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PC RES 2013-010 P.C. RESOLUTION NO. 2013-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING RPVMC SECTION 17.76.030(B)(1) TO REQUIRE THE APPROVAL OF A FENCE, WALL AND HEDGE 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 FORTY-TWO INCHES UP TO SIX FEET WITHIN THE STREET-SIDE SETBACK (CASE NO. ZON2012-00346). WHEREAS, on October 16, 2012, Councilman Knight presented his request for the City Council to move forward with a code amendment to address a possible loophole in the City's Development Code existing language for when a Fence, Wall and Hedge permit is required, which results in less view protection to certain residential properties; and, WHEREAS, on November 20, 2012, the City Council initiated a code amendment to address potential changes to Rancho Palos Verdes Municipal Code Section 17.76.030 (Fences, Walls and Hedges); and, WHEREAS, on April 25, 2013, notice of a public hearing on the proposed amendments to Section 17.76.030 of the Municipal Code was published in the Palos Verdes Peninsula News and on April 22, 2013 mailed to 65 Homeowners Associations; 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( ) (Hazardous Waste and Substances Statement), the City determined that there is not substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly, Addendum No. 5 to the Negative Declaration, which was prepared in conjunction with the adoption of Ordinance No. 510, has been prepared and is attached (Exhibit `A') 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. Based upon the recommendation of Staff, the Planning. Commission moved to continue the public P.C. Resolution No. 201310 Page 1 of 7 hearing to May 28, 2013, with direction to Staff to add to the recommendation to the City Council that the Fence, Wall and Hedge fee be subsidized; and, WHEREAS, on May 28, 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 Section 17.76.030 will address concerns as to newly constructed fences, walls and hedges that may significantly impair the view from adjoining lot, as well as provide language modifications, all of which assist in enforcement of the Development Code which uphold the Goals and policies of the City's General Plan. Section 3: That the amendments to Chapter 17,76.030(E) are necessary to preserve the public health, safety, and general welfare, as the proposed amendments will provide more protection to view owners by requiring all non-exempt fences, walls or hedges to apply to the City for a Fence, Wall or Hedge permit prior to installation. Section 4: That the subsections listed below of Section 17.76.030 (Fences, Walls and Hedges) of Title 17 of the Municipal Code are hereby amended as follows (strike-out text is for removed language, and bold and underlined text is for new language): 17.76.030 - Fences, walls and hedges. B. Fence, 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 or side yard setback � ­r ­--- -^ er for a,my er hedge placed within the adjacent to ­ side yard—setbad(-- adljaeent te an inteF 9F side pF--- 4­ I;-- -t-­1 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 P.C. Resolution No. 2013-10 Page 2 of 7 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 or hedge„ 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. 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 b. Fences, walls and hedges not subject to subsection (C)(1)(a) of this section shall meet the following standards-. iv. When a hedge is combined with a fence, freestanding wall, or retaining wall , 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. 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.g (Definitions), higher than forty-two inches and up to six feet in height located in the front and s#&et-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 yard 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 from grade on the higher side-, 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. P.C. Resolution No. 2013-10 Page 3 of 7 Section 5: The Planning Commission recommends the City Council should consider subsidizing the Fence, Wall and Hedge application fee in order to minimize the financial obligation of residents who will be required to obtain a permit from the City in order to install a non-exempted new fence, wall or hedge on private property when they were not required to do so prior to the proposed code amendment. 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 adopt an Ordinance amending Section 17.76.030 of the City's Municipal Code (Case No. ZON2012-00346) PASSED, APPROVED, AND ADOPTED this 28th day of May 2013, by the following vote: AYES: commissioners Nelson, Tomblin, Vice Chairman Leon, Chairman Emenhiser NOES' None ABSTENTION' None ABSENT: Commissioners Gerstner, Tetreault RECUSALS: Commissioner Lewis David Em Chairman Joel Rol s, ICP evel 0 nt Dire, 36h P g Co Comm nity evelo nt Director; and Secreta t the Planning Commission P.C. Resolution No. 2013- 10 Page 4 of 7 EXHIBIT "A" (Addendum No. 5 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, 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 approved 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. Proposed Amendments: The City Council is currently reviewing a code amendment to revise Chapter 17.76.030 of the Development Code (Fences, Walls and Hedges) that would revise code language, remove code language and codify existing policy procedures and/or applications. The proposed amendments are to require the approval of a Fence, Wall and Hedge Permit for any new fence, wall or hedge located within any rear yard or side yard setback (with exceptions), clarify the existing height limitations applicable to combination walls/hedges, and 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. 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 P.C. Resolution No. 2013-10 Page 5 of 7 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 Project Revisions: 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 Ordinance No. 510, 5130, 529, 532, and 535, 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 P.C. Resolution No. 2013-10 Page 6 of 7 require major revisions of the previous Negative Declaration. I 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. 5. P.C. Resolution No, 2013-10 Page 7 of 7