ORD 543UORDINANCE NO. 543U
AN INTERIM ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ENACTED
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 EXTENDING A
MORATORIUM ESTABLISHED BY URGENCY ORDINANCE NO. 541U REGARDING THE
REPLACEMENT OR REPAIR OF PRIVATELY OWNED FENCES OR WALLS ALONG
ARTERIAL STREETS WITHIN THE CITY AND DECLARING THE URGENCY THEREOF.
WHEREAS, over the past few years existing fences and walls along major arterial streets within
the City have needed repair or replacement due to aging conditions, vehicle accidents or other
factors; and,
WHEREAS, in some cases these fences and walls have been repaired or replaced with materials
that differ from those that were installed originally and, by their inconsistency, have adversely
altered the visual character of the area and have adversely affected the aesthetic condition of the
arterial corridor; and,
WHEREAS, currently the City's Development Code does not regulate the repair or reconstruction
of fences or walls along the arterial streets within the City and only specifies that chain link, chicken
wire and fiberglass fences are prohibited in rear yard setbacks which abut specified arterial streets;
and,
WHEREAS, residents have alerted City Staff that the owners of certain properties are planning to
replace their existing rear property line fences or walls along arterial streets. Because the City's
development code does not provide any specific regulations or restrictions regarding the repair or
replacement of privately owned fences or walls along the City's arterial streets, property owners
could use materials that differ from the pre- existing wall or fence, thereby constructing segments of
walls or fences that do not match the remainder of the pre- existing original wall or fence, which
could create an aesthetic blight within these areas of the City; -
WHEREAS, on November 7, 2012, the City Council adopted Urgency- Ordinance No. 541U,
imposing a moratorium on the replacement or repair of privately owned fences or walls along
arterial streets within the City, which is effective for 45 -days and will expire on December 21, 2012;
WHEREAS, in order to improve the uniformity and visual character of the City's arterial corridors,
an extension to the moratorium on the replacement or repair of privately owned fences or walls
along arterial streets is needed to allow additional time for the City to develop various options for the
Planning Commission and City Council to consider to establish criteria for the consistent and
aesthetically pleasing repair or replacement of such fences or walls;
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 15061(b)(3) et seq., the City's Local CEQA Guidelines, and
Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City
Council cif, the City of Rancho Palos Verdes has determined that there is no substantial evidence
that approval of this Ordinance would result in a significant adverse effect on the environment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
ORDAIN AS FOLLOWS:
Section 1: The interim moratorium prohibiting the replacement or repair of privately owned
fences or walls along arterial streets within the City, which was adopted as Ordinance No. 541 U
on November 7, 2012, is hereby extended pursuant to Government Code Section 65858 for a
period of ten months and fifteen days, up to and including November 6, 2013.
Section 2: The City Council further finds that this ordinance has no likelihood of causing a
significant adverse impact on the environment and, accordingly, both the City Council's action of
adopting this ordinance and the effects that are derived from that adoption are found to be exempt
from the application of the California Environmental Quality Act, as amended, pursuant to Section
15061(b)(3) of the State CEQA Guidelines (Title 14 CCR. 15061(b)(3).) This finding is premised
on the fact that the adoption of this ordinance extending the moratorium will maintain the current
environmental conditions arising from the existing fences or walls, and that repair or replacement
of these fences or walls on residential properties will not alter these environmental conditions.
Section 3: In order to protect the public health, safety and welfare it is necessary for the City
of Rancho Palos Verdes to adopt an ordinance to extend the moratorium on the repair and
reconstruction of walls or fences along the arterial streets in order for the City to establish criteria
through a code amendment that would regulate the repair and reconstruction of these walls and
fences in a manner which is uniform and harmonious with the arterial streets' visual corridors.
Therefore, this ordinance is necessary to protect the public health, safety and welfare and shall
take effect immediately upon its adoption as an urgency Ordinance.
Section 4: The City Clerk of the City of Rancho Palos Verdes shall certify to the passage
and adoption of this ordinance and shall cause the same to be posted in the manner required by
law.
PASSED, APPROVED AND ADOPTED THIS 18" DAY OF DECEMBER 2012.
Mayor
2 ATT T:
City Cierk
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, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 5430 was
duly and regularly adopted by the City Council of said City at a regular meeting thereof held on December
181 2012, and that the same was passed and adopted by the following roll call vote:
AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
Ordinance 543U
Page 2 of 2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS
CITY OF RANCHO PALOS VERDES)
RANCHO PALOS VERDES
AFFIDAVIT OF POSTING
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 December 19, 2012, she caused to be posted the following document
entitled: ORDINANCE NO. 543U, AN INTERIM ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES ENACTED PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858 EXTENDING A MORATORIUM
ESTABLISHED BY URGENCY ORDINANCE NO. 541U REGARDING THE
REPLACEMENT OR REPAIR OF PRIVATELY OWNED FENCES OR WALLS
ALONG ARTERIAL STREETS WITHIN THE CITY AND DECLARING THE
URGENCY THEREOF, a copy of which is attached hereto, in the following
locations:
City Hall
30940 Hawthorne Blvd.
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
posting.
Ladera Linda Community Center
32201 Forrestal Drive
Rancho Palos Verdes
certify under penalty of perjury that the foregoing is a true and correct affidavit of
x
City Clerk
MFORMS \Form 150 Archived Affidavits (old�Form 150 - Affidavit of Posting Ordinance No. 543U.doc