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PC RES 1990-007 411 II/ P.C. RESOLUTION NO. 90-07 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 City Council adopted Ordinance No. 243U on May 16, 1989, and Ordinance No. 244U on June 20, 1989, providing interim regulations for the construction of fences, walls, and hedges which may obstruct rear yard views in the City of Rancho Palos Verdes, the terms of which will expire on May 16, 1990; and WHEREAS, the City Council adopted Ordinance No. 245U on June 20, 1989, and Ordinance No. 246U on August 1, 1989, providing interim regulations for the construction of fences, walls, and hedges which may obstruct side yard views in the City of Rancho Palos Verdes, the terms of which expire on June 20, 1990; and WHEREAS, the City Council and Planning Commission conducted a joint field trip on July 29, 1989, to examine various situations at fifteen (15) properties involving actual or potential view obstruction by fences, walls, and hedges; and WHEREAS, on August 1, 1989, the City Council directed that the matter of view obstruction by fences, walls, and hedges be referred to the Planning Commission for the purpose of drafting a unified permanent ordinance to replace the interim ordinances presently in effect; and WHEREAS, on November 7, 1989, Proposition M was passed by the voters of Rancho Palos Verdes, amending Section 17.02.040 of the Municipal Code to provide review procedures and standards related to existing or potential view obstruction by structures or foliage; and WHEREAS, the Planning Commission has held further public hearings on this matter on December 12, 1989 and January 23, 1990 at which time all interested parties were given an opportunity to be heard and present evidence; and 111 111 WHEREAS, the Planning Commission has considered the contents of the Initial Study for Environmental Assessment No. 570 prior to recommending that a Negative Declaration be issued. NOW, THEREFORE, THE PLANING 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 and side yard views from upslope 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 and side yards of contiguous or abutting 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 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. Section 6: Furthermore, the Planning Commission recommends that the City Council specifically consider and address the following issues: a. Using "significant" view impairment versus any impairment of view as the standard for review. b. Defining views and viewing area with flexibility to use a seated position or standing position, as may be appropriate. c. Whether to require a covenant to protect views as a condition of permit approval . P.C. Resolution 90- 07 Page 2 411 110 PASSED, APPROVED, and ADOPTED this 13th day of Feb uary, 1990. Obert McNu Chairman 4/111 •be t :enar. Dir=ctor of Environmental Services and Secretary to the Planning Commission P.C. Resolution 90-07 Page 3 111 411 EXHIBIT "A" CODE AMENDMENT NO. 29 DRAFT ORDINANCE FEBRUARY 13, 1990 Section 17.42.010 Purpose. These standards provide for the construction of fences and walls as required for privacy and protection against: hazardous conditions, dangerous visual obstruction at street intersections, and unnecessary impairment of views. 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 17.42.022 and 17.42.060. Section 17.42.022 Fence, Wall & Hedge Permit Required. A. Permit Required. A Fence, Wall & Hedge Permit shall be required for any fence, wall or hedge placed adjacent to a rear property line or for any wa l l or hedge placed adjacent to an interior side property line of any contiguous or abutting parcel (as determined by the Director) except as specified below: 1. Fences, wails, or hedges located where the slope within twenty (20) feet of the boundary between the two properties contiguous to or abutting the fence, wall , or hedge does not exceed five percent (5%) . 2. Fences, walls, or hedges where the lot on which the fence, wall, or hedge is proposed is located upslope of any property contiguous to or abutting the location of the fence, wall or hedge." 3. Fences, walls, or hedges for which the top of the fence, wall, or hedge would be at an elevation lower than the pad elevation of the upslope lot. B. Findings. A Fence, Wall & Hedge permit may be approved only if the Director finds as follows: 1. That the fence, wall or hedge would not significantly impair a view from the viewing area, as defined in Section 17.02.040. 411 Notwithstanding the above, the applicant's request shall be approved if the director determines that findings 8.2 and 8.3 are met and either (a) or (b) below apply: (a) 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 allowed within the Development Code that would not significantly impair a view from a viewing area of another property; or (b) Denial would prevent compliance with Section 17.42.040 (swimming pool fencing) and there is no reasonable method, allowed within the Development Code, by which the property owner can comply with this section without significantly impairing a view from a viewing area of another property. 2. That all foliage on the applicant's lot which exceeds sixteen (16) feet or the ridgeline of the primary structure, whichever is lower, and impairs a view from the viewing area (as defined in Section 17.02.040) of another parcel, 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 which the property owner can create such privacy through some other means allowed within the Deve l opment Code that does not impair a view from a viewing area of another property. 3. 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. C. Notice of the Director's decision shall be mailed to the applicant and to all owners of property contiguous to or abutting the proposed fence, wall or hedge. Said decision shall not be final for fifteen (15) days, during which time any interested party may appeal the Director's decision to the Planning Commission. 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 all interested parties at least fifteen (15) days prior to Planning Commission consideration of the appeal. 411 2. The Planning Commission shall conduct a hearing on the appeal and make a decision to deny or uphold the appeal based on the criteria in Section 17.42.0228.1- 3. D. The decision of the Planning Commission shall not be final for fifteen (15) days, during which time any interested party may appeal the Commission's decision to the City Council. The process for appeal and hearing at the Council sha l l be the same as that set forth above for the Planning Commission. The City Council 's decision shall be final. E. The Director and/or the Planning Commission and/or the City Council may impose such conditions on approval of the permit that are deemed necessary to protect the public health, safety, and welfare and carry out the purpose and intent of this section. P. In the case of conflict between these provisions and other provisions of the Development Code or the Building Code, the most restrictive provisions apply.