ORD 657 ORDINANCE NO. 657
111 AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 17.76.030 (FENCES,
WALLS AND HEDGES) OF SECTION 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF
ARTICLE VII (DEVELOPMENT APPLICATION AND
REVIEW) OF TITLE 17 (ZONING) OF THE RANCHO
PALOS VERDES MUNICIPAL CODE TO ENSURE THAT
NEW WALLS, FENCES, OR HEDGES DO NOT
SIGNIFICANTLY IMPAIR VIEW CORRIDORS OR
VIEWING STATIONS
WHEREAS, on May 4, 2021, the City Council of the City of Rancho Palos Verdes
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 view corridors and expressed concern that views from
vehicular roadways are being eroded throughout the City.
WHEREAS, on May 4, 2021, 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, based on staff and Planning Commission recommendation, the City
Council now 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.
WHEREAS, on October 7, 2021, pursuant to the City's Municipal Code, a notice
of public hearing before the Planning Commission 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 and approved P.C. Resolution No. 2021-18, recommending that the City
Council consider adopting revisions to Section 17.76.030 of the RPVMC.
WHEREAS, on January 27, 2022, a public notice was published in the Palos
Verdes Peninsula News, providing a notice of a public hearing before the City Council
on February 15, 2022.
WHEREAS, on February 15, 2022, the City Council conducted a duly noticed
111 public hearing on this Ordinance, and considered P.C. Resolution No. 2021-18, the
written staff reports, and all relevant testimony and documents provided.
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been
met.
NOW, THEREFORE, THE CIN 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 17.76.030
(Fences, Walls and Hedges) of Chapter 17.76 (Miscellaneous Permits and
Standards) of Article VII (Development Application and Review) 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. Section 17.76.030 (Fences, Walls and Hedges) of Chapter 17.76
(Miscellaneous Permits and Standards) of Article VII (Development Application and
Review) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code is hereby
amended as follows (new text in bold underline):
Section 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 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
abutting a city-designated viewing station identified in the city's general
plan or coastal specific plan, 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 upslope of any property
contiguous to or abutting the location of the fence, wall or hedge; or
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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 their designee is
able to determine that there will be no view impairment to an adjacent
property owner, or no view impairment from 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 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, assessments
from view corridors and viewing stations 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, - - - - - = '-- - a •- '- = - -- ' -- = - -. - = -
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 removed 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
Ordinance No 657
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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 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 city-designated viewing station.
4. Notice of Decision. The notice of decision of a fence/wall permit made pursuantII
to Section 17.76.030(B)(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
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:
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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
111 Residential (RS) Districts), or from 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
(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
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Page 5 of 9
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 11% 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
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 areas as defined in
Section 17.02.040 (View Preservation and Restoration) of this title, of
an adjacent parcel or from any city-designated street or a public
viewing station, - -- •- - •- - • • , ! • - - - - --
Resteratien)-ef-this-title;
c. On corner lots, intersection visibility as identified in Section 17.48.070
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(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 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).
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
Ordinance No. 657
Page 7 of 9
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.
111
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
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.
Section 4. This Ordinance is exempt from the California Environmental
Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of
minor revisions and clarifications to an existing zoning code and will not have the
effect of deleting or substantially changing any regulatory standards or findings.
The proposed Ordinance is an action that does not have the potential to cause
significant effects on the environment.
:Section 5. If anysection, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every section, subsection, sentence,
clause and phrase thereof not declared invalid or unconstitutional without regard to
whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
Ordinance No. 657
Page 8 of 9
Section 6. The City Clerk shall certify to the passage and adoption of this
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted.
This Ordinance shall take effect immediately, pursuant to the authority conferred upon
the City Council by Government Code section 36937. The City Clerk shall cause a
summary of this ordinance to be published in accordance with Government Code
section 36933 in a newspaper of general circulation which is hereby designated for that
purpose.
Section 7. Effective Date. This Ordinance shall go into effect on the 31st day
after its passage.
PASSED, APPROVED AND ADOPTED this 1st day of March 2022.
David L. Bradley, Mayor
Attest:
111
q- resa6tkitClerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, TERESA TAKAOKA, 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. 657 passed first reading on February 15, 2022, was duly
adopted by the City Council of said City at a regular meeting thereof held on March 1,
2022, and that the same was passed and adopted by the following roll call vote:
AYES: Alegria, Cruikshank, Dyda, Ferraro and Mayor Bradley
NOES: None
ABSENT: None
ABSTAIN: None
resa = = • ca, City Clerk
Ordinance No. 657
Page 9 of 9
h{ y
CITY OF RANCHOfPALOS 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 City Clerk of
the City of Rancho Palos Verdes;
That on March 2, 2022, she caused to be posted the following document
entitled: ORDINANCE NO. 657, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING SECTION 17.76.030
(FENCES, WALLS AND HEDGES) OF SECTION 17.76
(MISCELLANEOUS PERMITS AND STANDARDS) OF ARTICLE VII
(DEVELOPMENT APPLICATION AND REVIEW) OF TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE
TO ENSURE THAT NEW WALLS, FENCES, OR HEDGES DO NOT
SIGNIFICANTLY IMPAIR VIEW CORRIDORS OR VIEWING
STATIONS, 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.
aefig4frAdd
• y Clerk