RPVCCA_CC_SR_2012_12_18_02_Extension_To_Urgency_Ord_541UDate:
PUBLIC HEARING
December 18,2012
Subject:Extension to Urgency Ordinance No.541 U which Establishes a
Moratorium on the Replacement or Repair of Privately Owned
Fences or Walls along Arterial Streets (ZON2012-00355)
Subject Property:Citywide
1.Declare the Hearing Open:Mayor Brooks
2.Report of Notice Given:City Clerk Morreale
3.Staff Report &Recommendation:Assistant Planner Harwell
4.Public Testimony:
Appellants:N/A
Applicant:N/A
5.Council Questions:
6.Rebuttal:
7.Declare Hearing Closed:Mayor Brooks
8.Council Deliberation:
9.Council Action:
2-1
CITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &MEMBERS
JOEL ROJAS,COMMUNITY DEVELO
DECEMBER 18,2012
EXTENSION TO URGENCY ORDINANCE NO.541 U WHICH
ESTABLISHES A MORATORIUM ON THE REPLACEMENT OR
REPAIR OF PRIVATELY OWNED FENCES OR WALLS ALONG
ARTERIAL STREETS (ZON2012-00355)
CAROLYN LEHR,CITY MANAGER Q9--
Staff Coordinator:Abigail Harwell,Assistant Planner ~
RECOMMENDATION
Adopt an urgency ordinance extending Urgency Ordinance No.541 U,to November 6,2013
(the maximum time permitted by State Law)to allow Staff adequate time to research and
prepare an ordinance that would regulate the repair and reconstruction of fences or walls
along specified arterial streets.
BACKGROUND
At the November 7,2012 City Council Meeting,the Council approved Urgency Ordinance
No.541 U which imposed a moratorium on the replacement or repair of privately owned
fences or walls along certain arterial streets within the City.In addition,the City Council
initiated a Code Amendment to amend RPVMC Section 17.76.030(E)to develop
regulations to achieve consistency between walls or fences that are being repaired or
replaced along major arterials.The establishment of a moratorium through an urgency
ordinance was in response to a recent increase in walls or fences being repaired or
reconstructed along major arterial streets in a manner that can adversely alter the visual
character of the area.The adopted Urgency Ordinance is effective for 45 days,and is
currently set to expire on December 22,2012.Tonight's request before the City Council is
to extend the moratorium period for up to an additional 10 month and 15 days,the
maximum extension permitted by State law.
2-2
City Council Meeting
Urgency Ordinance Extension:Fences and Walls along Arterial Streets
December 18,2012
DISCUSSION
While the City's Development Code prohibits the installation of chain link,chicken wire and
fiberglass fences in the rear yard setback of private properties along certain major arterial
streets,the Code does not provide any specific regulations or restrictions regarding the
repair or replacement of privately owned fences or walls along the same arterial streets.As
such,property owners could use materials that differ from the pre-existing wall or fence,
thereby constructing segments of walls or fences along major arterials that do not match
the remainder of the pre-existing original wall or fence.In response to recent fence or wall
repairs that did not match the pre-existing walls or fences,and other similar repairs that
Staff believes to be imminent,the City Council imposed a moratorium on the repair and
replacement of fences and walls 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;
j.Silver Spur Road;and
k.Western Avenue.
In addition to an inconsistency in materials used for the rebuilding or reconstruction of walls
or fences,there are also existing walls or fences which are not visually appealing because
of their aging condition.The combination of inconsistent new walls or fences mixed with the
irregular and visually unappealing appearance of existing walls aesthetically affects the
general health,safety and welfare of the general public when traveling along the major
thoroughfares in the City.Establishing criteria for the rebuilding ofthese walls or fences will
provide a long-term solution to improving the visual character of the City by creating a
cohesive and uniform appearance of the City's arterial corridors.
While Staff has begun the process of evaluating existing walls and fences along existing
arterial corridors,including creation of a map identifying all impacted properties,additional
time is needed for Staff to develop various options for the Planning Commission and City
Council to consider.One such option being examined by Staff is amend the code language
to identify specific types of materials,colors or 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 option involves creation of a draft 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.In addition,there is the option of leaving the code as it currently reads which does not
regulate the building of the walls or fences at all,as well as considering other options
presented by property owners during the public noticing period.
2-3
City Council Meeting
Urgency Ordinance Extension:Fences and Walls along Arterial Streets
December 18,2012
Staff will present options to the Planning Commission at a duly notice public hearing for
consideration sometime in early 2013.Upon their review and consideration of the Staff
Report and public comments,the Planning Commission will then forward its code
amendment recommendation to the Council for its consideration.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 all public hearings related to this matter and the City
Council will make the final decision.
ADDITIONAL INFORMATION
While the extended moratorium will prohibit property owners from rebuilding or
reconstructing existing walls or fences along the major arterial streets until a final decision
is approved by the City Council,it is understood that circumstances may result in the
necessity of rebuilding or reconstructing existing fences or walls along the arterial streets
due to security or safety concerns.As such,the extended moratorium Ordinance allows
the Director to issue a permit to a property owner to repair or replace a fence or wall due to
security or safety concerns provided the property owner submits a written declaration that
the wall or fence will be repaired or rebuilt in the same location and at the same height with
the same materials and colors as the pre-existing fence or wall.
CONCLUSION
Based upon the discussion above,Staff recommends that the Council adopt an urgency
ordinance extending Urgency Ordinance No.541 U,to November 6,2013 (the maximum
time permitted by State Law)to allow Staff adequate time to research and prepare an
ordinance that would regulate the repair and reconstruction of fences or walls along
specified arterial streets.
ALTERNATIVES
In addition to Staff's recommendation,the following alternatives are available for the City
Council to consider:
1)Do not extend the moratorium past it's current December 22,2012 expiration
thereby directing Staff to process the initiated Code Amendment to amend Section
17.76.030(E)(5),while residents are allowed to rebuild fences or walls without any
regulations during the public hearing and review process;or
2)Extend the moratorium to a deadline less than the maximum 10 month and 15 day
extension allowed by State law.
ATTACHMENTS
•Ordinance No.U
•Urgency Ordinance No.541 U
•City Council Staff Report from the November t h meeting
2-4
ORDINANCE NO.__U
AN INTERIM ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65858 EXTENDING A MORATORIUM ESTABLISHED BY URGENCY
ORDINANCE NO.541U REGARDING 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 does 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 rear yard setbacks which abut
specified arterial streets;and,
WHEREAS,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,on November 7,2012,the City Council adopted Urgency Ordinance No.
541 U,imposing a moratorium on the replacement or repair of privately owned fences or walls
along arterial streets within the City,which is effective for 45-days and will expire on December
21,2012;
WHEREAS,in order to improve the uniformity and visual character of the City's arterial
corridors,an extension to the moratorium on the replacement or repair of privately owned
fences or walls along arterial streets is needed to allow additional time for the City to develop
various options for the Planning Commission and City Council to consider to establish criteria
for the consistent and aesthetically pleasing repair or replacement of such fences or walls;
2-5
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 interim moratorium prohibiting the replacement or repair of privately
owned fences or walls along arterial streets within the City,which was adopted as Ordinance
No.541U on November 7,2012,is hereby extended pursuant to Government Code Section
65858 for a period of ten months and fifteen days,up to and including November 6,2013.
Section 2:The City Council further finds that this 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 ordinance extending
the moratorium 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 3:In order to protect the public health,safety and welfare it is necessary for
the City of Rancho Palos Verdes to adopt an ordinance to extend the 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 to protect the public health,safety and welfare
and shall take effect immediately upon its adoption as an urgency Ordinance.
2-6
Section 4: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 18TH DAY OF DECEMBER 2012.
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,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 adopted by the City Council of said City at a regular meeting
thereof held on December 18,2012,and that the same was passed and adopted by the
following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
2-7
ORDINANCE NO.541 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 does 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
2-8
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 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;
j.Silver Spur Road;and
k.Western Avenue
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
Ordinance No.541 U
Page 2 of3
2-9
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 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.
S'ection 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 t h DAY OF NOVEMBER 2012.
lsI Anthony M,Misetich
Mayor
ATTEST:
lsI Carla Morreale
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,do hereby certify that
the whole number of members of the City Council of said City is five;that the foregoing Urgency
Ordinance No,541 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:
Brooks,Campbell,Duhovic,Knight and Misetich
None
None
None
City Clerk
Ordinance No.541 U
Page 3 of 3
2-10
CITY OF
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 IMPOSE 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.
2-11
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,W~lIs 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.
2-12
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\!e (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.
2-13
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 or fence,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)1-.....
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
2-14
.'/1',.,.
ATTACHMENT 1
Existing Code Language from Section
17.76.030(E)(General Regulations)
2-15
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 Wails-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 doq.r fo 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.
2-16
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 ~epaired 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 do.eS"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
2-17
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.Pal,os 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.
Page 2 of3
2-18
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 7th DAY OF NOVEMBER 2012.
"....MAYOR
ATIEST:
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.
Page 3 of3
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