ORD 254 ORDINANCE NO. 254
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
APPROVING DEVELOPMENT CODE AMENDMENT NO. 29 AND
AMENDING CHAPTER 17.42 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE RELATING TO FENCES, WALLS AND HEDGES.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. The City Council finds and declares as follows:
A. Development Code revisions are necessary to ensure
that rear yard and side yard views from upslope lots
are protected from intentional or inadvertent impair-
ment by fences, walls, and hedges on adjacent, down-
slope lots; and
B. Development Code revisions are necessary to establish
criteria and provide for City review of fences, walls,
and hedges on lots adjacent to the rear and side yards
of contiguous or abutting lots; and
C. The Development Code revision is consistent with the
intent, policy and each element of the General Plan and
Coastal Specific Plan since the purpose of the revision
is to further implement the policies in the sensory and
corridor elements to provide additional protection of
views; and
D. The City Council has considered the contents of the
Initial Study for Environmental Assessment No. 570 and
finds that no significant adverse impacts on the
environment will result from this revision and that a
Negative Declaration should be issued for Environmental
Assessment No. 570.
Section 2 . Section 17.42.010 of Chapter 17.42 of Title 17
of the Rancho Palos Verdes Municipal Code is amended to read as
follows:
I/ 17.42 . 010 Purpose,. These standards provide for the
construction of fences and walls as required for privacy and
protection against hazardous conditions, dangerous visual
obstruction at street intersections, and unnecessary impairment
of views.
Section 3 . Section 17.42. 020 (B) (1) of Chapter 17.42 of
Title 17 of the Rancho Palos Verdes Municipal Code is amended to
read as follows:
17.42. 020 Fences, walls and hedges -- Permitted.
B. Fences, walls, and hedges located behind front and
street-side setbacks shall meet the following
standards:
1. 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 in Section
17.42. 022 and 17.42. 060. I/
Section 4 . Section 17.42 . 022 of Chapter 17.42 of Title 17
of the Rancho Palos Verdes Municipal Code is hereby added as
follows:
17.42 . 022 Fence, Wall & Hedge Permit Required.
A. Permit Required. A Fence, Wall & 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 to an interior side property line of
any contiguous or abutting parcel (as determined by the
Director) , except as specified below:
1. Fences, walls, or hedges located where the slope
across the adjacent lot, measured perpendicular to
the boundary between the two properties contiguous
to or abutting the fence, wall, or hedge does not
exceed five percent (5%) ; or
2 . Fences, walls, or hedges where the lot on which
the fence, wall, or hedge is proposed is located
upslope of any property contiguous to or abutting
the location of the fence, wall or hedge; or
3 . Fences, walls, or hedges for which the top of the
fence, wall, or hedge would be at an elevation
lower than the pad elevation of the upslope lot.
B. Findings. A Fence, Wall & Hedge permit may be approved
only if the Director finds as follows:
1. That the fence, wall or hedge would not
significantly impair a view from the viewing area,
as defined in Section 17. 02 .040; views shall be I/a standing position unless the primary
viewing area is more suitable to viewing in a
seated position. For the purposes of this
section, a windscreen (allowing 90% light passage)
shall be considered a fence.
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900723 Lem 0860159 (2)
Notwithstanding the above, the applicant's request
shall be approved if the Director determines that findings B.2
and B. 3 are met and either a or b below apply:
a. Denial would constitute an unreasonable
I/ 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 allowed
within the Development Code that would not
significantly impair a view from a viewing
area of another property; or,
b. Denial would prevent compliance with Section
17.42.040 (swimming pool fencing) and there
is no reasonable method, allowed within the
Development Code, by which the property
owner can comply with this section without
significantly impairing a view from a viewing
area of another property.
2 . That all foliage on the applicant's lot which
exceeds sixteen (16) feet or the ridgeline of the
primary structure, whichever is lower, and impairs
a view from the viewing area (as defined in Sec-
tion 17.02 . 040) of another parcel, shall be
removed prior to permit approval. This require-
ment 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 allowed within the Development
Code that does not impair a view from viewing area
of another property.
3 . 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,
C. Notice of the Director's decision shall be mailed to
the applicant and to all owners of property contiguous
to or abutting the proposed fence, wall or hedge.
1/ Said decision shall not be final for fifteen (15)
days, during which time any interested party may appeal
the Director's decision to the Planning- Commission.
1. Any appeal must be filed in writing, and shall
include the reasons for said appeal and an appeal
fee as established by resolution of the City
Council. Notice of the appeal shall be provided
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900723 tem 0860159 (2)
to all interested parties at least fifteen (15)
days prior to Planning Commission consideration of
the appeal.
2 . 6 The Planning Commission shall conduct a hearing
on the appeal and make a decision to deny or
uphold the appeal based on the criteria in Section
17.42 . 0228. 1-3 .
1/
D. The decision of the Planning Commission shall not be
final for fifteen (15) days, during which time any
interested party may appeal the Commission's decision
to the City Council. The process for appeal and
hearing at the Council shall be the same as that set
forth above for the Planning Commission. The City
Council 's decision shall be final.
E. The Director and/or the Planning Commission and/or the
City Council may impose such conditions on approval of
the permit that are deemed necessary to protect the
public health, safety, and welfare and carry out the
purpose and intent of this section.
F. In the case of conflict between these provisions and
other provisions of the Development Code or the
Building Code, the most restrictive provisions apply.
Section 5. The City Clerk shall certify to the
passage of this Ordinance and shall cause this Ordinance to be
published or posted as required by law.
PASSED, APPROVED, and ADOPTED this 1st day of M. , ,
1990.
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CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes
do hereby that the whole number of members of the City
Council of said City ' s five; that the foregoing ordinance No 254,
passed first reading on April 17, 1990, was duly and regularly
adopted by the City Council of said City at a regular meeting there-
of held on May 1 , 1990, and that the same was passed and adopted by
the following roll call vote:
AYES: McTAGGART, HINCHLIFFE, RYAN, BACHARACH & MAYOR HUGHES
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE if
0 / 3
Al I ._ALI_ _r._,L.■
900723 lem 0860159 (2) CITY
CLERK
-4- ORD. No. 254
ORDINANCE 254
a: i.4
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, desposes and says :
That at all times herein mentioned, she was and now is the
duly qualified City Clerk of the City of Rancho Palos Verdes ,
Y Y
California:
That on the 4th day of May , 1990 , she caused to
be posed in three conspicuous places , as required by law the
following :
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING DEVELOPMENT
CODE AMENDMENT NO. 29 AND AMENDING CHAPTER 17. 42 OF THF. RANCHO
PALOS VERDES MUNICIPAL CODE RELATING TO FENCES, WALLS AND HEDGES.
a copy of which is attached hereto, in the following public places
in the City:
CITY HALL
RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274
LOS ANGELES COUNTY FIRE STATION
MIRALESTE STATION
4000 MIRALESTE PLAZA
RANCHO PALOS VERDES, CALIFORNIA 90274
U. S. POST OFFICE
28649 SOUTH WESTERN AVENUE
RANCHO PALOS VERDES , CALIFORNIA 90732
I certify under penalty of perjury that the foregoing is a true and
correct affidavit of posting .
fir
1 j'1 PURCELL, CMC
t Y CLERK
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360