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PC RES 2021-018 P.C. RESOLUTION NO. 2021-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS TO CHAPTER 17.76 (FENCES, WALLS, & HEDGES) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE (CASE NO. PLCA2021-0004). WHEREAS, the City's General Plan seeks to protect views, called viewing stations, enjoyed by the majority of the public (Visual Resources); and, WHEREAS, on May 4, 2021, the City Council received a staff presentation about preserving views from the City's vehicular view corridors, as described in the General Plan. During City Council discussion on the matter, the City Council identified fences and walls that have been installed that impair views as taken from City vehicular view corridors, and expressed concern that views from vehicular roadways are being eroded throughout the City. WHEREAS, on May 4, the City Council directed staff and the City's Planning Commission to explore code amendments that would ensure that new walls or fences do not significantly impair roadway views from not only City's view corridors or arterial roads, but from all roadways within the City. WHEREAS, the City desires to amend the municipal code to strengthen fence, wall and hedge regulations that require view impairment assessments from viewing stations designated in the General Plan and to add public streets part of those view assessments. WHEREAS, on October 7, 2021, pursuant to the City's Municipal Code, a public notice was published in the Peninsula News, inviting public comments on the proposed amendments to Section 17.76.030 of the Rancho Palos Verdes Municipal Code (RPVMC). WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed public hearing to consider the proposed amendments to Section 17.76.030 of the RPVMC. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The facts set forth in the recitals of this Resolution are true and correct and incorporated fully herein by reference. Section 2: The Planning Commission has reviewed and considered the proposed code amendments to Section 17.76 (Fences, Walls, & Hedges) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code, as presented in `Exhibit A'. Section 2: The proposed amendments are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, not hinder, the goals and policies of those plans. Section 3: The proposed code amendments comply with the requirements of the California Environmental Quality Act (CEQA). Staff has determined that the proposed text amendments are exempt from environmental review under CEQA pursuant to Section 15061(b)(3) as the amendments can be seen with certainty that there is no possibility that new fence or wall proposals nor the enforcement of violating hedges will have a significant effect on the environment. Section 4: For the foregoing reasons, and based on information and findings contained in the public record, including staff reports, minutes, records of proceedings, and evidence presented at the public hearings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.76 (FENCES, WALLS, & HEDGES) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ENSURE THAT NEW WALLS, FENCES, OR HEDGES DO NOT SIGNIFICANTLY IMPAIR ROADWAY VIEWS (CASE NO. PLCA2021-0004)" in the form attached to this Resolution as Exhibit "A". PASSED, APPROVED, AND ADOPTED this 26th day of October 2021. AYES: COMMISSIONERS CHURA, JAMES, LEON, SAADATNEJADI, VICE-CHAIR HAMILL AND CHAIR PERESTAM NOES: COMMISSIONER SANTAROSA ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Step en Perestam Chair / , Ken Rukavina, P.E. Director of Community Development Secretary to the Planning Commission Resolution No. 2021-18 Page 2 of 12 EXHIBIT "A" DRAFT ORDINANCE NO. Please see attached. Resolution No. 2021-18 Page 3 of 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.76 (FENCES, WALLS, & HEDGES) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO ENSURE THAT NEW WALLS, FENCES, OR HEDGES DO NOT SIGNIFICANTLY IMPAIR ROADWAY VIEWS (CASE NO. PLCA2021-0004) WHEREAS, the City's General Plan seeks to protect views, called viewing stations, enjoyed by the majority of the public (Visual Resources); and, WHEREAS, on May 4, 2021, the City Council received a staff presentation about preserving views from the City's vehicular view corridors, as described in the General Plan. During City Council discussion on the matter, the City Council identified fences and walls that have been installed that impair views as taken from City vehicular view corridors, and expressed concern that views from vehicular roadways are being eroded throughout the City. WHEREAS, on May 4, the City Council directed staff and the City's Planning Commission to explore code amendments that would ensure that new walls or fences do not significantly impair roadway views from not only City's view corridors or arterial roads, but from all roadways within the City. WHEREAS, the City desires to amend the municipal code to strengthen fence, wall and hedge regulations that require view impairment assessments from viewing stations designated in the General Plan and to add public streets part of those view assessments. WHEREAS, on October 7, 2021, pursuant to the City's Municipal Code, a public notice was published in the Peninsula News, inviting public comments on the proposed amendments to Section 17.76.030 of the Rancho Palos Verdes Municipal Code (RPVMC). WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed public hearing to considerthe proposed amendments to Section 17.76.030 of the RPVMC. WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed public hearing, and adopted P.C. Resolution No. 2021- , recommending that the City Council adopt this Ordinance; and WHEREAS, on , a public notice was published in the Palos Verdes Peninsula News, providing a notice of a public hearing before the City Council on ; and Resolution No. 2021-18 Page 4 of 12 WHEREAS, on , the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made a part of the public record; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.0 Resolution No. 2021- , written staff reports, and any testimony provided at the public hearing; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated fully herein by reference. B. It is the intent and purpose of this Ordinance that Section 17.76 (Fences, Walls, & Hedges) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code be amended to ensure public area view assessments be conducted for new fences, walls and hedges. SECTION 2. The proposed code amendment to Title 17 adopted herein is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. SECTION 3: The proposed code amendments comply with the requirements of the California Environmental Quality Act (CEQA). Staff has determined that the proposed text amendments are exempt from environmental review under CEQA pursuant to Section 15061(b)(3) as the amendments can be seen with certainty that there is no possibility that new fence or wall proposals nor the enforcement of violating hedges will have a significant effect on the environment. SECTION 3. Chapter 17.76 of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is hereby amended as follows (new text in bold underline): 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 permit shall be required for any fence or wall placed within the rear yard or side yard setback adjacent to any contiguous or abutting parcel (as determined by the director) or placed adjacent to or Resolution No. 2021-18 Page 5 of 12 abutting a public viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station, except as specified below: a. Fences or walls 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 upslopeof any property contiguous to or abutting the location of the fence, wall or hedge; or c. Fences or walls when the top of the fence or wall 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 or his/her designated representative is able to determine that there will be no view impairment to an adjacent property owner or no view impairment from a public viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station, 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 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 subsection (B)(3) of this section. 3. Findings. A fence/wall permit may be approved only if the director finds as follows: a. That the fence or wall 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, a viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing area. Within the City's Coastal Zone, roadway views shall be taken in accordance with the City's Coastal Specific Plan and/or City Council Policy No. 49. Within residential viewing areas, views shall be taken from a standing position; Resolution No. 2021-18 Page 6 of 12 position; b. That foliage on the applicant's lot which exceeds 16 feet or the ridgeline of the primary 'structure, whichever is lower, and significantly 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 station area, shall be femeved trimmed or removed prior to permit approval. This requirement shall not apply where trimming or 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 shall comply with all applicable standards and requirements of the Rancho Palos Verdes Municipal Code and general plan; d. Notwithstanding finding (a) of this subsection (B)(3), the applicant's request shall be approved if the director determines that findings of paragraphs (b) and (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 from a public viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station; or ii. Denial would prevent compliance with the swimming pool fencing requirements contained in subsection (F)(3) of this section and there is no reasonable method to comply with subsection (F)(3) of this section that would not significantly impair a view from a viewing area of another property or from a public viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station. 4. Notice of Decision. The notice of decision of a fence/wall permit made pursuant to Section 17.76.030(6)(3) shall be given to the applicant and to all owners of property adjacent to 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. 5. 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. 6. The director, the planning commission and city council may impose such Resolution No. 2021-18 Page 7 of 12 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. 7. 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 42 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 42 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 seven feet in height shall be permitted, except for the first 20 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 and hedges shall be limited to 42 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 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 shall be permitted on any part of a lot not subject to subsection (C)(1)(a), to a height that does not significantly impair a view from surrounding property, as described in Chapter 17.02 (Single-Family Residential (RS) Districts), or from a public street or viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station, 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; iii. When combined, the total height of a fence, freestanding wall or retaining wall may not exceed eight feet, as measured from grade on the lower side, and may not exceed seven feet, as measured from grade on the higher side; c. Temporary construction fences, as defined in Chapter 17.96 Resolution No. 2021-18 Page 8 of 12 (Definitions), up to 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 42 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 42 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 located behind front and street-side setbacks shall meet the following standards: i. Up to 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 seven feet as measured from grade on the higher side; c. Temporary construction fences, as defined in Chapter 17.96 (Definitions), up to 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 42 inches and up to seven feet in height located in the front 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 setback area which does not exceed 111/2 feet in height as measured from grade on the lower side and seven feet in height as measured from grade on the higher side; c. Fences higher than 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 Resolution No. 2021-18 Page 9 of 12 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 seven-foot height shall be constructed of wire mesh, or similar material, capable of admitting at least 80 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 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,. as defined in Section 17.02.040 (View Preservation and Restoration) of this title, of an adjacent parcel or from any public street or a public viewing station, as defined in Section 17.02.040 (View Preservation and which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station; 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 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 six feet in height; 2. The location and/or height of the existing or proposed hedge exceeding 42 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 42 inches does not significantly impair a view from the viewing area of a residential parcel as defined in Section 17.02.040 (View Preservation and Restoration) of this title or from any public street or public viewing station, which has been identified in the city's general plan or coastal specific plan, as a city-designated viewing station. 4. The property owner submits a complete application and fee for a minor exception permit 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 inches and that the hedge shall be maintained at said height. 5. Hedges that exceed 30 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). Resolution No. 2021-18 Page 10 of 12 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 18 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 12 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. 6. Replacement of Privately Owned Fences and Walls along Arterial Streets. Any existing fence or wall that is part of an existing uniform fence or wall design and Resolution No. 2021-18 Page 11 of 12 is located within a rear yard setback of a private property located along any of the arterial streets listed in Section 17.76.030(F)(5) shall be replaced or repaired at the same height and location and with the same materials and color as the original uniform fence or wall, to the satisfaction of the community development director. Resolution No. 2021-18 Page 12 of 12