process; and, WHEREAS, on August 6, 2013, based upon Staffs recommendation, the City Council directed Staff to take the proposed streamlining component of the Fence, Wall and Hedge application process back to the Planning Commission to obtain the Commission's feedback on the additional code language; and, Ordinance No. 546 Page 1 of 9 WHERAS, on September 10, 2013, the Planning Commission reviewed Staffs proposed amendments to create an initial site visit step for the application process whereby Staff assesses view impacts on a preliminary basis to determine if a permit is warranted, and directed Staff to make additional changes to the language, including removing "hedges" from the application process so that they are reviewed similar to the City's View Ordinance and differently than fences and walls, and to bring back revised code language at a future hearing; and, WHEREAS, on November 12, 2013, the Planning Commission continued the public hearing in order for Staff to integrate the City Council initiated code amendment to increase the allowable height of free-standing walls/fences from 6 feet to 7 feet per the new edition of the California Building Code; and, WHEREAS, on December 10, 2013, the Planning Commission reviewed Staffs proposed code amendments, including amendments and additional code language to remove "hedges" from the application process, allow hedges located outside of the front and street-side setbacks to grow to an unspecific height provided views from surrounding residences are not significantly impaired, change the allowable height of freestanding fences and walls outside of the front or street-side setback areas from 6 feet to 7 feet, and clarified the height limitations of fences, walls and hedges for flag lots. Staff was directed to return with a resolution for adoption that would recommend all discussed changes to the City Council for adoption; and, WHEREAS, on January 28, 2014, the Planning Commission adopted P.C. Resolution No. 2014-05, recommending that the City Council adopt an ordinance amending Section 17.76.030 of the City Municipal Code pertaining to fences, walls and hedges, and recommending adoption of a resolution approving addendum No. 8 to the certified Negative Declaration for Ordinance No. 510, for a Code Amendment to revise RPVMC Section 17.76.030; and, WHEREAS, on February 26, 2014, a notice was sent to 65 homeowners associations and to interested parties within the City of Rancho Palos Verdes informing them of this proposed code amendment; and, WHEREAS, on February 27, 2014, notice of the public hearing on the proposed amendments to RPVMC Section 17.76.030 of the Municipal Code was published in the Palos Verdes Peninsula News; 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 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), before the meeting date copies of the draft Addendum No. 8 to the Negative Declaration for Ordinance No. 510 were distributed to the City Council and prior to taking action on the proposed code amendment, the City Council independently reviewed and considered the information and findings contained in Addendum No. 8; and, WHEREAS, on March 18, 2014, the City Council held a public hearing, 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 FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Ordinance No. 546 Page 2 of 9 Section 2: The City Council has independently reviewed this item and has determined that, pursuant to CEQA Guidelines Section 15162, a new Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects. Section 3: That the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans. Specifically, the revisions to Section 17.76.030 will address concerns as to newly constructed fences and walls that may significantly impair the view from an adjoining lot, providing a process to minimize the time and money required of an applicant to review a request for a new fence and wall, remove hedges from the application process so that that they are treated differently than walls and hedges, as well as provide language modifications, all of which assist in enforcement of the Development Code which uphold the Goals and Policies of the City's General Plan. Section 4: That the amendments to Section 17.76.030 are necessary to preserve the public health, safety, and general welfare, as the proposed amendments will provide protection to view owners, a stream-lined process to applicants, and insures that the development of each parcel of land or addition of structures occur in a manner which is harmonious with the neighborhood and community. Section 5: Section 17.76.030 (Fences, Walls and Hedges) of Chapter 17.76 of Title 17 of the Municipal Code is hereby amended to read as follows (strike-out text is for removed language, and bold and underlined text is for new language): 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. Fence/Wall Permit. 1. Permit Required. A fence /wall and hedge permit shall be required for any fence or wall of hedge placed within the rear yard or side yard setback adjacent to - - - - - - - - - ...e- - - - -- - -e•- --- - - - •- -line-ef any contiguous or abutting parcel (as determined by the director), except as specified below: a. Fences or 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 or walls 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 or walls or hedges when the top of the fence or wall or--hedge is at a lower elevation than that of the pad of the upslope lot. 2. Initial Site Visit. Upon submittal of an application and a site inspection fee, as established by resolution of the city council, the director, or his/her representative, shall conduct an initial site visit in order to determine the type of application process that is required, as follows: a. If based on the initial site inspection, the director is able to determine that there will be no view impairment to an adjacent property owner caused by the proposed new fence or wall and the director can make the finding described in Section 17.76.030(B)(3)(b), the fence / wall permit shall be approved. Notice of said approval shall be sent to the property owners adjacent to the subject property, pursuant to Section 17.80.040 (Notice of decision by director) of this title. An Ordinance No. 546 Page 3 of 9 adjacent property owner may appeal the director's decision to the planning commission pursuant to Section 17.80.050 (Appeal to Planning Commission) of this title. The decision of the planning commission may be appealed to the city council pursuant to Section 17.80.070 (Appeal to City Council) of this title. b. If the director is unable to determine that no view impairment will be caused by the proposed new fence or wall, the applicant shall pay the remainder of the application fee established by the city council and the application shall be reviewed as described in Paragraph 3 of this section. 32. Findings. A fence / wall permit may be approved only if the director finds as follows: a. That the fence or wall or hedge would not significantly impair a view from the viewing area, as defined in Chapter 17.02 (Single-Family Residential (RS) 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 (RS) Districts) 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, 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 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 or 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) of this subsection 3 = - = -- '=- , the applicant's request shall be approved if the director determines that findings of paragraphs (2)(b) and {-2)(c) - = -- •e-- = = - -e = - 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 F(3) of this section and there is no reasonable method to comply with subsection E F(3)of this section that would not significantly impair a view from a viewing area of another property. 43. Notice of Decision. The notice of decision of a fence/walland-hedge permit made pursuant to Section 17.76.030(B)(3) shall be given to the applicant and to all owners of property Ordinance No. 546 Page 4 of 9 adjacent to 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 (Appeal to Planning Commission) of this title. 54. This decision of the planning commission may be appealed to the city council pursuant to Section 17.80.070 (Appeal to City Council) of this title. 66. 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. 76. 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. Fence, Walls and Hedges Allowed Without a Permit. Unless restricted by conditions imposed through a fence / wall permit issued pursuant to subsection B of this section 17.76.030, 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 (Intersection Visibility) of this title; ii. When combined with a retaining wall, the total height may not exceed forty-two inches, except as further restricted by the intersection visibility requirements of Section 17.48.070 (Intersection Visibility) 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 interior side property line of an adjacent lot, up to six seven feet in height shall be permitted, except for the first twenty feet of the access way ("pole"), as measured from the location where the pole abuts the street of access, in which case fences and walls shall be limited to forty-two inches in height. 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 seven 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), - -- - -- - -- •- - - -- •:- -- - - •:• e = • - '-. - '•-' - e : : •-:-, to a height that does not significantly impair a view from surrounding property, as described in Chapter 17.02 (Single-Family (RS) District), unless the director determines that a specific hedge height is needed to prevent the unreasonable invasion of privacy of the hedge owner and there is no other method by which the hedge owner can protect their privacy; Ordinance No. 546 Page 5 of 9 iii. When combined, the total height of 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 seven feet, as measured from grade on the higher side; c. Temporary construction fences, as defined in Chapter 17.96 (Definitions), up to six seven 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) 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, except as restricted by the intersection visibility requirements of Section 17.48.070 (Intersection Visibility) 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 (Intersection Visibility) of this title; and b. Fences /walls and hedges located behind front and street-side setbacks shall meet the following standards: i. Up to six seven 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 (Intersection Visibility) of this title; ii. When combined with a fence, the total height may not exceed eight feet, as measured from grade on the lower side and may not exceed six seven feet as measured from grade on the higher side; c. Temporary construction fences, as defined in Chapter 17.96 (Definitions), up to six seven 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) 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 seven 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 community development b. A fence or wall , or any combination thereof, located outside of a front yard Of street-side setback area which does not exceed eleven and one-half feet in height as Ordinance No. 546 Page 6 of 9 measured from grade on the lower side and six seven feet in height as measured from grade on the higher side; c. Fences higher than six seven 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 seven-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 or wall eF-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 (View Preservation and Restoration) of this title; c. On corner lots, intersection visibility as identified in Section 17.48.070 (Intersection Visibility) of this title is not obstructed; and d. The height of the retaining 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 forty-two 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 six feet in height; 2. The location and/or height of the existing or proposed hedge exceeding forty-two inches allows for the safe view of on-coming vehicular traffic and pedestrians by a driver exiting 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 forty-two inches 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. 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 forty-two inches and that the hedge shall be maintained at said height. 5. Hedges that exceed thirty inches in height and are located within the intersection visibility triangle shall be reviewed pursuant to the criteria set forth in Section 17.48.070(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 Ordinance No. 546 Page 7 of 9 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 (Q) 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 facade of the existing single-family residence closest to the front property line, in side yards between the street-side property line and the exterior facade 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 6: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code identified herein shall apply to all development applications submitted after the effective date of the adoption of said ordinance. Section 7: Existing hedges shall be governed by the provisions of this ordinance. Other than prior City approvals of any existing hedges, 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 Ordinance No. 546 Page 8 of 9 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. 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. PASSED, APPROVED, AND ADOPTED this 1st day of April 2014. 110 Mayor Attest: /7/4i,iffic 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, hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 546 passed first reading on March 18, 2014, was duly and regularly adopted by the City Council of said City Council at a regular meeting thereof held on April 1, 2014, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Knight, Misetich and Mayor Duhovic NOES: None ABSENT: None ABSTAIN: None C > /A. I die/ City Clerk Ordinance No. 546 Page 9 of 9 jill 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 April 2, 2014, she caused to be posted the following document entitled: ORDINANCE NO. 546,AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING SECTION 17.76.030 OF THE CITY MUNICIPAL CODE PERTAINING TO FENCES, WALLS AND HEDGES (CASE NO. ZON2012-00346), 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. ;) K ,, a._ /ati, , City Clerk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.546.doc