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CC RES 2014-016 RESOLUTION NO. 2014-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ADDENDUM NO. 8 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO.510,FOR A CODE AMENDMENT TO REVISE RPVMC CHAPTER 17.76.030 (FENCES, WALLS AND HEDGES). WHEREAS, on June 1, 2010, the City Council adopted Resolution No. 2010-43, thereby adopting a certified Negative Declaration ("ND") for miscellaneous amendments to Title 17 of the City's Municipal Code to enact the Residential Development Steering Committee Code Amendment and Zone Change (Ordinance No. 510) and, WHEREAS, on September 21, 2010, the City Council adopted Addendum No. 1 to the certified ND for Ordinance No. 510 and adopted Ordinance No. 513U, approving minor changes to Chapter 17.38 of the Development Code to correct the omission of Specific Plan District VII, and to change the designation of specific plan districts from numbered to descriptive titles; and, WHEREAS, on November 15, 2011, the City Council adopted Addendum No. 2 to the certified ND for Ordinance No. 510 and adopted Ordinance No. 529, approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's Development Code which clarified code language, removed code language discrepancies, and codified existing policy procedures and/or application requirements; and, WHEREAS, on February 7, 2012,the City Council adopted Addendum No. 3 to the certified Negative Declaration for Ordinance NO. 510 and adopted Ordinance No. 532, approving a code amendment to allow the movement of an open space hazard boundary line from thirty feet to one hundred feet through an interpretation procedure; and, WHEREAS, on April 3, 2012, the City Council adopted Addendum No. 4 to the certified Negative Declaration for Ordinance No. 510 and adopted Ordinance No. 535, approving a code amendment to revise Chapters 17.02, 17.04, and 17.98 of the Municipal Code to regulate the number of residential garage sales; and, WHEREAS, on July 16, 2013, the City Council approved Resolution No. 2013-48 that approved Addendum No. 5 to the certified ND for a proposed code amendment to revise Chapter 17.76.030 of the Development Code pertaining to the Fences, Walls and Hedges permits; and, WHEREAS, on August 6, 2013, in consideration of a proposed code amendment to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), Addendum No. 6 to the certified ND for a proposed code amendment was presented to the City Council, who continued the item to a future meeting in order provide additional information; and, WHEREAS, on September 17, 2013,the City Council approved Resolution No.2013-64 that approved Addendum No. 7 to the certified ND for a proposed code amendment to revise RPVMC Chapter 17.76.100 (City Tree Review Permit); and, WHEREAS, Municipal Code Section 17.76.030 (Fences, Walls and Hedges) provides standards for the construction of fences,walls and hedges as required for privacy and for protection against hazardous conditions, dangerous visual obstruction at street intersections and unnecessary impairment of views; and, WHEREAS, while the Municipal Code addresses the permit process for fences, walls or hedges proposed to be constructed along either rear property line abutting other rear property lines, or side property lines abutting other side property line,the Code does not address other property line configurations outside of rear to rear or side to side property lines; and, WHEREAS, on October 16, 2012, Councilman Knight presented a request to the City Council to move forward with a code amendment to correct this loophole in the Municipal Code's existing language; and, WHEREAS, on November 20, 2013,the City Council initiated a Code Amendment to revise Municipal Code Section 17.76.030 (Fences, Walls and Hedges) to require any new fence, wall or hedge within specified setbacks be subject to a Fence, Wall and Hedge permit, thereby affording view protection from said new fences,walls and hedges to more property owners, and also to make minor clean-up amendments to Municipal Code Section 17.76.030 to clarify hedge heights and applicability of Minor Exception Permit for fences; and, WHEREAS, on May 14, 2013, the Planning Commission moved to continue the public hearing to May 28, 2013, with direction to Staff to: draft a resolution for adopting which would recommend that the City Council adopt the code amendment to RPVMC Section 17.76.030, as recommended by Staff, and include a recommendation to the Council that the$2,192 Fence, Wall and Hedge Permit application fee be partially subsidized by the City; and, WHEREAS, on May 28, 2013,the Planning Commission adopted P.C. Resolution No.2013- 10, thereby recommending that the City Council adopt an ordinance revising Section 17.76.030 of the City's Municipal Code, as recommended by Staff; and, WHEREAS, on July 16, 2013, the City Council held a duly noticed public hearing, at which time they adopted Resolution No. 2013-48, approving addendum No. 5 to the Negative Declaration for Ordinance No. 510,for a Code Amendment to revise RPVMC Chapter 17.76.030(Fences,Walls and Hedges); and introduced Ordinance No. 546, amending RPVMC Section 17.76.030(6)(1) to require the approval of a Fence, Wall and Hedge (FWH) permit for any new fence within a rear or side yard setback; amending RPVMC Section 17.76.030(C)(1)(b)(iv) to clarify the existing height limitations applicable to combination walls/hedges; and amending RPVMC Section 17.76.030(D)(1)(a)to clarify that a Minor Exception permit is not required for any fence higher than 42 inches up to 6 feet within the street-side setback. The City Council also directed Staff to look into the FWH application fee, and bring back a subsidized (lower)fee based on a stream-lined process; and, WHEREAS, on August 6, 2013, based upon Staffs recommendation, the City Council directed Staff to take the proposed streamlining component of the Fence, Wall and Hedge application process back to the Planning Commission to obtain the Commission's feedback on the additional code language; and, WHERAS, on September 10, 2013, the Planning Commission reviewed Staffs proposed amendments to create an initial site visit step for the application process whereby Staff assesses view impacts on a preliminary basis to determine if a permit is warranted, and directed Staff to make additional changes to the language, including removing "hedges"from the application process so that they are reviewed similar to the City's View Ordinance and differently than fences and walls, and to bring back revised code language at a future hearing; and, Resolution No. 2014-16 Page 2 of 5 WHEREAS, on November 12, 2013,the Planning Commission continued the public hearing in order for Staff to integrate the City Council initiated code amendment to increase the allowable height of free-standing walls/fences from 6 feet to 7 feet per the new edition of the California Building Code; and, WHEREAS, on December 10, 2013, the Planning Commission reviewed Staffs proposed code amendments, including amendments and additional code language to remove"hedges"from the application process, allow hedges located outside of the front and street-side setbacks to grow to an unspecific height provided views from surrounding residences are not significantly impaired, change the allowable height of freestanding fences and walls outside of the front or street-side setback areas from 6 feet to 7 feet, and clarified the height limitations of fences, walls and hedges for flag lots. Staff was directed to return with a resolution for adoption that would recommend all discussed changes to the City Council for adoption; and, WHEREAS, on January 28, 2014, the Planning Commission adopted P.C. Resolution No. 2014-05, recommending that the City Council adopt an ordinance amending Section 17.76.030 of the City Municipal Code pertaining to fences, walls and hedges, and recommending adoption of a resolution approving addendum No. 8 to the certified ND for Ordinance No. 510, for a Code Amendment to revise RPVMC Section 17.76.030; and, WHEREAS, on February 26,2014, a notice was sent to 65 homeowners associations and to interested parties within the City of Rancho Palos Verdes informing them of this proposed code amendment; and, WHEREAS, on February 27, 2014, notice of the public hearing on the proposed amendments to RPVMC Section 17.76.030 of the Municipal Code was published in the Palos Verdes Peninsula News; 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 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 City determined that there is no substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly,Addendum No. 8 to the Negative Declaration for Ordinance No. 510, has been prepared; and, WHEREAS, on July 16, 2013, the City Council held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1:Addendum No. 8 is for an environmental assessment in conjunction with a code amendment to revise the Fences, Walls and Hedges Section of the Development Code (RPVMC Section 17.76.030)that would: 1) revise RPVMC Section 17.76.030(B)(1)to require the approval of a Fence,Wall and Hedge Permit for any new fence or wall within any side and rear yard setback; 2) revise Section 17.76.030.B to remove"hedges"from the Fence,Wall and Hedge Permit application process; 3)add new code language to Section 17.76.030(6)(2)to create an initial site visit step for a Fence/Wall Permit whereby Staff can assess view impacts on a preliminary basis to determine if a Fence/Wall Permit is warranted; 4) revise Section 17.76.030(C)(1)(b)(ii) to allow hedges located outside of the front and street-side setbacks to grow to an unspecific height provided views from surrounding residences are not significantly impaired; 5) revise Section 17.76.030(C)(1)(b)(i) to Resolution No. 2014-16 Page 3 of 5 change the allowable height of freestanding fences and walls outside of the front or street-side setback areas from 6 feet to 7 feet; 6) revise Section 17.76.030(C)(1)(a)(iii) to clarify the height limitations for fences and walls within the pole of a flag lot; and 7) revise Section 17.76.030(D)(1)(a) to clarify that a Minor Exception Permit is not required for any fence higher than 42 inches up to 7 feet within the street-side setback Section 2: In approving Addendum No. 8 to the Negative Declaration for Ordinance No.510, the City Council has reviewed and considered the Addendum No. 8 document, attached hereto and made a part thereof as Exhibit"A". Section 3:Addendum No. 8 identifies no new significant adverse environmental impacts to the areas listed below: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 4: Addendum No. 8 identifies that the proposed revisions will not result in any significant environmental impacts, and the circumstances under which the code amendment is being undertaken have not substantially changed since the CEQA determination was made for the Negative Declaration adopted through Resolution No. 2010-43 for Ordinance No. 510. The proposed revisions relate to the process of reviewing and approving a new fence or wall to address any significant view impairment issues, as well as revising how hedges are reviewed to address any potential significant view impairment on an as needed basis. Section 5: No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Negative Declaration for Ordinance No. 510 was adopted, identifies a significant environmental effect, as all proposed revisions are directly related to the review of any proposed new fence or wall, as well as view impairment caused by any existing or new hedge. Also, because the revisions to the Code result in more view protection, the proposed Code amendment does not result in an environmental impact that was not evaluated previously in the Mitigated Negative Declaration. Section 6:All findings and attachments contained in Resolution No.2010-43, as adopted by the City Council on June 1, 2010 are hereby incorporated by reference. Section 7: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any other applicable short period of limitations. Section 8: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the Resolution No. 2014-16 Page 4 of 5 EXHIBIT "A" (Addendum No. 8 to Negative Declaration) Project Background: On June 1, 2010, the City Council adopted Resolution No. 2010-43, thereby adopting a Negative Declaration for miscellaneous amendments to Title 17 of the City's Municipal Code to enact the Residential Development Standards Steering Committee Code Amendment and Zone Change (Ordinance No. 510). Prior to its adoption, the Negative Declaration was circulated for public comment from April 1, 2010, through May 1, 2010. In adopting the Negative Declaration, the City Council found that: 1) the Negative Declaration was prepared in the manner required by law and that there was no substantial evidence that, with appropriate mitigation measures, the approval of the Residential Development Standards Steering Committee Code Amendment and Zone Change (Case No. ZON2007-00377) would result in a significant adverse effect upon the environment; and 2) that the Residential Development Standards Steering Committee Code Amendment and Zone Change were consistent with the Rancho Palos Verdes General Plan and with the Coastal Specific Plan. On September 21, 2010, the City Council adopted Ordinance No. 513U, and approved Addendum No. 1 to the certified ND, to make minor changes to Chapter 17.38 of the Development Code to correct the omission of Specific Plan District VII, and to change the designation of specific plan districts from numbered to descriptive titles. On November 15, 2011, the City Council adopted Ordinance No. 529, and approved Addendum No. 2 to the certified ND, thereby approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's Development Code which clarified code language, removed code language discrepancies, and codified existing policy procedures and/or application requirements. On February 7, 2012, the City Council adopted Ordinance No. 532, and approved Addendum No. 3 to the certified ND, thereby approving a code amendment for the allowable movement of an open space hazard boundary line from thirty feet to one hundred feet through an interpretation procedure. On April 3, 2012, the City Council adopted Ordinance No. 535, and approved Addendum No. 4 to the certified ND, thereby approving a code amendment to revise Chapters 17.02, 17.04, and 17.98 of the Municipal Code to regulate the number of residential garage sales. On July 16, 2013, the City Council approved Resolution No. 2013-48, approving Addendum No. 5 to the certified ND for a proposed code amendment to revise Chapter 17.76.030 of the Development Code pertaining to the Fences, Walls and Hedges permits. On August 6, 2013, in consideration of a proposed code amendment to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), Addendum No. 6 to the certified ND for a proposed code amendment was presented to the City Council, who continued the item to a future meeting in order for Staff to provide additional information. On September 17, 2013, the City Council approved Resolution No. 2013-64, approving Addendum No. 7 to the Certified ND for a proposed code amendment to revise RPVMC Chapter 17.76.100 (City Tree Review Permit). Proposed Amendments: At the direction of the City Council, additional code amendments are proposed to Section 17.76.030 of the Municipal Code (Fences, Walls and Hedges) that were not included in the previously adopted addenda. Therefore, this addendum addresses all proposed code amendments to RPVMC Section 17.76.030, which includes: removing "hedges" from the Fence, Wall and Hedge Permit application process, but still requiring hedges to be subject to a view analysis; require approval of a Fence/Wall Permit for any new fence or wall within any rear or side yard setback; including an initial site visit step for a Fence/Wall Permit whereby Staff assesses view impacts on a preliminary basis to determine if a Fence/Wall Permit is warranted; allowing hedges located outside of the front and street-side setbacks to grow to an unspecific height provided views from surrounding residences are not significantly impaired; revising the allowable height of free-standing fences and walls outside of the front or street-side setback areas from 6 feet to 7 feet; clarifying the height limitations for fences and walls within the access pole of a flag lot; and clarifying that a Minor Exception Permit is not required for any fence higher than 42 inches up to 7 feet within the street-side setback. Purpose: This Addendum to the previously-certified Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines which allows for the lead agency to prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required major revisions of the previous Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will required major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects; or, 3. New information of substantial importance identifies one or more significant effects not discussed in the previous Negative Declaration, significant effects previously examined • will be substantially more severe than shown in the previous Negative Declaration, mitigation measures or alternative previously found not to be feasible or not analyzed in the Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Code Amendments: Staff analyzed the proposed code amendment revisions to Section 17.76.030 to determine if any impacts would result. The Planning Commission has independently reviewed this item and has determined that, pursuant to CEQA Guidelines Section 15162, a new Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects: 1. The proposed revisions do not result in any new significant environmental effects and, like Ordinances Nos. 510, 513U, 529, 532, and 535 and Resolution No. 2013-48 and 2013- 64, no significant impacts have been identified. The revisions to Title 17 (Zoning) do not present new significant environmental impacts because they merely modify or clarify certain requirements, or codify policy procedures and/or application requirements. Therefore, the proposed revisions do not represent a substantial change in the code, and will not result in new significant environmental impacts or a substantial increase in the severity of any impacts. 2. The proposed revisions will not result in any significant environmental impacts, and the circumstances under which the project is being undertaken have not substantially changed since the CEQA determination was made for Ordinance No. 510. The scope of the proposed revisions relate to minor modifications that clarify code language discrepancies and/or codify policies and procedures that are currently in place. There are no changes with respect to the circumstances under which the revisions are undertaken that will require major revisions of the previous Negative Declaration. Resolution No. 2014-16 Exhibit A Page 2 of 3 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Negative Declaration was adopted, identifies a significant environmental effect. Because the proposed revisions would not result in any new or more severe environmental impacts than those associated with Ordinance No. 510, there is no need for new or substantially modified mitigation measures. Therefore, pursuant to CEQA, the Planning Commission finds that no further environmental review is necessary other than the City Council's adoption of this Addendum No. 8. Resolution No. 2014-16 Exhibit A Page 3 of 3 City of Rancho Palos Verdes hereby approves Addendum No. 8 to the Negative Declaration for Ordinance No. 510, based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. PASSED, APPROVED, and ADOPTED this 18th day of March 2014. . May' Attest: CM6Vc-&Z- City Clerk 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, hereby certify that the above Resolution No. 2014-16 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 18, 2014. 4.6z4 City Clerk Resolution No. 2014-16 Page 5 of 5