RPVCCA_CC_SS_2012_10_16_02A_Development_Code_Fence_Wall_Hedge_PermitCITY OF
MEMORANDUM
RANCHO PALOS VERDES
To:
From:
Date:
City Council Members
Council Member Jim Knight
October 16,2012
I was prepared at our last Council meeting to bring this agenda item forth but we waived
"Future Agenda Items".So I would like to bring this forth in our Oct.16th Study Session.It
is a minor clean-up of our development code and not major policy issue.
Existing Development Code Section 17.76.030.8.1 requires that a "Fence,Wall &Hedge
Permit"be obtained to place certain fences,walls or hedges on a private property.The
purpose of the permit requirement is to ensure that the proposed fence,wall or hedge is
approved at a height that does not significantly impair the abutting neighbor's view while
taking into account the applicant's privacy needs.
Currently,with some exceptions,a Fence,Wall &Hedge Permit is required prior to
installing a fence,wall or hedge within the rear yard setback (generally the area within 20
feet of the rear property line)of a resident's lot which abuts the rear property line of an
abutting lot.This is because the code assumes all properties have rear yards abutting,
which is the case for the majority of properties in our city.But the code does not take into
consideration other types of lot configurations such as some corner lots or flag lots wherein
a rear yard may abut a side or front yard.In these cases,simply because of how the code
is written to only address fences,walls and hedges in rear yards abutting rear property
lines,there is no view protection to an abutting neighbor because said fence,wall or hedge
does not need to go through the permit review process.A variance to the code is not an
option for relief because variances only allow for an exception to a code standard and
there is no code standard that addresses these circumstances that can occur with flag or
corner lots.
I have been contacted by at least one resident in which their lot configuration is not taken
into consideration under the current code and as a result they do not have the same
.property rights as other neighboring residents.I feel that it should be the City's intent to
administer our development code in a fair and even manner leaving no one in a situation in
which their property's lot configuration denies that property owner a substantial right other
property owners enjoy.
I believe the change would only require an addition of a sentence or two in Sec.17.76.030
subsection 81 to accommodate unique situations that can arise with flag lot or corner lot
configurations.Staff will come back with their recommendations for our consideration.
If Council agrees that this code change should proceed,then it would go before the
Planning Commission for their review and recommendation after which it would come back
to Council for consideration of final approval.
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