RPVCCA_CC_SR_2014_04_01_G_Ord_546_Code_Amendment_Fences_Walls_And_HedgesCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Staff Coordinator:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
JOEL ROJAS, AICP, COMMUNITY DEVELOPMENT DIRECTOR~~
APRIL 1, 2014 \.J\''
CODE AMENDMENT (2No READING) TO ADOPT AMENDMENTS
RPVMC SECTION 17.76.030 -FENCES, WALLS AND HEDGES
(CASE NO. 2012-00346)
CAROLYNN PETRU, ACTING CITY MANAGERCQ';J
Abigail Harwell, Assistant Planner~
RECOMMENDATION
Adopt Ordinance No. 546, "AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 17.76.030 OF THE CITY MUNICIPAL CODE
PERTAINING TO FENCES, WALLS AND HEDGES (CASE NO. 2012-00346).
DISCUSSION
At the March 18, 2014 City Council meeting, the City Council introduced Ordinance No. 546,
which approved the following amendments to Section 17.76.030 of the Municipal Code:
• Revise Section 17.76.030(8)(1) to require approval of a Fence/Wall Permit for any
new fence or wall within any rear or side yard setback; and,
• Revise Section 17.76.030(D)(1)(a) to clarify that a Minor Exception Permit is not
required for any fence higher than 42 inches up to 7 feet within the street-side
setback.
• Revise Section 17.76.030.8 to remove "hedges" from the Fence, Wall and Hedge
Permit application process;
• Add new code language to Section 17. 76.030(8)(2) to create an initial site visit step
for a Fence/Wall Permit whereby Staff can assess view impacts on a preliminary
basis to determine if a Fence/Wall Permit is warranted;
• Revise Section 17.76.030(C)(1)(b)(i) to change the allowable height of freestanding
fences and walls outside of the front or street-side setback areas from 6 feet to 7
feet;
• Amend Section 17.76.030(C)(1)(b)(ii) to allow hedges located outside of the front
and street-side setbacks to grow to an unspecific height provided views from
G-1
City Council Meeting
Ordinance No. 546 -Fences, Walls and Hedges Code Amendment
April 1, 2014
surrounding residences· are not significantly impaired; and,
• Revise Section 17.76.030(C)(1)(a)(iii) to clarify the height limitations for fences and
walls within the pole of a flag lot.
During the meeting, a question was raised regarding if view assessment during an initial
site visit would be taken from properties across the street from a subject property. As the
proposed new language in Section 17.76030(B)(2)(a) specified "abutting," which does not
include parcels separated by a street or alley, Staff agreed to revise "abutting" to "adjacent"
in order to address all potential view properties which may be affected by a new fence or
wall. This word change was made to the attached Ordinance and no other changes were
made.
Staff now presents Ordinance No. 546 for its second reading and adoption.
CONCLUSION
In conclusion, Staff recommends that the City Council adopt Ordinance No. 546, thereby
amending Section 17.76.030 of the Rancho Palos Verdes Municipal Code pertaining to the
regulation of fences, walls and hedges.
Attachment:
• Draft Ordinance No. 546
G-2
ORDINANCE NO. 546
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 17.76.030 OF THE CITY MUNICIPAL CODE
PERTAINING TO FENCES, WALLS AND HEDGES (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's 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, 2013, the City Council initiated a Code
Amendment to revise Municipal Code Section 17.76.030 (Fences, Walls and Hedges) to
require any new fence, wall or hedge within specified setbacks be subject to a Fence,
Wall and Hedge permit, thereby affording view protection from said new fences, walls
and hedges to more property owners, and also to make minor clean-up amendments to
Municipal Code Section 17.76.030 to clarify hedge heights and the applicability of
Minor Exception Permit for fences; and,
WHEREAS, on May 14, 2013, the Planning Commission moved to continue the
public hearing to May 28, 2013, with direction to Staff to: draft a resolution for adopting
which would recommend that the City Council adopt the code amendment to RPVMC
Section 17.76.030, as recommended by Staff, and include a recommendation to the
Council that the $2, 192 Fence, Wall and Hedge Permit application fee be partially
subsidized by the City; and,
WHEREAS, on May 28, 2013, the Planning Commission adopted Resolution No.
2013-10, thereby recommending that the City Council adopt an ordinance amending
RPVMC Section 17.76.030(8)(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; and recommending that the City Council subsidize the
Fence, Wall and Hedge permit application 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; and,
WHEREAS, on July 16, 2013, the City Council held a duly notice public hearing,
at which time they adopted Resolution No. 2013-48, approving addendum No. 5 to the
certified Negative Declaration for Ordinance No. 510 for a Code Amendment to revise
RPVMC Chapter 17.76.030 (Fences, Walls and Hedges); and introduced Ordinance No.
546, amending RPVMC Section 17.76.030(8)(1) to require the approval of a Fence,
Ordinance No. 546
Page 1 of 11 G-3
Wall and Hedge (FWH) 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 42 inches up to 6 feet within the street-side setback. The City Council also
directed Staff to look into the FWH application fee, and bring back a subsidized (lower)
fee based on a streamlined process; and,
WHEREAS, on August 6, 2013, based upon Staff's recommendation, the City
Council directed Staff to take the proposed streamlining component of the Fence, Wall
and Hedge application process back to the Planning Commission to obtain the
Commission's feedback on the additional code language; and,
WHERAS, on September 10, 2013, the Planning Commission reviewed Staff's
proposed amendments to create an initial site visit step for the application process
whereby Staff assesses view impacts on a preliminary basis to determine if a permit is
warranted, and directed Staff to make additional changes to the language, including
removing "hedges" from the application process so that they are reviewed similar to the
City's View Ordinance and differently than fences and walls, and to bring back revised
code language at a future hearing; and,
WHEREAS, on November 12, 2013, the Planning Commission continued the
public hearing in order for Staff to integrate the City Council initiated code amendment
to increase the allowable height of free-standing walls/fences from 6 feet to 7 feet per
the new edition of the California Building Code; and,
WHEREAS, on December 10, 2013, the Planning Commission reviewed Staff's
proposed code amendments, including amendments and additional code language to
remove "hedges" from the application process, allow hedges located outside of the front
and street-side setbacks to grow to an unspecific height provided views from
surrounding residences are not significantly impaired, change the allowable height of
freestanding fences and walls outside of the front or street-side setback areas from 6
feet to 7 feet, and clarified the height limitations of fences, walls and hedges for flag lots.
Staff was directed to return with a resolution for adoption that would recommend all
discussed changes to the City Council for adoption; and,
WHEREAS, on January 28, 2014, the Planning Commission adopted P.C.
Resolution No. 2014-05, recommending that the City Council adopt an ordinance
amending Section 17.76.030 of the City Municipal Code pertaining to fences, walls and
hedges, and recommending adoption of a resolution approving addendum No. 8 to the
certified Negative Declaration for Ordinance No. 510, for a Code Amendment to revise
RPVMC Section 17.76.030; and,
WHEREAS, on February 26, 2014, a notice was sent to 65 homeowners
associations and to interested parties within the City of Rancho Palos Verdes informing
them of this proposed code amendment; and,
Ordinance No. 546
Page 2of11 G-4
WHEREAS, on February 27, 2014, notice of the public hearing on the proposed
amendments to RPVMC Section 17.76.030 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 21000 et seq. ("CEQA"), the State's CEQA
Guidelines, California Code 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), before the meeting date copies of the draft Addendum No.
8 to the Negative Declaration for Ordinance No. 510 were distributed to the City Council
and prior to taking action on the proposed code amendment, the City Council
independently reviewed and considered the information and findings contained in
Addendum No. 8; and,
WHEREAS, on March 18, 2014, the City Council held a public hearing, at which
time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL 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: The City Council 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.
Section 3: 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 and walls that may
significantly impair the view from an adjoining lot, providing a process to minimize the
time and money required of an applicant to review a request for a new fence and wall,
remove hedges from the application process so that that they are treated differently
than walls and hedges, 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 4: That the amendments to Section 17.76.030 are necessary to
preserve the public health, safety, and general welfare, as the proposed amendments
will provide protection to view owners, a stream-lined process to applicants, and insures
that the development of each parcel of land or addition of structures occur in a manner
which is harmonious with the neighborhood and community.
Ordinance No. 546
Page 3of11 G-5
Section 5: Section 17.76.030 (Fences, Walls and Hedges) of Chapter 17.76 of
Title 17 of the Municipal Code is hereby amended to read 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.
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.
B. Fence l Wall and Hedge Permit.
1. Permit Required. A fence l wall and hedge permit shall be required for any fence
or wall or hedge placed within the rear yard or side yard setback adjacent to a
rear property line or for any 'Nall or hedge placed 'A'ithin the side yard setback
adjacent to an interior side property line of any contiguous or abutting parcel (as
determined by the director), except as specified below:
a. Fences QI 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 or 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 QI walls or hedges when the top of the fence QI wall or hedge is at a
lower elevation than that of the pad of the upslope lot.
2. Initial Site Visit. Upon submittal of an application and a site inspection fee,
as established by resolution of the city council, the director, or his/her
representative, shall conduct an initial site visit in order to determine the
type of application process that is required, as follows:
a. If based on the initial site inspection, the director, is able to determine
that there will be no view impairment to an adjacent property owner
caused by the proposed new fence or wall and the director can make
the finding described in Section 17.76.030(8)(3)(b), the fence I wall
permit shall be approved. Notice of said approval shall be sent to the
property owners adjacent to the subject property, pursuant to Section
17 .80.040 (Notice of decision by director) of this title. An adjacent
property owner may appeal the director's decision to the planning
commission pursuant to Section 17 .80.050 (Appeal to Planning
Commission) of this title. The decision of the planning commission may
be appealed to the city council pursuant to Section 17 .80.070 (Appeal to
City Council) of this title.
b. If the director is unable to determine that no view impairment will be
caused by the proposed new fence or wall, the applicant shall pay the
remainder of the application fee established by the city council and the
application shall be reviewed as described in Paragraph 3 of this
section.
32. Findings. A fence l wall and hedge permit may be approved only if the director
finds as follows:
Ordinance No. 546
Page 4of11 G-6
a. That the fence or wall or hedge would not significantly impair a view from the
viewing area, as defined in Chapter 17.02 (Single-Family Residential (RS)
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 (RS) Districts) 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, 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 permitted by this title that
does not impair a view from viewing area of another property;
c. That placement or construction of the fence Q! wall or hedge shall comply with
all applicable standards and requirements of the Rancho Palos Verdes
Municipal Code and general plan;
d. Notwithstanding finding ~(a) of this subsection ~ (B)(2)(a) of this section),
the applicant's request shall be approved if the director determines that
findings of paragraphs ~(b) and ~(c) (subsections (B)(2)(b) and (B)(2)(c)
of this sectionj 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 F(3) of this section and there is no
reasonable method to comply with subsection e F(3)of this section that
would not significantly impair a view from a viewing area of another
property.
~. Notice of Decision. The notice of decision of a fence l wall and hedge permit
made pursuant to Section 17.76.030(8)(3) shall be given to the applicant and
to all owners of property adjacent to ef 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 (Appeal to
Planning Commission) of this title.
Ordinance No. 546
Page 5of11 G-7
54. This decision of the planning commission may be appealed to the city council
pursuant to Section 17.80.070 (Appeal to City Council) of this title.
6a. 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.
7e. 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. Fence, Walls and Hedges Allowed Without a Permit. Unless restricted by conditions
imposed through a fence l wall and hedge permit issued pursuant to subsection B of
this section 17.76.030, 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 (Intersection
Visibility) of this title;
ii. When combined with a retaining wall, the total height may not exceed
forty-two inches, except as further restricted by the intersection visibility
requirements of Section 17.48.070 (Intersection Visibility) 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 8* seven feet in height shall be permitted, except for the first
twenty feet of the access way ("pole"), as measured from the
location where the pole abuts the street of access, in which case
fences and walls shall be limited to forty-two inches in height.
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 8* seven 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 viev.'
preservation and restoration provisions 1.vhich apply to foliage, to a height
that does not significantly impair a view from surrounding property,
as described in Chapter 17.02 (Single-Family (RS) District), unless the
director determines that a specific hedge height is needed to prevent
the unreasonable invasion of privacy of the hedge owner and there is
no other method by which the hedge owner can protect their privacy;
iii. When combined, the total height of witR a fence, freestanding wall or
retaining wall, the total height may not exceed eight feet, as measured
Ordinance No. 546
Page 6of11 G-8
from grade on the lower side, and may not exceed ~ seven feet, as
measured from grade on the higher side;
iv. VVhen oombined ·.vith a fenoe, freestanding wall, retaining wall or hedge,
the total height may not exoeed sixteen feet, as measured from grade on
the higher side and may not exoeed eighteen feet, as measured from
grade on the lo'Ner side; provided, the height of eaoh individual tense,
freestanding 'Nall and/or retaining wall does not exoeed the height
limitations presoribed by this title.
c. Temporary construction fences, as defined in Chapter 17.96 (Definitions), up
to~ seven 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) of this title.
2. No~residential Zoning Districts
a. Fences, walls and hedges located within the front yard and street-side
setback areas 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 (Intersection
Visibility) 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
(Intersection Visibility) of this title; and
b. Fences l walls and hedges located behind front and street-side setbacks shall
meet the following standards:
i. Up to ~ seven 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 (Intersection
Visibility) of this title;
ii. When combined with a fence, the total height may not exceed eight feet,
as measured from grade on the lower side and may not exceed ~ seven
feet as measured from grade on the higher side;
c. Temporary construction fences, as defined in Chapter 17.96 (Definitions}, up
to ~ seven 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) 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 ~ seven feet in height located in the front and street side
Ordinance No. 546
Page 7of11 G-9
setback areas; provided, the area between the street and any such fence is
landscaped, per a plan approved by the director of community development
planning;
b. A fence or wall or hedge, or any combination thereof, located outside of a
front yard 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 ~ seven
feet in height as measured from grade on the higher side;
c. Fences higher than ~ seven 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~ seven-foot height shall be constructed of wire mesh, or similar
ryiaterial, 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 .QLWall 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 (View Preservation and Restoration) of this title;
c. On corner lots, intersection visibility as identified in Section 17.48.070
(Intersection Visibility) of this title is not obstructed; and
d. The height of the retaining 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 forty-two inches in height are allowed within the front-
yard setback, including the intersection visibility triangle, provided that:
1. No portion of the hedge will exceed six feet in height;
2. The location and/or height of the existing or proposed hedge exceeding forty-two
inches allows for the safe view of on-coming vehicular traffic and pedestrians by
a driver exiting his or her driveway and does not cause a visual impairment that
would adversely affect the public health, as determined by the director of public
works; and
3. The height of the hedge exceeding forty-two inches does not significantly impair
a view from the viewing area of 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 for a site plan review
permit and obtains approval of said permit. The approval of said permit shall
Ordinance No. 546
Page 8of11 G-10
include a condition of approval that specifies the hedge's permitted height above
forty-two inches and that the hedge shall be maintained at said height.
5. Hedges that exceed thirty inches in height and are located within the intersection
visibility triangle shall be reviewed pursuant to the criteria set forth in Section
17.48.070(D).
F. General Regulations.
1. 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.
2. Ret~ining 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.
3. 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.
4. 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 (Q) 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.
5. Chain link, chicken wire and fiberglass fences are prohibited in front yards
between the front property line and the exterior facade of the existing single-
family residence closest to the front property line, in side yards between the
street-side property line and the exterior facade 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;
Ordinance No. 546
Page 9of11 G-11
i. Palos Verdes Drive West; and
j. Silver Spur Road.
Section 6: The amendments to Title 17 of the Rancho Palos Verdes
Municipal Code identified herein shall apply to all development applications submitted
after the effective date of the adoption of said ordinance.
Section 7: Existing hedges shall be governed by the provisions of this
ordinance. Other than prior City approvals of any existing hedges, 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 8: Severability. If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this ordinance or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remainder of
this ordinance. The City Council hereby declares that it would have adopted this
ordinance, and each and every section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared
invalid or unconstitutional.
Section 9: The City Clerk shall cause this Ordinance to be posted in three
(3) public places in the City within fifteen (15) days after its passage, in accordance with
the provisions of Section 36933 of the Government Code. The City Clerk shall further
certify to the adoption and posting of this Ordinance, and shall cause this Ordinance
and its certification, together with proof of posting, to be entered in the Book of
Ordinances of the Council of this City of Rancho Palos Verdes.
Section 10: This Ordinance shall go into effect and be in full force and effect
at 12:01 AM on the 31st day after its passage.
Ordinance No. 546
Page 10 of 11 G-12
PASSED, APPROVED, AND ADOPTED this_ day of April 2014.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Ordinance No. 546 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on April_, 2014.
City Clerk
Ordinance No. 546
Page 11 of 11 G-13