RPVCCA_CC_SR_2012_11_20_C_Code_Amendment_RPVMC_Section_17.76.030_Fences_Walls_HedgesCITY OF
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR &MEMBERS OF THE CITY COUNCIL
JOEL ROJAS,COMMUNITY DE~~ENT DIRECTOR
NOVEMBER 20,2012 Uv
SUBJECT:INITIATION OF A CODE AMENDMENT TO REVISE RPVMC SECTION
17.76.030 (FENCES,WALLS AND HEDGE~).'
REVIEWED:CAROLYN LEHR,CITY MANAGER ~
Staff Coordinator:Abigail Harwell,Assistant Planner$
RECOMMENDATION
Initiate a Code Amendment to:1)revise Section 17.76.030 of the RPVMC (Fences,Walls
and Hedges)to require new fences,walls and hedges within specified setbacks be subject
to a Fence,Wall and Hedge Permit,thereby affording view protection from said fences,
walls and hedge to more property owners;and,2)make minor clean-up amendments to
Section 17.76.030 to clarify combination hedge heights and applicability of a Minor
Exception Permit for fences.
BACKGROUND
At the October 16,2012 City Council Study Session,Councilman Knight presented his
request for the City Council to move forward on a code amendment to correct a loophole in
the Development Code's existing language for when a Fence,Wall and Hedge permit is
required which is resulting in less view protection to certain residents.The City Council
unanimously agreed to place the item on a future agenda to formally initiate the code
amendment.
DISCUSSION
As noted in Councilman Knight's memorandum (attached),the existing language of
Development Code Section 17.76.030(8)(1)was written with the assumption that rear
property lines abut other rear property lines,and side property lines abut other side
property lines.Situations where a rear property line may not abut another rear property
line,or when a side property line does not abut another side property line,which is often
found with flag lots or lots on private streets and/or driveways are not addressed.
C-1
City Council Meeting
Initiation Request:Fences,Walls and Hedges Code Amendment
November 20,2012
According to Staff's estimate,there are approximately 1,000 properties (about 7%of the
properties)in the City in which a property's defined rear or side property line does not abut
another property's rear or side property line,respectively.
As Councilman Knight points out,"the purpose of 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."Thus,
despite the Code's intent to protect views that may be impacted by new fences,walls or
hedges,depending upon lot configuration,in some cases a property owner is able to
construct a new fence,wall or hedge along their rear or side property line that may cause
view impairment to another property.In these situations,Staff has no authority to require a
Fence,Wall and Hedge permit which would afford view prevention to an adjoining property
owner,even though the purpose of the Fence,Wall and Hedge permit is intended to
address view issues.
'f'
Staff agrees with Councilman Knight's proposal for the Same reason articulated by
Councilman Knight.Therefore,Staff is recommending that a Code Amendment be
initiated by the City Council so that the language within the Fence,Wall and Hedge Section
17.76.030(B)(1)can be amended to address the issue above.In addition,Staff believes
that this would be an opportunity to clarify the language of the Fences,Walls and Hedges
Permit section and to clear up two other issues within the greater Fence,Wall and Hedge
Permit section.The first involves clarifying the height permitted for combinations of
hedges,walls and fences.The second involves clarifying that a Minor Exception Permit is
not required for fences higher than 42 inches up to 6 feet within the street-side setback as
this is currently allowed by-right per Section 17.76.030(C)(1)(b)(i).These issues will be
addressed with the Planning Commission in addition to Councilman Knight's request.
With initiation of the proposed code amendment this evening,Staff will work with the City
Attorney to craft the specific code amendment language.The language will be presented
to the Planning Commission for its review and approval.The Planning Commission's
recommendation will then be presented to the City Council for its ultimate review and
adoption.
FISCAL IMPACT
The processing of the requested Code Amendment would have minimal impact on the
Department's budget.It should be noted that currently,a Fence,Wall and Hedge Permit
application has a fee of $2,192 that is paid by the property owner in order to offset costs
incurred to process the application.As the proposed Code Amendment would affect more
properties,the application fee would be an additional cost to some property owners who
would have otherwise been exempted from requiring City approval of a Fence,Wall and
Hedge Permit under existing regulations.
CONCLUSION
Based upon the discussion above,Staff recommends that the Council initiate a Code
C-2
City Council Meeting
Initiation Request:Fences,Walls and Hedges Code Amendment
November 20,2012
Amendmentfor RPVMC Section 17.76.030 (Fences,walls and hedges)to:1)revise the
language for when a Fence,Wall and Hedge Permit is required,2)clarify the height
restrictions for hedges when combined with a fence,freestanding wall or retaining wall,and
3)clarify when application of a Minor Exception Permit is required.
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the City
Council to consider:
1)Do not initiate any code amendments at this time and leave Code Section
17.76.030 as is;or,
2)Initiate a Code Amendment to revise the requirements for when a Fences,Walls
and Hedge Permit is required,but do not revise Sectiop1'7.76.030(C)(1)(b)(iv)to
clarify the hedge height limitations or Section 17.76.030(D)clarifying when
application of a Minor Exception Permit is required;or,
3)Pursue another option and direct Staff to bring back additional information at a
future meeting.
ATTACHMENTS:
•Council Member Jim Knight's Memorandum from the October 16,2012 Study Session
•Existing Code Language from Section 17.76.030 (Fences,walls and hedges)
C-3
CITY 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.B.1 requires that a ~'Fence,Wall &Hedge
Permit"be obtained to place certain fences,walls or hedges on~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 priorto
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 cod~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 B1 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.
C-4
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 intersections and unnecessary impairment of views.
B.Fence,Wall and Hedge Permit.
1.Permit Required.A fence,wall and hedge permit shall be required for any fence,wall or
hedge placed within the rear yard setback adjacent to a rear property line or for any wall or
hedge placed within 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,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,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,walls or hedges when the top of the fence,walt or hedge is at a lower elevation
than that of the pad of the upslope lot.
2.Findings.A fence,wall and hedge permit may be approved only if the director finds as
follows:
a.That the fence,wall or hedge would not significantly impair a view from the viewing area,
as defined in Chapter 17.02 (Single-Family Residential 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 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,wall or hedge shall comply with all
applicable standards and requirements of the Rancho Palos Verdes Municipal Code and
general plan;
d.Notwithstanding finding (2)(a)(subsection (B)(2)(a)of this section),the applicant's
request shall be approved if the director determines that findings (2)(b)and (2)(c)
(subsections (B)(2)(b)and (B)(2)(c)of this section)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
C-5
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 of this section and there is no reasonable method to
comply with subsection E of this section that would not significantly impair a view
from a viewing area of another property.
3.Notice of Decision.The notice of decision of a fence,wall and hedge permit shall be given to
the applicant and to all owners of property adjacent to 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 (Hearing Notice and Appeal
Procedures)of this title.
4.The decision of the planning commission may be appealed to the city council pursuant to
Section 17.80.070 (Hearing Notice and Appeal Procedures)of this title.
5.·The director,the planning commission and city council may impose such conditions on the
,"
approval of a permit as are necessary to protect the publjc~ealth,safety and welfare and to
carry out the purpose and intent of this section.
6.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.Fences,Walls and Hedges Allowed Without a Permit.Unless restricted by conditions imposed
through a fence,wall and hedge permit pursuant to subsection B of this section,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 (Lots,setbacks,open space
areas and building height)of this title;
ii.When combined with a retaining wall,the total height may not exceed forty-two
inches,except as restricted by the intersection visibility requirements of Section
17.48.070 (Lots,setbacks,open space areas and building height)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 six feet in
height shall be permitted.
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 six 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 view preservation and restoration
provisions which apply to foliage,as described in Chapter 17.02 (Single-family
Residential Districts);
C-6
iii.When combined with a fence,freestanding wall or retaining wall,the total height may
not exceed eight feet,as measured from grade on the lower side,and may not
exceed six feet,as measured from grade on the higher side;
iv.When combined with a fence,freestanding wall,retaining wall or hedge,the total
height may not exceed sixteen feet,as measured from grade on the higher side and
may not exceed eighteen feet,as measured from grade on the lower side;provided,
the height of each individual fence,freestanding wall and/or retaining wall does not
exceed the height limitations prescribed by this title.
c.Temporary construction fences,as defined in Chapter 17.96 (Definitions),up to six 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)(environmental
protection)of this title.
2.Nonresidential 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 within the front or street-side
setback areas,except as restricted by the intersection visibility requirements of
Section 17.48.070 (Lots,setbacks,open space area and building height)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 (Lots,setbacks,open space
area and building height)of this title.
b.Fences,walls and hedges located behind front and street-side setbacks shall meet the
following standards:
i.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 by the intersection visibility
requirements of Section 17.48.070 (Lots,setbacks,open space area and building
height)of this title.
ii.When combined with a retaining wall,the total height may not exceed eight feet as
measured from grade on the lower side and may not exceed six feet as measured
from grade on the higher side.
c.Temporary construction fences,as defined in Chapter 17.96 (Definitions),up to six 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 (Environmental
protection)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
six feet in height located in the front and street-side setback areas;provided,the area
between the street and any such fence is landscaped,per a plan approved by the
director of planning;
C-7
b.A fence,wall or hedge,or any combination thereof,located outside of a front 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 six feet in height as measured from grade on the higher
side;
c.Fences higher than six 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 six-foot height shall be
constructed of wire mesh,or similar material,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,wall 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 (Single-Family Residential Districts)of this title;
c.On corner lots,intersection visibility as identified in Section 17.48.070 (Lots,Setbacks,
Open Space Area and Building Height)of this title is not obstructed;and
d.The height of the retaining wall portion does not exceed the grading limits set forth in
Section 17.76.040 (Grading permit)of this title.
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 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 District)of this title.All
C-8
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;.1/"
h.Palos Verdes Drive South;
i.Palos Verdes Drive West;and
j.Silver Spur Road.
(Amended during 11-97 supplement;Ord.320 §7 (part),1997:Ord.254 §§2-4.1990;Ord.194 §10 (part),1985;
Ord.175 §§14-18,1983;Ord.150 §§15,16.1982;Ord.132 §3 (part),1980;Ord.90 §5 (part),1977;Ord.75
(part),1975)(Ord.No.510,§§13.14,16,6-29-10)
C-9