RPVCCA_CC_SR_2014_06_17_12_Urg_Ord_Repair_Replace_Walls_FencesCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO: S OF THE CITY COUNCIL
FROM: DEVELOPMENT DIRECTOR
DATE: JUNE 17, 2014
SUBJECT: ADOPTION OF URGENCY ORDINANCE AND INTRODUCTION OF
NON-URGENCY ORDINANCE TO ESTABLISH A PROCEDURE FOR
THE REPAIR/REPLACEMENT OF CERTAIN PRIVATE WALLS AND
FENCES ALONG THE CITY'S MAJOR ARTERIAL STREETS
REVIEWED: CAROLYNN PETRU, ACTING CITY MANAGE~~~
RECOMMENDATION
Adopt Urgency Ordinance No._ and introduce Ordinance No._, thereby immediately
establishing a review procedure to ensure that privately owned rear and street side yard
walls or fences that abut a major arterial street and need to be repaired and/or replaced by
the property owner will match the pre-existing and adjoining tract perimeter wall or fence
that abuts the adjacent street.
BACKGROUND
In 2012, there was a situation where a privately owned damaged block wall along
Hawthorne Boulevard was repaired by the property owner in a manner that did not match
the pre-existing perimeter tract wall that is visible along the public right-of-way. In addition,
it came to Staff's attention that certain property owners were planning to replace their
existing rear property line fences or walls along arterials. Since the City's current
Development Code does not provide any specific regulations or restrictions regarding the
repair or replacement of privately owned uniform perimeter fencing or walls, Staff brought
the issue to the City Council's attention that a property owner could use materials that differ
from the pre-existing wall or fence, thereby constructing segments of walls or fences that
do not match the remainder of the pre-existing original tract wall or fence.
As such, on November 7, 2012, the City Council initiated a code amendment to address
this issue and adopted Urgency Ordinance No. 541 U, which imposed a moratorium on the
replacement or repair of privately owned fences or walls along arterial streets within the
City. As the original urgency ordinance was effective for only 45-days, on December 8,
2012, the City Council adopted Urgency Ordinance No. 543U extending the moratorium for
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an additional 10 months and 15 days, the maximum extension permitted by State law,
expiring on November 6, 2013.
On May 14, 2013, the Planning Commission held a duly noticed public hearing at which
time Staff presented its recommendation for new code language addressing the
replacement of walls and fences along the City's arterial streets. Ultimately, the Planning
Commission recommended the following code amendments to deal with this issue:
1. When desired to be repaired or replaced by the fence or wall owner, a requirement
that arterial street walls and fences on private property be repaired or replaced in a
manner that matches the pre-existing and adjacent wall/fence in terms of location,
height and materials;
2. When desired to be repaired or replaced by the fence or wall owner, a requirement
th~t chain link fences along arterial streets to be replaced with black aluminum
fencing; and,
3. A process that allows Homeowners Associations or existing neighborhood groups to
completely change the style of the perimeter fence or wall along their specific tract;
and,
4. The addition of Western Avenue to the current list of major arterial streets listed in
Section 17.76.030(F)(5) as letter 'k.'
The Planning Commission also made a recommendation to the City Council to address the
overall patchwork of different fencing and barrier wall styles found throughout the City's
arterial streets. Specifically, the Commission recommended that the City facilitate the
installation of irrigation and landscaping within the City's right-of-way along arterial fences
and walls to help screen existing walls or fences with vegetation.
The Planning Commission's recommendations were presented to the City Council for
consideration on August 6, 2013. After much discussion, the City Council agreed to not
adopt the Planning Commission's recommendations but to direct Staff to return with
additional alternatives for dealing with the arterial wall/fence issue at a future meeting. Due
to other priorities and staffing issues in both the Public Works and Community
Development Departments, this item has not been brought back to the City Council for
further discussion.
It has recently come to Staff's attention that certain property owners are planning to replace
their existing rear property line fences or walls along arterials with materials that differ from
the pre-existing wall or fence. Since the temporary moratorium on the repair and
replacement of arterial walls and fences expired on November 6, 2013 and an additional or
extended moratorium cannot be imposed, Staff is recommending that the City Council
adopt an Urgency Ordinance and introduce a non-urgency ordinance that would establish a
new review procedure to ensure that privately owned rear and street side yard walls or
fences abutting an arterial street that need to be repaired and/or replaced by the property
owner must match the pre-existing and adjoining tract perimeter wall or fence that abuts
the adjacent street. The two ordinances are identical other than the urgency findings.
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DISCUSSION
The attached urgency and non-urgency ordinances being proposed by Staff would
establish a procedure whereby the Community Development Director would review and
approve the repair or replacement of existing fences or walls along the City's major arterial
streets to ensure that the repaired or replaced wall/fence matches as much as possible the
pre-existing tract perimeter wall or fence that abuts the arterial street. This would apply to
fences/walls along the City's major arterial streets currently identified in Municipal Code
Section 17.76.030(F)(5) which include Crenshaw Blvd., Crest Road, Hawthorne Blvd.,
Highridge Road, Miraleste Drive, PV Drive East, PV Drive North, PV Drive South, PV Drive
West and Silver Spur Road (Western Avenue is currently not included in the Code).
Since the intent is to maintain the look of existing uniform tract or neighborhood fences or
walls, individual property owners who are not part of a tract or development where a
uniform "'.Vall or fence exists will not be required to rebuild their wall like-for-like. The
proposed review procedure would go into effect immediately upon adoption of the Urgency
Ordinance.
Below is the specific language that Staff recommends be added to Municipal Code Section
17.76.030(F):
6. Replacement of Privately Owned Fences and Walls along Arterial Streets. Any
existing fence or wall that is part of an existing uniform fence or wall design and is
located within a rear yard setback of a private property located along any of the
arterial streets listed in Section 17. 76. 030(F)(5) shall be replaced or repaired at the
same height and location and with the same materials and color as the original
uniform fence or wall, to the satisfaction of the Community Development Director.
ADDITIONAL INFORMATION
While the proposed ordinances will help preserve the look of existing uniform tract or
neighborhood fences or walls along the City's arterial streets, the amendment does not
deal with the more complicated issue of how to address the patchwork of different fencing
and barrier wall styles found throughout the City's arterial· streets. As noted earlier, on
August 6, 2013, the City Council discussed the Planning Commission's recommendation
on this issue, which is that the City facilitate the installation of irrigation and landscaping
within the City's right-of-way along arterial fences and walls to help screen existing walls or
fences with vegetation thus achieving a more uniform aesthetic look over time. However,
the Public Works Department raised a number of issues with this approach. Specifically, it
was pointed out that there would likely be long-term costs to the City associated with the
maintenance of any irrigation system and the trimming/replacement of the vegetation;
some areas along major arterials may not have enough room for irrigation and/or
landscaping; and efforts to screen fences or walls with vegetation could result in City-
planted vegetation damaging adjacent private walls/fences. For these and other reasons,
the Council agreed to not adopt the Planning Commission's recommendations, but instead
directed Staff to return with additional alternatives for dealing with the arterial wall/fence
issue at a future meeting. Staff intends to work with Public Works Staff and present
alternatives to the Council at its next available agenda, which is in September.
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FISCAL IMPACT
There are no fiscal impacts associated with adopting the proposed Ordinance. Any Staff
time associated with implementing the proposed ordinance would be minimal and
absorbed by the Community Development's Department's current budget.
CONCLUSION
Based upon the discussion above, Staff recommends that the Council adopt the Urgency
Ordinance and introduce the Non-Urgency Ordinances to establish a review procedure to
ensure that privately owned rear and street side yard walls or fences abutting an arterial
street that need to be repaired and/or replaced by the property owner match the pre-
existing t~act perimeter wall or fence that abuts the adjacent street. In addition, Staff will
work on possible alternatives for presentation to the Council in September on addressing
the overall patchwork of different fencing and barrier wall styles found throughout the City's
arterial streets.
ATTACHMENTS
• Urgency Ordinance No. __
• Ordinance No.
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ORDINANCE NO. U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REQUIRING APPROVAL BY THE COMMUNITY DEVELOPMENT
DIRECTOR OF PRIVATELY OWNED FENCES OR WALLS ALONG
CERTAIN ARTERIAL STREETS WITHIN THE CITY, AND DECLARING
THE URGENCY THEREOF.
WHEREAS, over the past few years existing fences and walls along major
arterial streets within the City have needed repair or replacement due to aging
conditions, vehicle accidents or other factors; and,
WHEREAS, in some cases these fences and walls have been repaired or
replaced with materials different from what was originally installed and thus changes the
visual character of the arterial corridor; and,
WHEREAS, currently the Development Code does not regulate the repair or
reconstruction of fences or walls along the arterial walls, and only specifies that chain
link, chicken wire and fiberglass fences are prohibited in setbacks which abut specified
arterial streets; 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 of Regulations, Title 14, Section 15061 (b)(3) et seq., the
City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous
Waste and Substances Statement), the City of Rancho Palos Verdes determined that
there is no substantial evidence that approval would result in a significant adverse effect
on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: Paragraph (F) of Section 17.76.030 of Chapter 17.76 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph
6 thereto to read as follows:
6. Replacement of Privately Owned Fences and Walls along Arterial Streets. Any
existing fence or wall that is part of an existing uniform fence or wall design and is
located within a rear yard setback of a private property located along any of the
arterial streets listed in Section 17. 76.030(F)(5) shall be replaced or repaired at
the same height and location and with the same materials and color as the
original uniform fence or wall, to the satisfaction of the Community Development
Director.
1720510
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Section 2: In order to protect the public health, safety and welfare it is
necessary for the City of Rancho Palos Verde$ to adopt an urgency ordinance to
establish immediately a procedure to regulate the repair and reconstruction of walls or
fences along the City's arterial streets so the Director of Community Development can
review the proposed design of the repair and reconstruction of these walls and fences
to ensure that they are constructed of materials and in a manner that is uniform and
harmonious with the existing walls and fences so as to maintain aesthetic harmony
along the City's arterial streets visual corridors. Therefore, this ordinance is necessary
for the public health, safety and welfare and shall take effect immediately upon its
adoption as an Urgency Ordinance.
Section 3: The City Clerk of the City of Rancho Palos Verdes shall certify to
the passage and adoption of this ordinance and shall cause the same to be posted in
the manner required by law.
PASSED, APPROVED AND ADOPTED THIS 1?1h DAY OF JUNE 2014.
MAYOR
ATTEST:
CITY CLERK
1720510
Ordinance No.
Page 2 of 3
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
SS
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing Urgency Ordinance No. _ was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on June 17, 2014, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
1720510
Ordinance No.
Page 3 of 3
12-7
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
REQUIRING APPROVAL BY THE COMMUNITY DEVELOPMENT
DIRECTOR OF PRIVATELY OWNED FENCES OR WALLS ALONG
CERTAIN ARTERIAL STREETS WITHIN THE CITY.
WHEREAS, over the past few years existing fences and walls along major
arterial streets within the City have needed repair or replacement due to aging
conditions, vehicle accidents or other factors; and,
WHEREAS, in some cases these fences and walls have been repaired or
replaced with materials different from what was originally installed and thus changes the
visual character of the arterial corridor; and,
WHEREAS, currently the Development Code does not regulate the repair or
reconstruction of fences or walls along the arterial walls, and only specifies that chain
link, chicken wire and fiberglass fences are prohibited in setbacks which abut specified
arterial streets; 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 of Regulations, Title 14, Section 15061(b)(3) et seq., the
City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous
Waste and Substances Statement), the City of Rancho Palos Verdes determined that
there is no substantial evidence that approval would result in a significant adverse effect
on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: Paragraph (F) of Section 17.76.030 of Chapter 17.76 of Title 17 of
the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph
6 thereto to read as follows:
6. Replacement of Privately Owned Fences and Walls along Arterial Streets. Any
existing fence or wall that is part of an existing uniform fence or wall design and is
located within a rear yard setback of a private property located along any of the
arterial streets listed in Section 17. 76. 030(F)(5) shall be replaced or repaired at
the same height and location and with the same materials and color as the
original uniform fence or wall, to the satisfaction of the Community Development
Director.
Section 2: The City Clerk of the City of Rancho Palos Verdes shall certify to
the passage and adoption of this ordinance and shall cause the same to be posted in
the manner required by law.
1720510
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PASSED, APPROVED AND ADOPTED THIS 1ih DAY OF JUNE 2014.
MAYOR
ATTEST:
CITY CLERK
1720515
Ordinance No.
Page 2 of 3
12-9
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)
)
)
SS
I, CARLA MORREALE, City Clerk of the City of Rancho Palos Verdes, do
hereby certify that the whole number of members of the City Council of said City is five;
that the foregoing Urgency Ordinance No. _ was duly and regularly adopted by the
City Council of said City at a regular meeting thereof held on June 17, 2014, and that
the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
1720515
Ordinance No.
Page 3 of 3
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