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PC RES 2012-013 P.C. RESOLUTION NO. 20112-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE, TO AMEND THE INTERSECTION VISIBILITY TRIANGLE REVIEW PROCESS AND ESTABLISH PROCEDURES ALLOWING HEDGES ABOVE 42" WITHIN THE FRONT YARD SETBACK OF RESDIENTIAL PROPERTIES ( ON2010-00293) 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, Wall's and Hedges), acknowledging that there are non-conforming properties within the City that currently have hedges that exceed the allowable; and WHEREAS, on February 1, 2011, Staff recommended that the City Council withdraw the code amendment based on the finding that allowing hedges over 42" in height may be detrimental to public safety. However, the City Council felt that there may be situations where a hedge over 42" in height within the front yard setback could be allowed and directed Staff to create a new permit process; 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, a notice was published on May 5, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code; 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 May 24, 2011, the Planning Commission continued the public hearing to June 14, 2011, thereby allowing Staff additional time for analysis; and, WHEREAS, on June 14, 2011, the Planning Commission continued the public hearing to July 26, 2011 and directed Staff to provide additional information related to the criteria used for traffic visibility analysis and consider a modified process to allow hedges in excess of 42"'. and, WHEREAS, on July 26, 2011„ the Planning Commission approved the code amendment with a modification and directed Staff to prepare a resolution of approval for adoption at the August 9, 2011 public hearing; and, WHEREAS, on August 9, 2011, the Planning Commission continued the public hearing and directed Staff to bring back the resolution for adoption on the next consent calendar agenda when all seven Commissioners are expected to be present; and, P.C. Resolution No. 2012-13 Page 1 of 10 WHEREAS, on September 27, 2011, the Planning Commission failed to adopt a resolution for approval and therefore continued the public hearing and directed Staff to re-notice the item for further discussion at a future meeting; and, WHEREAS, a notice was published on October 6, 2011, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on October 25, 2011, since not all Commissioners were present to discuss the code amendment in detail, the Planning Commission continued the public hearing to a future meeting at which time all seven Commissioners were expected to be present; and, WHEREAS, on January 10, 2012, the Planning Commission directed Staff to provide a status update on the proposed code amendment to the City Council to seek direction as to whether to continue with the proposed code amendment; and, WHEREAS, on May 1, 2012, the City Council directed Staff and the Planning Commission to create a process whereby residents could apply for a discretionary permit to allow hedges exceeding 42" in height within the front yard setback; and, WHEREAS, a notice was published on June 7, 2012, pursuant to the requirements of the Rancho Palos Verdes Development Code; and, WHEREAS, on June 26, 2012, the Planning Commission continued the public hearing to July 24, 2012, with a request that a Public Works Staff member be present to answer questions related to the analysis criteria and directed Staff to prepare a resolution of approval for adoption-, and, WHEREAS, the Planning Commission held a duly noticed public hearing on July 24, 2012, at which time all interested par-ties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The Planning Commission 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 Planning Commission 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 Planning Commission 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. P.C. Resolution No. 2012-13 Page 2 of 10 Section 4: The Planning Commission 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: The Planning Commission recommends to the City Council that Chapters 17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) of Title 17 be revised to read as follows (the underlined text represents new language-, the text in strikE?through is to be deleted): 17,48.070 — Intersection Visibility X 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 planning 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 traffic by a driver approaching an intersection, and thus no intersection visibility impacts would result. Upon approval by the planning GOMMISEik)-^ of any such structure or improvement, the director shall provide written notice of the PlaRRiRg GGRqRqiGSi9R'S 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 GeMMissjen's director's decision to the Gity GGURGil planning commission pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures) of this title. 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. P,C, Resolution No. 2012-13 Page 3 of 10 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 orhedge; 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. 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 (13)(2)(a) of this section), the applicant's request shall be approved if the director determines P.C. Resolution No. 2012-13 Page 4 of 10 that findings (2)(b) and (2)(c) (subsections (6)(2)(b) and (13)(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 comply with subsection E of this section that would not significantly impair a view from a viewing area of another property, 1 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. & 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; P.C. Resolution No. 2012-13 Page 5 of 10 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 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: P.C. Resolution No. 2012-13 Page 6 of 10 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 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. H. 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; P.C. Resolution No. 2012-13 Page 7 of 10 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 and/or 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 another visual impairment that would adverse]V 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 another 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 (as adopted by City Council) for a Site Plan Review permit and obtains approval of said permit. The approv.a.] of saj.d_permit shall include a condition of approval that specifies the hedge's P.C. Resolution No, 2012-13 Page 8 of 10 permitted heig.ht above 42"and that the hedge shall be maintained at said height. F. General Regulations. 3, 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. 4. 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. 5. 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. 6. 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. 7. Chain link, chicken wire and fiberglass fences are prohibited in front yards between the front property line and the exterior fagade of the existing single-family residence closest to the front property line, in side yards between the street-side property line and the exterior fagade 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; P.C. Resolution No. 2012-13 Page 9 of 10 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 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 7: 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. Section 8: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council adopt an Ordinance to amend Chapters 17.48.070 (intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) of Title 17 (Zoning) of the City's Municipal Code to revise the review process for structures within the intersection visibility triangle area and to create a new process to allow hedges above 42" in height up to 6' maximum within the front yard setback of residential properties (ZON2010-00293). PASSED, APPROVED AND ADOPTED this 24�h day of July 2012, by the following vote: AYES: Commissioner Leon, Nelson, Tomblin, Vice Chairman Emenhiser, Chairman Tetreault NOES, Commissioner Gerstner ABSTENTIONS: Commissioner Lewis RECUSALS- None ABSENT:None Waulault Chairman Joel Ro' s, ICP Comm vity�f t evelopm�4/Director and Secreta f the Planning Commission P.C. Resolution No. 2012- 13 Page 10 of 10