PC RES 2012-013 P.C. RESOLUTION NO. 20112-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE, AMENDING TITLE 17
(DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE, TO
AMEND THE INTERSECTION VISIBILITY TRIANGLE REVIEW
PROCESS AND ESTABLISH PROCEDURES ALLOWING HEDGES
ABOVE 42" WITHIN THE FRONT YARD SETBACK OF RESDIENTIAL
PROPERTIES ( ON2010-00293)
WHEREAS, on October 5, 2010, the City Council authorized the initiation of a code
amendment to revise the City's hedge height regulations within the front yard setback (Chapter
17.76.030 — Fences, Wall's and Hedges), acknowledging that there are non-conforming
properties within the City that currently have hedges that exceed the allowable; and
WHEREAS, on February 1, 2011, Staff recommended that the City Council withdraw the
code amendment based on the finding that allowing hedges over 42" in height may be
detrimental to public safety. However, the City Council felt that there may be situations where a
hedge over 42" in height within the front yard setback could be allowed and directed Staff to
create a new permit process; and,
WHEREAS, during the analysis, Staff found that Chapters 17.48.070 (Intersection
Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) had similarities that necessitates
amendments to both Chapters, and,
WHEREAS, a notice was published on May 5, 2011, pursuant to the requirements of the
Rancho Palos Verdes Development Code; 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 of 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 code amendment qualifies as a ministerial project and therefore exempt from
the application of CEQA (Section 21080) and,
WHEREAS, on May 24, 2011, the Planning Commission continued the public hearing to
June 14, 2011, thereby allowing Staff additional time for analysis; and,
WHEREAS, on June 14, 2011, the Planning Commission continued the public hearing to
July 26, 2011 and directed Staff to provide additional information related to the criteria used for
traffic visibility analysis and consider a modified process to allow hedges in excess of 42"'. and,
WHEREAS, on July 26, 2011„ the Planning Commission approved the code amendment
with a modification and directed Staff to prepare a resolution of approval for adoption at the
August 9, 2011 public hearing; and,
WHEREAS, on August 9, 2011, the Planning Commission continued the public hearing
and directed Staff to bring back the resolution for adoption on the next consent calendar agenda
when all seven Commissioners are expected to be present; and,
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WHEREAS, on September 27, 2011, the Planning Commission failed to adopt a
resolution for approval and therefore continued the public hearing and directed Staff to re-notice
the item for further discussion at a future meeting; and,
WHEREAS, a notice was published on October 6, 2011, pursuant to the requirements of
the Rancho Palos Verdes Development Code; and,
WHEREAS, on October 25, 2011, since not all Commissioners were present to discuss
the code amendment in detail, the Planning Commission continued the public hearing to a
future meeting at which time all seven Commissioners were expected to be present; and,
WHEREAS, on January 10, 2012, the Planning Commission directed Staff to provide a
status update on the proposed code amendment to the City Council to seek direction as to
whether to continue with the proposed code amendment; and,
WHEREAS, on May 1, 2012, the City Council directed Staff and the Planning
Commission to create a process whereby residents could apply for a discretionary permit to
allow hedges exceeding 42" in height within the front yard setback; and,
WHEREAS, a notice was published on June 7, 2012, pursuant to the requirements of
the Rancho Palos Verdes Development Code; and,
WHEREAS, on June 26, 2012, the Planning Commission continued the public hearing to
July 24, 2012, with a request that a Public Works Staff member be present to answer questions
related to the analysis criteria and directed Staff to prepare a resolution of approval for adoption-,
and,
WHEREAS, the Planning Commission held a duly noticed public hearing on July 24,
2012, at which time all interested par-ties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The Planning Commission has reviewed and considered the amendments
to Chapters 17.48,070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and
Hedges) of the Municipal Code.
Section 2: The Planning Commission finds that the amendments to Chapters
17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) of the
Municipal Code are consistent with California Government Code Section 65853, zoning
amendment procedures.
Section 3: The Planning Commission finds that the amendments to Chapters
17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they
preserve and enhance the community's quality living environment, and enhance the, visual
character and physical quality of existing neighborhoods.
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Section 4: The Planning Commission finds that the amendments to Chapters
17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) are
necessary to preserve the public health, safety, and general welfare in the area,.
Section 5: The Planning Commission recommends to the City Council that Chapters
17.48.070 (Intersection Visibility Triangle) and 17.76.030 (Fences, Walls and Hedges) of Title
17 be revised to read as follows (the underlined text represents new language-, the text in
strikE?through is to be deleted):
17,48.070 — Intersection Visibility
X In districts where the required front or street-side setbacks allow a building
to be constructed within the intersection visibility triangle, fences, walls,
structures or shrubbery may be allowed to exceed the prescribed height
limit, if they are setback from the property line a distance equal to the
setback of the allowed building.
B. Trees located within the intersection visibility triangle which are trimmed to
the trunk up to a minimum branch height of 6' above the adjacent street
curb elevation are exempt from these regulations.
C. The intersection visibility triangle shall be shown on all landscaping plans,
grading plans and tentative tract maps for related intersections when
required by the director. In cases where an intersection is located on a
vertical curve, a profile of the sight line may also be required by the director.
Any landscape plan submitted shall show the common name, locations and
mature dimensions plotted to scale of all proposed trees, shrubs and plants
within the intersection visibility triangle.
D. Proposed improvements or structures which exceed the 30" height limit
may be permitted in the intersection visibility triangle by the planning
director through a site plan review application, upon
determination by the director of public works that the location and/or height
of the existing or proposed structure within the intersection visibility triangle
allows for the safe view of oncoming traffic by a driver approaching an
intersection, and thus no intersection visibility impacts would result. Upon
approval by the planning GOMMISEik)-^ of any such structure or improvement,
the director shall provide written notice of the PlaRRiRg GGRqRqiGSi9R'S
decision pursuant to Section 17.80.040 (Hearing Notice and Appeal
Procedures) of this title. Notice of denial shall be given to the applicant.
Any interested person may appeal the planning GeMMissjen's director's
decision to the Gity GGURGil planning commission pursuant to Chapter 17.80
(Hearing Notice and Appeal Procedures) of this title.
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.
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B. Fences, Wall and Hedge Permit.
1. Permit Required. A fence, wall and 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 tot an interior side property line of any contiguous or abutting parcel
(as determined by the director), except as specified below-.
a. Fences, walls or hedges 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, walls or hedges where the subject lot is located upslope of
any property contiguous to or abutting the location of the fence, wall
orhedge; or
c. Fences, walls or hedges when the top of the fence, wall or hedge is
at a lower elevation than that of the pad of the upslope lot.
2. Findings. A fence, wall and hedge permit may be approved only if the
director finds as follows:
a. That the fence, wall or hedge would not significantly impair a view
from the viewing area, as defined in Chapter 17.02 (Single-Family
Residential 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. Views
shall be taken from a standing position, unless the primary viewing
area is more suitable to viewing in a seated position;
b. That all foliage on the applicant's lot which exceeds sixteen feet or
the ridgeline of the primary structure, whichever is lower, and
impairs a view from the viewing area of another parcel, as defined in
Chapter 17,02 (Single-Family Residential Districts) or a view from
public property which has been identified in the city's general plan or
coastal specific plan, as ca city-designated viewing area, shall be
removed prior to permit approval. This requirement 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 the 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, wall or hedge shall
comply with all applicable standards and requirements of the
Rancho Palos Verdes Municipal Code and general plan;
d. Notwithstanding finding (2)(a) (subsection (13)(2)(a) of this section),
the applicant's request shall be approved if the director determines
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that findings (2)(b) and (2)(c) (subsections (6)(2)(b) and (13)(2)(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
ii. Denial would prevent compliance with the swimming pool
fencing requirements contained in subsection E of this
section and there is no reasonable method to comply with
subsection E of this section that would not significantly
impair a view from a viewing area of another property,
1 Notice of Decision. The notice of decision of a fence, wall and hedge permit
shall be given to the applicant and to all owners of property adjacent of 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 (Hearing Notice and Appeal
Procedures) of this title,
4. This decision of the planning commission may be appealed to the city council
pursuant to Section 17.80.070 (Hearing Notice and Appeal Procedures) of
this title.
5. 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.
& 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. Fences, Walls and Hedges Allowed Without a Permit Unless restricted by
conditions imposed through a fence, wall and hedge permit pursuant to
subsection B of this section, 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 forty-two inches in height shall be permitted, except
as restricted by the intersection visibility requirements of
Section 17,48.070 (Lots, setbacks, open space areas and
building height) of this title;
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ii. When combined with a retaining wall, the total height may
not exceed forty-two inches, except as restricted by the
intersection visibility requirements of Section 17.48.070
(Lots, setbacks, open space areas and building height) 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 six feet in height
shall be permitted,
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 six 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 up to sixteen feet in height shall be permitted on
any part of a lot not subject to subsection (C)(1)(a), except
as restricted by the view preservation and restoration
provisions which apply to foliage, as described in Chapter
17,02 (Single-Family Residential Districts);
iii. When combined with a fence, freestanding wall or retaining
wall, the total height may not exceed eight feet, as
measured from grade on the lower side, and may not
exceed six feet, as measured from grade on the higher
side;
iv. When combined with a fence, freestanding wall, retaining
wall or hedge, the total height may not exceed sixteen feet,
as measured from grade on the higher side and may not
exceed eighteen feet, as measured from grade on the
lower side; provided, the height of each individual fence,
freestanding wall and/or retaining wall does not exceed the
height limitations prescribed by this title.
c. Temporary construction fences, as defined in Chapter 17.96
(Definitions), up to six 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) (environmental
protection) 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:
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i. Up to forty-two inches in height shall be permitted within
the front or street-side setback areas, except as restricted
by the intersection visibility requirements of Section
17.48.070 (Lots, setbacks, open, space area and building
height) of this title.
ii. When combined with a retaining wall, the total height may
not exceed forty-two inches in the front or street-side
setback areas, except as restricted by the intersection
visibility requirements of Section 17,48.070 (Lots,
setbacks, open space area and building height) of this title.
b. Fences, walls and hedges located behind front and street-side
setbacks shall meet the following standards:
i. 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 by the intersection visibility requirements of
Section 17.48.070 (Lots, setbacks, open space area and
building height) of this title.
H. When combined with a retaining wall, the total height may
not exceed eight feet as measured from grade on the
lower side and may not exceed six feet as measured from
grade on the higher side,
c. Temporary construction fences, as defined in Chapter 17.96
(Definitions), up to six 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 (Environmental protection)
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 forty-
two inches and up to six feet in height located in the front and street-
side setback areas; provided, the area between the street and any
such fence is landscaped, per a plan approved by the director of
planning-,
b. A fence, wall or hedge, or any combination thereof, located outside
of a front or street-side setback area which does not exceed eleven
and one-half feet in height as measured from grade on the lower
side and six feet in height as measured form grade on the higher
side;
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c. Fences higher than six 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 six-foot height
shall be constructed of wire mesh, or similar material, capable of
admitting at least eighty 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, wall or hedge 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 of an
adjacent parcel as defined in Section 17.02.040 (Single-Family
Residential Districts) of this title;
c. On corner lots, intersection visibility as identified in Section
17.48.070 (Lots, Setbacks, Open Space Area and Building Height)
of this title is not obstructed; and
d. The height of the retaining wall 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 and/or intersection visibility triangle provided that-
1. No portion of the hedge will exceed 6 feet in height-,
2. The location and/or height of the existing or proposed hedge
exceeding 42" allows for the safe view of on-coming vehicular
traffic and Pedestrians by a driver existing his or her driveway
and does not cause another visual impairment that would
adverse]V affect the public health, as determined by the
director of public works; and
3. The height of the hedge exceeding 42" does not significantly
impair a view from the viewing area of another residential
parcel as defined in Section 17.02,040 (View Preservation and
Restoration) of this title.
4. The property owner submits a complete application and fee
(as adopted by City Council) for a Site Plan Review permit and
obtains approval of said permit. The approv.a.] of saj.d_permit
shall include a condition of approval that specifies the hedge's
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permitted heig.ht above 42"and that the hedge shall be
maintained at said height.
F. General Regulations.
3, 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.
4. 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.
5. Fences or Walls — Required. All pools, spas and standing bodies of
water eighteen 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 twelve 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.
6. 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 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.
7. Chain link, chicken wire and fiberglass fences are prohibited in front
yards between the front property line and the exterior fagade of the
existing single-family residence closest to the front property line, in
side yards between the street-side property line and the exterior
fagade 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;
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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.
Section 6. The rights given by any approval granted under the terms of Title 17 of
the Rancho Palos Verdes Municipal Code prior to the effective date of the adoption of said
ordinance shall not be affected by the amendments to Title 17 by this ordinance and shall
continue in effect until and unless they are modified, revoked, expired or are otherwise
terminated according to the terms of the approval or the terms of Title 17 as they existing prior
to the effective date of said ordinance.
Section 7: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code
as identified herein shall apply to all development applications submitted after the effective date
of the adoption of said ordinance.
Section 8: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other records of proceedings, the Planning
Commission of the City of Rancho Palos Verdes hereby recommends that the City Council
adopt an Ordinance to amend Chapters 17.48.070 (intersection Visibility Triangle) and
17.76.030 (Fences, Walls and Hedges) of Title 17 (Zoning) of the City's Municipal Code to
revise the review process for structures within the intersection visibility triangle area and to
create a new process to allow hedges above 42" in height up to 6' maximum within the front
yard setback of residential properties (ZON2010-00293).
PASSED, APPROVED AND ADOPTED this 24�h day of July 2012, by the following vote:
AYES: Commissioner Leon, Nelson, Tomblin, Vice Chairman Emenhiser, Chairman
Tetreault
NOES, Commissioner Gerstner
ABSTENTIONS: Commissioner Lewis
RECUSALS- None
ABSENT:None
Waulault
Chairman
Joel Ro' s, ICP
Comm vity�f t evelopm�4/Director and
Secreta f the Planning Commission
P.C. Resolution No. 2012- 13
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