RPVCCA_CC_SR_2012_11_07_04_Urg_Ord_Tract_Fences_ZON_2012_00355CfTYOF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECt:
REVIEWED:
HONORABLE MAYOR &MEMBERS OF THE CITY COUNCIL
JOEL ROJAS,COMMUNITY~MENT DIRECTOR
NOVEMBER 7,2012
URGENCY ORDINANCE TO IMMEDIATELY II"POSE REGULATIONS
FOR REPAIRING/REPLACING ORIGINAl:!TRACT FENCES AND
WALLS ALONG ARTERIAL STREETS (ZON2012-00355)
CAROLYN LEHR,CITY MANAGER ~
Staff Coordinator:Abigail Harwell,Assistant Planner
RECOMMENDATION
1.Adopt Urgency Ordinance No.__,imposing a Moratorium on the replacement or
repair of privately owned fences and walls along arterial streets within the City so the
City can adopt an ordinance that will require such fences and walls to be repaired or
replaced with walls and fences that are the same height,location,materials and
colors as the pre-existing uniform fences or walls;and,
2.Initiate a Code Amendment to amend RPVMC Section 17.76.030(E)to require
consistency between walls or fences that are being repaired or replaced and the pre-
existing wall or fence.
BACKGROUND
,Earlier this year,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.More
recently,residents have alerted Staff that certain properties are planning to replace their
existing rear property line fences or walls along arterials.The City's current Development
code does not provide any specific regulations or restrictions regarding the repair or
replacement of privately owned fences or walls along the City's arterial streets.Therefore,
when repairing or replacing such existing walls or fences,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 wall or fence.
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City Council Meeting
Urgency Ordinance:Fences and Walls along Arterial Streets
November 7,2012
While there are examples of this occurring along different arterials in the City over the
years,Staff believes that due to the age of these walls and fences,together with the desire
for more modern looking walls or fences by property owners,Staff believes that there may
be a higher frequency of these repairs and replacements without regulation.Since this
may result in visually unappealing arterial corridors in the City,Staff is proposing to initiate
a code amendment to address this issue.Furthermore,because of information received
from residents of some imminent private wall replacements,Staff is proposing that an
Urgency Ordinance be adopted this evening that would impose a moratorium to prevent
walls and fences from being replaced while an ordinance is being drafted by Staff and
reviewed by the public,the Planning Commission and the City Council at duly noticed
public hearings.
DISCUSSION
The City's Development Code Section 17.76.030 (Fences,Walls and Hedges)regulates
where and how privately owned fences,walls and hedges can be erected within the City.
Currently,the only portion ofthis Code Section addressing privately owned fences or walls
along arterial roadways is Section 17.76.030(E)(5),which states that chain link,chicken
wire and fiberglass fences are prohibited in the rear yard setback of private property along
the following arterial streets:
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;
i.Palos Verdes Drive West;and
j.Silver Spur Road.
Staff is recommending that language be added to this section that would require property
owners to repair or replace privately owned tract perimeter fences or walls along arterials
with a fence or wall that is the same height,location,materials and color as the pre-existing
,original tract perimeter fence or wall.Below is proposed language that Staff recommends
be considered by the Planning Commission and City Council at future public hearings to be
added to Section 17.76.030(E):
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(E)(5)shall be replaced or repaired at the
same height and location as the original fence and wall,and with the same materials
and color as the pre-existing uniform fence or wall,to the satisfaction of the
Community Development Director.
4-2
City Council Meeting
Urgency Ordinance:Fences and Walls along Arterial Streets
November 7,2012
As previously noted,chain link fences along arterial streets are currently prohibited by the
Code. However,Development Code Section 17.84.060.C.2 allows any non-conforming
structures that do not require a permit (which applies to free-standing walls and fences 6
feet or less in height)that are damaged or deteriorated to be restored to original condition
provided such restoration does not pose a "significant safety hazard".Therefore,existing
chain link fences along arterials are allowed to be replaced.
Because of recent information received from residents about pending wall replacements,
along arterial streets,Staff believes that an Urgency Ordinance is needed to prevent the
possibility of new walls being constructed along arterial streets that are inconsistent with
the existing visual character of the area and the tract within which the residence is located.
The adoption of an Urgency Ordinance will impose a moratorium immediately for a period
of forty-fi\le (45)days to prevent inconsistent walls and fences from being constructed while
the formal public hearing and review process occurs.
The 45-day period may be extended one time by the City Council,following a duly noticed
public hearing,for an additional ten months and fifteen days.To avoid a situation from
arising where a property owner cannot secure his or her property while an ordinance is
being considered by the Planning Commission and City Council, the proposed urgency
ordinance allows the Director to issue a permit to allow a pre-existing wall or fence along
an arterial to be replaced with a wall or fence that is the same as the pre-existing wall or
fence.
In order to begin the public hearing process,the City Council is also being asked to initiate
a Code Amendment.By initiating the Code Amendment process,the new code language
will be vetted by the Planning Commission and then by the City Council through a public
hearing process.As part of the public hearing process,all property owners abutting the
noted arterial streets will receive a public notice announcing the date and time of any public
hearings.The City Council will have final decision on the matter.
ADDITIONAL INFORMATION
During the public review process of the Code Amendment,Staff will develop various
alternatives for the Planning Commission and City Council to consider.For example,an
alternative may include additional language identifying specific types of materials,colors
and fence or wall designs that property owners would be required to adhere to for new
walls or fences to create long-term visual consistency along arterial corridors.Another
alternative could include the City creating an arterial corridor design program that would
link specific private fence or wall designs with a streetscape plan that could also address
landscaping installed within the public right-of-way.Other alternatives may consider
leaving the code as it currently exists,or other options presented by property owners during
the public noticing period.
4-3
City Council Meeting
Urgency Ordinance:Fences and Walls along Arterial Streets
November 7,2012
CONCLUSION
Based upon the discussion above,Staff recommends that the Council adopt Urgency
Ordinance No._,which would create a moratorium on the repair and replacement of
existing walls until RPVMC Section 17.76.030(E)is amended to require fences and walls
repaired along arterial streets to be replaced with walls and fences which are the same
height,location,materials and colors as the pre-existing wall orfence,and to initiate a code
amendment to formally adopt changes to this section through the public hearing process.
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the City
Council to consider:
1)Retain Chapter 17.76.030(E)(5)as currently codified,which prohibits certain
materials from being used along major arterials and do not initiate a code
amendment;or
2)Initiate a Code Amendment to amend Section 17.76.030(E)(5),without an urgency
ordinance,and allow residents to rebuild fences or walls as currently regulated
during the public hearing and review process;or
3)Direct Staff to explore other options for addressing this issue.
ATTACHMENTS
•Existing Code Language from Section 17.76.030(E)(General Regulations)
•Urgency Ordinance No._U
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ATTACHMENT 1
Existing Code Language from Section
17.76.030(E)(General Regulations)
4-5
City Council Meeting
Urgency Ordinance:Fences and Walls along Arterial Streets
November 7,2012
17.76.030(E)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.Retaining 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 dOOI tb 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 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;
i.Palos Verdes Drive West;and
j.Silver Spur Road.
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ORDINANCE NO.U
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES IMPOSING
A MORATORIUM ON THE REPLACEMENT OR REPAIR OF PRIVATELY
OWNED FENCES OR WALLS ALONG 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 that differ from those that were installed originally and,by their inconsistency,
have adversely altered the visual character of the area and have adversely affected the
aesthetic condition of the arterial corridor;and,
WHEREAS,currently the City's Development Code dg,e9"not regulate the repair or
reconstruction of fences or walls along the arterial streets within the City and only specifies
that chain link,chicken wire and fiberglass fences are prohibited in setbacks which abut
specified arterial streets;and,
WHEREAS,recently,residents have alerted City Staff that the owners of certain
properties are planning to replace their existing rear property line fences or walls along
arterial streets.Because The City's Development code does not provide any specific
regulations or restrictions regarding the repair or replacement of privately owned fences or
walls along the City's arterial streets,property owners 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 wall or fence,which could create an
aesthetic blight within these areas of the City;
WHEREAS,in order to preserve the uniformity and visual character of the City's
arterial corridors,a moratorium on the replacement or repair of privately owned fences or
walls along arterial streets is needed to allow time so the City can adopt an ordinance that
will require such fences and walls to be repaired or replaced with walls and fences that are
placed in the same location,and are the same height and constructed of the same
materials and colors as the pre-existing uniform fences or walls;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 Council of the City of Rancho Palos Verdes has determined that there
is no substantial evidence that approval of this Ordinance 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:The City Council has reviewed and considered the moratorium on the
replacement or repair of privately owned fences and walls along arterial streets within the
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City and concurs that each of the recitals set forth above is true and correct and are hereby
made a part of this urgency ordinance.
Section 2:The City Council adopts this interim ordinance,effective immediately,
prohibiting the replacement or repair of privately owned fences or walls along the following
arterial streets in any zoning district of the City,pursuant to the authority set forth in
California Government Code Section 65858:
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;
i.Palos Verdes Drive West;and
j.Silver Spur Road.
Section 3:The City Council finds that the moratorium will allow the City to initiate
and process a code amendment to the City's Municipal Code to regulate the repair and
replacement of fences and walls along the above-listed arterial streets within the City.
Section 4:To avoid a situation from arising where a property owner,due to
damage to an existing wall or fence,cannot secure his or her property while an ordinance is
being considered by the Planning Commission and City Council,this urgency ordinance
exempts from the provisions of this urgency ordinance,and allows the Director,folloWing
receipt of an application from a property owner,to issue a permit to the property owner so
that the property owner may repair or replace a pre-existing wall or fence along any of the
arterial streets listed above with a wall or fence that is in the same location and is the same
height and is constructed of the same materials and colors as the pre-existing fence or wall.
Section 5:The City Council further finds that this urgency ordinance has no
likelihood of causing a significant adverse impact on the environment and,accordingly,both
the City Council's action of adopting this ordinance and the effects that are derived from
that adoption are found to be exempt from the application of the California Environmental
Quality Act,as amended,pursuant to Section 15061 (b )(3)of the State CEQA Guidelines
(Title 14 CCR.15061(b)(3).)This finding is premised on the fact that the adoption of this
,urgency ordinance will maintain the current environmental conditions arising from the
existing fences or walls,and that repair or replacement of these fences or walls on
residential properties will not alter these environmental conditions.
Section 6:In order to protect the public health,safety and welfare it is necessary
for the City of Rancho Palos Verdes to adopt an urgency ordinance to establish a
moratorium on the repair and reconstruction of walls or fences along the arterial streets in
order for the City to establish criteria through a code amendment that would regulate the
repair and reconstruction of these walls and fences in a manner which is uniform and
harmonious with the arterial streets'visual corridors.Therefore,this ordinance is necessary
Ordinance No.
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for the public health,safety and welfare and shall take effect immediately upon adoption as
an Urgency Ordinance.
Section 7:The Community Development Director and the City Clerk shall
undertake all actions legally necessary to extend this interim ordinance in the event the
direction desired by the this City Council will not be concluded on or before the forty-fifth day
subsequent to the adoption of this interim ordinance.
Section 8: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 i h DAY OF NOVEMBER 2012 .
.,.MAYOR
ATTEST:
CITY CLERK
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._U was duly and regularly adopted by the City Council
of said City at a regular meeting thereof held on November 7,2012,and that the same was
passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY CLERK
Ordinance No.
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