Loading...
PC RES 2013-014 P.C. RESOLUTIONNO. 2013-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL 1) FIND THAT THERE IS NO SIGNIFICANT ADVERSE IMPACT TO THE ENVIRONMENT RELATED TO THIS CODE AMENDMENT AND THUS ADOPT ADDENDUM NO. 6 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, 2) ADOPT AN ORDINANCE AMENDING RPVMC SECTION 17.76.030(E), THEREBY REQUIRING PRIVATELY OWNED REAR AND STREET SIDE YARD WALLS OR FENCES THAT NEED TO BE REPAIRED AND/OR REPLACED BY THE PROPERTY OWNER MATCH THE PRE- EXISTING WALL OR FENCE THAT ABUTS THE ADJOINING ARTERIAL STREET, WITH THE EXCEPTION OF CHAIN LINK FENCING WHICH MUST BE REPLACED WITH A CITY APPROVED MATERIAL AND NEW UNIFORM TRACT FENCING WALLS PROPOSED BY HOMEOWNER ASSOCIATIONS OR NEIGHBORHOODS, AND ADD WESTERN AVENUE TO THE LIST OF ARTERIAL STREETS UNDER SECTION 17.76.030(E)(5);AND 3) PURSUE A CITY-WIDE PROJECT THAT WOULD FACILITATE THE INSTALLATION OF IRRIGATION AND LANDSCAPING WITHIN THE CITY'S RIGHT-OF-WAY TO ALLOW THE SCREENING OF PRIVATE WALLSIFENCES ALONG THE CITY'S MAJOR ARTERIAL STREETS (CASE NO. ZON2012-00355). WHEREAS, the City's current development code does not provide any specific regulations or restrictions regarding the type of materials that a privately owned wall or fence built as part of a residential tract along the City's arterial streets should be constructed of when being repaired or replaced; and, WHEREAS, residential tract walls or fences along the City's arterial streets are sometimes repaired or replaced in a manner which is inconsistent with the previous wall and surrounding walls, creating visually unappealing arterial corridors in the City; and, WHEREAS, on November 7, 2012, the City Council adopted Urgency Ordinance No. 541 U, which imposed a moratorium on the repair or replacement of privately owned wall's or fences along arterial streets in the City, and initiated a Code Amendment to amend RPVMC Section 17.76.030(E); and, WHEREAS, on December 8, 2012, the City Council extended Urgency Ordinance No. 541U for an additional 10 months and 15 days, expiring on November 6, 2013; and, WHEREAS, on April 22, 2013, Staff mailed out 776 notices to property owners whose rear yard was identified to abut the following arterial streets: Crenshaw Boulevard, Crest Road, Hawthorne Boulevard, Highridge Road, Miraleste Drive, Palos Verdes Drive East, Palos Verdes Drive North, Palos Verdes Drive South, Palos Verdes Drive West, Silver Spur Road, and Western Avenue; and, P.C. Resolution No. 2013-14 Page 1 of 8 WHEREAS, on April 25, 2013, notice of a public hearing on the proposed amendments to Chapter 17,76.030(E) 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 2100 et seq. ("CEQA"), the State's CEQA Guidelines, California Code Regulations, Title 14, Section 1500 et seq., the City's Local CEQA Guidelines, and Government Code Section 65962,5(f) (Hazardous Waste and Substances Statement), the Planning Commission has determined that there is no substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly, Addendum No. 6 to the Negative Declaration, which was prepared in conjunction with the adoption of Ordinance No. 510, has been prepared and is attached (Exhibit W) to this resolution; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on May 14, 2013, at which time Staff presented the proposed code amendments to RPVMC Section 17.76.030(E). At the May 14, 2013 meeting, the Planning Commission continued the public hearing to June 11, 2013, with direction to Staff to add language to the Code specifying that 1) chain link can only be replaced with an alternate barrier to be selected by the City, and 2) tracts should be allowed to propose an updated perimeter fence or wall plan. The Commission also directed Staff to include in the Planning Commission Resolution a recommendation to the City Council to pursue a City plan to facilitate the installation of landscaping and irrigation along the private arterial walls; and, WHEREAS, on June 11, 2013, the Planning Commission held a public hearing, at which time all interested parties 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: That the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 2: That the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans. Specifically, the revisions to Chapter 17.76 will require the repair and replacement of walls or fences to match the existing or previous fence or walls, providing consistency and uniformity to the structures along the City's arterial corridors, except for chain P.C. Resolution No. 2013-14 Page 2 of 8 link fences which will be required to be replaced with a black, aluminum, steel or wrought iron fence, and when a Homeowners Association proposes a new uniform tract wall or fence, all which will improve the appearance of the City's arterial corridors. Section 3:r That the amendments to Chapter 17.76.030(E) are necessary to preserve the public health, safety, and general welfare by providing regulations that preserve and maintain the character of the City's arterial corridors. Section 4:. That subsections of Section 17.76.030(E) (Fences, Walls and Hedges) of Title 17 of the Municipal Code are hereby amended as follows (6triked out is for removed text, and bold and underlined text is for new text): 17.76.030(5)(E) — General Regulations 5. Chain link, chicken wire and fiberglass fences are prohibited in front yards between the front property line and 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; 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; and k. Western Avenue. 6.Replacement of Privately Owned Tract Fences and Walls aloeg Arterial Streets. a. Any existing fence or wall, including a retaining wall, that is part o a tract or neighborhood fence or wall design and is located within a rear or street side and setback of a private property abutting an of the arterial streets listed in Section 17.76.030(E)(5) shall be replaced or repaired at the same location as the original fence and/or wall, at the same height as the original or adjoining fence and/or wall, and with the same materials and color as the original or adjoining fence or wall, to the satisfaction of the Community Development Director, except: P.C, Resolution No. 2013-14 Page 3 of 8 L Any existing chain link fence shall be replaced with a black aluminum, steel or wrought iron fence, at generally the same location, height and aesthetically compatible to any adjoining fences. ii. A Homeowners Association or group of residents may propose a new uniform tract wall or fence to replace existing walls or fences for properties that abut any of the listed arterial streets in Section 17.76.030(E)(5). Upon the submittal of a written request, accompanied by plans of the proposed design, the Director shall review and may approve the proposed fence or wall design, providedthat permission has been obtained from all impacted propeLly owners, and the materials proposed are commonly used in the City and are aesthetically compatible with the adjacent area. b. Appeal. Any applicant may appeal a decision of the Director to the Planning,Commission and decision of the Planning Commission to the City Council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures),of this title. Section 5:. That the Planning Commission recommends that the City Council pursue a project for capital improvements on public land to include irrigation and vegetation along the Hawthorne Boulevard to help screen existing walls or fences with vegetation. Section 6:. For the foregoing reasons, and based on the information and findings included in the Staff Report, the testimony and evidence presented at the public hearings, minutes, and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the City Council 1) Adopt Addendum No. 6 to the Negative Declaration for Ordinance No. 510, and 2) Adopt an Ordinance amending Chapter 17.76,030(E) of the City's Municipal Code to amend RPVMC Chapter 17.76.030(E), so that future repaired and/or replaced rear and street side yard fences and walls match the pre-existing wall or fence in order to maintain a consistent and harmonious appearance along the major arterial streets within the City, add Western Avenue to the list of arterial streets under Section 17.76.030(E)(5), and that the City Council pursue capital improvements to install irrigation and vegetation along Hawthorne Boulevard (Case No. ZON2012-00355) P.C. Resolution No. 2013-14 Page 4 of 8 PASSED, APPROVED, AND ADOPTED this 11th day of June 2013, by the following vote, AYES: commissioners Nelson, Tetreault, Tomblin, Vice Chairman Leon, and Chairman Emenhiser NOES: None ABSTENTION: None ABSENT: Commissioner Gerstner RECUSALS: commissioner Lewis d E�mrnhis'er Chairman �D Joel Rojas, AIC Communit QelopM Director; and Secretary to Planning Commission P.C. Resolution No. 2013- 14 Page 5 of 8 EXHIBIT "A" (Addendum No. 6 to Negative Declaration) Proiect 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 (ND) 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 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. 5130, thereby approving 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, thereby approving Addendum No. 2 to the certified ND and 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, thereby approving Addendum No. 3 to the certified ND and approving a change in the allowable movement of an open space hazard boundary line from thirty feet to one hundred feet through an interpretation procedure. Lastly, on April 3, 2012, the City Council approved adopted Ordinance No. 535, thereby approving Addendum No. 4 to the Certified ND for 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. The City is currently considering another separate code amendment, which is proposed to be adopted through an Ordinance that would approve Addendum No. 5 to the certified ND. Proposed Amendments: The City Council is currently reviewing a code amendment to revise Section 17.76.030(E) of the Development Code (Fences, Walls and Hedges) that would add code language. The proposed amendment will require that privately owned rear yard walls or fences that need to be repaired and/or replaced by the property owner match the pre-existing wall or fence that abuts the adjoining arterial street, as listed in Section 17.76.030(E)(5). 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 P.C. Resolution No. 2013-14 Page 6 of 8 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 Proiect Revisions: Staff analyzed the proposed code amendment revisions to Section 17.76.030(E) 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 Ordinance No. 510, 513U, 529, 532, and 535, no significant impacts have been identified. The revision 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 environmentalimpacts 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. P.C. Resolution No. 2013-14 Page 7 of 8 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. 6. P.C. Resolution No. 2013-14 Page 8 of 8