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PC RES 1989-018 PC RESOLUTION NO. 89 - 18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL APPROVE A NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT NO. 570 AND ADOPT DEVELOPMENT CODE AMENDMENT NO. 29 WHEREAS , the City Council initiated Development Code Amendment No. 29 on September 20 , 1988 to revise the City standards for review, approval , and placement of fences, walls, and hedges , to minimize their view impact ; and WHEREAS , the Planning Commission has held public hearings on this matter on November 9 and 30 , 1988 , and February 28, March 14 , and March 28 , 1989 at which time all interested parties were given an opportunity to be heard and present evidence ; and, WHEREAS , the Planning Commission has considered the content of the Initial Study for Environmental Assessment No . 570 prior to recommending that a Negative Declaration be issued. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RECOMMEND TO THE CITY COUNCIL AS FOLLOWS : Section 1 : That the Development Code revisions are necessary to ensure that rear yard views from upslope view lots are protected from intentional or inadvertent impairment by fences, walls, and hedges on adjacent , downslope lots . Section 2: That the Development Code revisions are necessary to establish criteria and provide for City review of fences , walls, and hedges on lots adjacent to the rear yards of view lots . Section 3 : That a draft Negative Declaration for Environmental Assessment No . 570 should be issued since the initial study has determined that there would be no significant adverse impacts on the environment resulting from this revision. Section 4 : That the Development Code revision is consistent with the intent of the General Plan and Coastal Specific Plan since the purpose of the revision is to further implement the policies in the sensory and corridor elements to provide additional protection of views . Section 5 : For these foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby 110 recommends that the City Council approve the issuance of a Draft Negative Declaration for Environmental Assessment No. 570 and approve Development Code Amendment No . 29 pursuant to Exhibit "A" attached. PASSED, APPROVED and ADOPTED this. 28th._ day of March, 1989. Luella L. Wike Chairperson AirAd' 4(4-7 ' o .ert B- and Director of Environmental Services and Secretary to the Planning Commission P.C. Resolution No. 89 - 18 Page 2 111 EXHIBIT "A" Section 16.04. 737 Lot , terraced. "Terraced Lot" means a parcel of land with a building pad that is at a different topographic elevation than any or all adjoining parcels of land. ( This section is added to the glossary of the Development Code ) Section 17 .42.020 B. Fences , walls and hedges located behind front and street-side setbacks shall meet the following standards : 1 . 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 in Section 17 . 42.060 and 17 .42 .062 ( The underlined portion is added to this section ) Section 17 .42 .062 View Protection. A. On adjoining terraced or hillside lots , where the upslope lot is considered a view lot pursuant to section 17 .02 .040 (C) , any fence, wall , or hedge placed on the downslope property parallel to the rear property line of the upslope view lot (as determined by the director) shall be reviewed by the director of environmental services through submittal of a site plan review application pursuant to chapter 17 .66 . Said fence , wall or hedge shall only be approved if the director finds that it would not significantly impair a principal identifiable view from the upslope view lot . For the purpose of this section, view and principal identifiable view shall be as defined in section 17 .02 .040 (C) ( 1-2) . B. Any decision made by the director pursuant to section 17 .42 .062 (A) shall be intended to afford maximum view protection to upslope view lots. C. Notice of the director's decision shall be mailed to the adjacent upslope and downslope property owners . Said decision shall not be final for fifteen ( 15 ) days, during which time either the upslope or downslope property owner may appeal the director's decision to the planning commission or the planning commission's decision to the city council . 1 . Any appeal must be filed in writing, and shall include the reasons for said appeal and an appeal fee as established by resolution of the city council . Notice of the appeal shall be provided to both the upslope and downslope property owners at least fifteen ( 15 ) days prior to planning commission or city council consideration of the appeal . P.C . Resolution No . 89 - 18 Page 3 110 III 2 . The planning commission or city council shall conduct a hearing on the appeal and make a decision to deny or uphold the appeal based on the criteria in section 17 .42.062 (A) . ( This section is inserted into Chapter 17 .42 of the Development Code ) P.C . Resolution No. 89 - 18 Page 4