RPVCCA_SR_2011_02_01_07_Withdrawal_Code_Amendment_Initiation_Hedge_HeightMEMORANDUM
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RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Staff Coordinator:
RECOMMENDATION
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY DE~P~T DIRECTOR
FEBRUARY 1,2011 UV
WITHDRAWAL OF A CODE AMENDMENT INITIATION REQUEST
•
TO REVISE THE MUNICIPAL CODE'S HEDGE HEIGHT
REGULATIONS WITHIN THE FRONT YARD SETBACK AREA
(CASE NO.ZON2010-00293).
CAROLYN LEHR,CITY MANAGER a9-
So Kim,Assistant Planner ~
Accept Staff's withdrawal of its previous code amendment initiation request to increase the
Municipal Code's hedge height regulations within the front yard setback areas of residential
properties.
BACKGROUND
The City's Development Code limits the height of any fence,wall,or hedge located within the front
yard setback area of a residential property to 42"in height.The front setback area is generally the
area of the lot within 20'of the front property line.Hedges are defined as "shrubbery or trees
planted and maintained in such a manner as to create a physical barrier"(RPVDC §17 .96.900).
Periodically,staff will receive complaints about hedges within the front yard setback area in excess
of the 42"height limit,which are then pursued by the City's Code Enforcement Division.While in
most situations,the violations are brought into compliance,sometimes hedge owners protest the
requirement by pointing out similar violations in their residential neighborhood.Furthermore,they
question the harm of allowing hedges over 42"in height within the front yard setback area,pointing
out that hedges are part of landscaping that add to the attractiveness of a home.Most recently,a
property owner with a non-conforming hedge in the front yard setback area who became the subject
of a code enforcement case accused the City's Code Enforcement staff of inequitable practice due
to his claim of similar violations occurring throughout his neighborhood.After speaking to the City
Manager and the City Attorney about this issue,it was agreed that staff would revisit the hedge
height regulation and refrain from pursuing non-compliant hedge height complaints while staff
attempts to find a remedy through a potential Code amendment.
On October 5,2010,this matter was forwarded to the City Council as a request to consider initiating
a code amendment to revise the City's hedge height regulations within the front yard setback area.
At the meeting,the City Council considered the Director's proposal and authorized Staff to move
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forward with the matter.However,based on more recent infolT1lation obtained from the City's Public
Works Department,Staff no longer recommends pursuing the code amendment and is therefore
informing the Council of its intent to withdraw the previous code amendment initiation request.
DISCUSSION
At the October 5,2010 City Council meeting,Staff presented three separate preliminary options for
dealing with the hedge height issue.While the attached October 5,2010 staff report provides a
detailed explanation of the three options,they are summarized as follows:
•
•
•
•
Option A -Maintain the code requirement as is,which limits the height of hedges in the front
yard setback to 42".
Option B -Allow the height of hedges in the front yard setback to exceed 42".
Option C -Allow the height of hedges to exceed 42"in some portions of the front yard setback.
As noted in the staff report,Staff felt that option C may be the best alternative but further research
was necessary.At the October 5th meeting,the City Council felt that it would be beneficial to
research all three options and granted approval of the code amendment initiation request.
Subsequently,Staff worked with the Public Works Department and researched all three options to
determine at what distance and height a hedge could be allowed within the front yard area without
creating Visibility impacts.
According to the City's Public Works Staff,the Federal Policy on Geometric Design of Highways and
Streets concludes that the height of a driver's eye in a passenger vehicle for purposes of
determining sight distance calculations is 42"above the roadway surface.As such,obstructions on
private property,such as hedges at any height above 42"may limit the visibility of motorists backing
out of a driveway,which could result in a collision,potentially with a pedestrian on the side walk.As
such,Public Works Staff's feedback on this issue is that allowing hedges or any other structure
higher than 42"in height in any portion of the 20'front yard setback would not be advisable.Given
this information,Staff believes that amending the Code to allow hedges over 42"in the front setback
should not be pursued.Therefore,Staff has elected to withdraw its pursuit of the proposed code
amendment and is notifying the City Council of this action.
As a result,the Code requirement that limits hedges to 42"in height within the front yard setback will
remain in place and Staff will pursue any alleged violations of said reqUirement that are bought to
Staff's attention.
CONCLUSION
Due to the potential safety hazards identified by the City's Public Works Staff,Staff is recommending
that the preViously proposed code amendment to possibly increase the height hedge in the front
yard setback not be pursued.
ATTACHMENTS:
•City Council Staff Report for October 5,2010
•Current RPVMC Chapter 17.76.030 (Fences,walls and hedges)
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MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
Staff Coordinator:
RECOMMENDATION
HONORABLE MAYOR &CITY COUNCIL MEMBERS
JOEL ROJAS,COMMUNITY D ...Y<;L./VEl ENT DIRECTOR
OCTOBER 5,2010
A REQUEST TO CONSIDER INITIATING A CODE AMENDMENT TO
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REVISE THE CITY'S HEDGE HEIGHT REGULATIONS WITHIN THE
FRONT YARD SETBACK AREA (CASE NO.ZON2010·00293).
CAROLYN LEHR,CITY MANAGER@,A:f.UsH...
So Kim,Assistant Planner ~
Provide feedback on staff's proposed request to initiate a Code Amendment to revise the City's
hedge height regulations in the front yard setback areas of residential properties contained in
Chapter 17.76.030 -Fences,Walls and Hedges of the Rancho Palos Verdes Development Code
(RPVDC)..
BACKGROUND
The City's Development Code limits the height of any fence,wall,or hedge located within the front
yard setback area of a residential property to 42"in height.The front setback area is generally the
area of the lot within 20'of the front property line.Hedges are defined as "shrubbery or trees
planted and maintained in such a manner as to create a physical barrier"(RPVDC §17.96.900).
Periodically,staff will receive complaints about hedges in excess of the 42"height limit,which are
then pursued by the City's Code Enforcement Division.While in most situations,the violations are
brought into compliance,sometimes hedge owners protest the requirement by pointing out similar
violations in their residential neighborhood.Furthermore,they question the harm of allowing hedges
over 42"in height within the front yard setback area,pointing out that hedges are part of landscaping
that add to the attractiveness of a home.Most recently,a property owner with a non-conforming
hedge in the front yard setback area who became the subject of a code enforcement case accused
the City's Code Enforcement staff of inequitable practice due to his claim of similar violations
occurring throughout his neighborhood.After speaking to the City Manager and the City Attorney
about this issue,it was agreed that staff would revisit the hedge height regulation and refrain from
pursuing non-compliant hedge height complaints while staff attempts to find a remedy through a
potential Code amendment.
Thus,this matter is being brought forward to the City Council as a request to consider initiating a
code amendment to revise the City's hedge height regulations within the front yard setback area.
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DISCUSSION
Unless a Variance or Minor Exception is obtained by a property owner,fences,walls,and hedges
within the front yard setback area (20'as measured from the front property line)are allowed up to
42"in height [RPVDC §17.76.030(C)].Hedges are regulated together with walls and fences since
they are considered a type of physical barrier.The purpose of physical barriers is to "provide
additional privacy,protection against hazardous conditions,dangerous visual obstruction at street
intersection and unnecessary impairment of views"(RPVDC §17.76.030).The intent of regulating
the height of physical barriers within the front yard setback area is to ensure adequate open space
along the frontage of residential lots,which is the purpose of the 20'setback.Restricting the height
offences,walls and hedges within the front setback avoids the "closed in"or "walled in"appearance
of homes along a street.The idea behind the front yard setback,which at 20'IS the most restri12tive
of the setbacks,is to create openness between residential properties and the public street.Along
these lines,fences,walls and hedges outside of the 20'setback are allowed up to 6'in height.
Nonetheless,hedges appear aesthetically different than fences or walls since they are more visually
appealing,which is why they are often used for landscaping,including for the purpose of screening
or "softening"the look of walls and fences.
Therefore,given these circumstances,staff has identified three separate options for dealing with this
issue.The options are discussed below.
Option A -Maintain the Code Reguirement As Is
Leaving the Code as is would continue to limit the height of hedges in the front yard setback to 42".
This would mean that the City's Code Enforcement staff will respond to complaints about non-
conforming hedges in the front yard setback area and will have to pursue numerous cases
throughout the City.This could continue to raise negative response from the public and would leave
a number of existing non-conforming hedges throughout the City.The cycle of complaints will likely
continue to increase the number of code enforcement cases,req uiring additional resources for
enforcement,resulting in added costs to the City.
Option B -Increase the Height Limit for Hedges
As noted earlier,the City's Development Code allows fences and walls up to 6'in height outside of
the front yard setback areas and hedges up to 16'in height on any part of the lot beyond the front
yard setback [RPVDC §17.76.030(C)].Option B would allow hedges up to 6'in height on any part of
the lot,including the front yard setback area,but continue to limit fences and walls to 42"in the front
yard setback.The rationale behind this option is that hedges do not create as much of a "closed in"
appearance as do fences and walls and thus they should be allowed to be higher,provided that they
do not create a "closed in"look.The benefit of option B is that it would allow more landscaping
flexibility for property owners who wish to increase hedges in the front yard setback area and all
properties with non-complaint hedge heights within the front yard setback would be Code complaint.
However,the negative impacts would include increased use of 6'hedges in the front yard setback
that would decrease the light,air and open space quality in residential neighborhoods.Additionally,
there may be a decreased sense of safety in certain cases because tall hedges within the front yard
setback area may not provide for adequate visibility of vehicles and pedestrians passing on the
public right-of-way from vehicles entering or leaving a residential site.
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Option C -Modified Hedge Setbacks
Option C would be to revise the Code to permit hedges over 42"in some portions of the front yard
setback,provided that they do not impact vehicle/pedestrian visibility.This would be a balanced
approach that would include the benefits from both options A and B while eXcluding associated
negative impacts.This option would address safety issues by providing adequate visual clearance
for vehicles and pedestrians while maintaining sufficient light,air and open space quality in
residential neighborhoods.For example,perhaps hedges could be allowed up to 6'(or some other
lower height)only within the front yard setback area that is also part of the side yard setback
(generally 5'from the side property line)to prevent the "closed in"look of a tall hedge across the
entire lot's street frontage.In addition,staff would work with the Public Works Department to identify
an ideal setback to achieve adequate visibility for vehicles and pedestrians ..
Staff feels that options A and B would result in negative impacts that option C seeks to resolve
through a balanced approach.Option C allows staff to conduct further research to determine at
what distance and height a hedge could be allowed without creating visibility impacts.Based on the
findings from this research,staff would recommend revisions to the existing Code in an attempt to
benefit the public by potentially bringing non-compliant properties into compliance and maintaining
adequate light,air and open space quality of residential neighborhoods while ensuring public safety
and welfare.
CONCLUSION
Based on the discussion above,staff believes that pursuing option C and allowing further research
would result in a reasonable and balanced solution.Therefore,staff seeks direction from the City
Council regarding the initiation of a code amendment to potentially revise the City's hedge height
regulations in Chapter 17.76.030 (Fences,hedges and walls)of the Rancho Palos Verdes
Development Code (RPVDC).
ADDITIONAL INFORMATION
If the City Council authorizes the initiation of this code amendment,staff will present a proposed
code amendment to the Planning Commission for their consideration and recommendation,then to
the City Council for adoption.Staff anticipates that this process will take 2 to 3 months to complete.
FISCAL IMPACT
Since this is a staff-initiated code amendment,the costs associated with its processing would be
bome by the City's General Fund.
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ALTERNATIVES
The following alternatives are available for the City Council's consideration:
1.Authorize the initiation of the requested code amendment as recommended by staff (Option
C)to potentially revise City's hedge height regulations in Chapter 17.76.030 (Fences,
hedges and walls)of the Rancho Palos Verdes Development Code (RPVDC),via Minute
Order.
2.Authorize the initiation of a different code amendment,option B.
3.Do not authorize the initiation of the requested code amendment (Option A).
ATTACHMENTS:
•Current RPVMC Chapter 17.76.030 (Fences,walls and hedges)
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I 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 proteclion
against hazardous conditions,dangerous·visual obstruction at street intersections and unnecessary impairment of views.
Fence,Wall and Hedge Permit.
1,Permit Required.A fence,wall and hedge permit shall be required for any fence,wall or hedge Q d within the rear yard
setback adjacent to a rear property line or for any wall or hedge placed within the side yard sack adjacent to an interior
side property line of any contiguous or abutting parcel (as determined by the director),exc as specified below:
a,Fences,walls or hedges located where the grade differential between the bulldi ads of adjacent lots,measured
perpendicular to the boundary between the two properties contiguous to or a 'ng the fence,wall or hedge,is two
feet or less in elevation;or
Fences,walls or hedges where the subject lot is located upslope of any'operty contiguous to or abutting the
cation of the fence,wall or hedge;or ~
c.ces,walls or hedges when the top of the fence,wall or hedge'at a lower elevation than that of the pad of the
ups e lot.
2.Findings.A ~e,wall and hedge permit may be approved only if director finds as follows:
a,That the e,wall or hedge would not significantly imp . a view from the viewing area,as defined in Chapler
17.02 (Singl amily Residential Districts),of another operty or a view from public property which has been
identified in the .'s generai plan or coastal specifi lan,as a city-designated viewing area.Views shall be taken
from a standing po .ion,unless the primery view'g area is more suitable to viewing in a seated position;
b.That all foliage on the Iicant's lot which ex eds sixteen feet or the ridgeline of the primary structure,whichever
is lower,and impairs a v,from the viewi area of another parcel,as defined in Chapter 17.02 (Single-Family
Residential Districts)or a VI from pub'property which has been identified in the cily's general plan or coastal
specific plan,as a city-designa vie ng area,shall be removed prior to permit approval.This requirement shall
not apply where removal of the fa e would constitute an unreasonable invasion of the privacy of the occupants of
the property on which the foliag XI and there is no method by which the property owner can create such
privacy through some other ns per .ted by this title that does not impair a view from viewing area of another
property;
c.That placement or cons ction of the fence,II or hedge shall comply with all applicable standards and
requirements of the ncho Palos Verdes Muni al Code and general plan;
d.Notwithstanding fi ,ng (2)(a)(subsection (B)(2)(a)this section),the applicant's request shall be approved if the
director determi s that findings (2)(b)and (2)(c)(sub ions (B)(2)(b)and (B)(2)(c)of this section)listed above
can be made nd either:
i.Denial wo constitute an unreasonable invasion of the priv of the occupants of the applicant's property and
there is method by which the property owner can create suc rivacy through some other means permitted by
this f that would not significantly impair a view from a viewing a of another property,or
ii.0 al would prevent compliance with the swimming pool fencing req'ments contained in subsection E of this
ction and there is no reasonable method to comply with subsection E is section that would not significantly
impair a view from a viewing area of anolher property.
3.ce of Decision.The notice of decision of a fence,wall and hedge permit shall be g'
ners of property adjacent to the subject property.Notice of denial shall be given only t e applicant.Any interested
person may appeal the directo~s decision to the planning commission pursuant to Section 1..050 (Hearing Notice and
Appeal Procedures)of this title.
The decision of the planning commission may be appealed to the city council pursuant to Section 1..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 public heaith,safety and welfare and to canry 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
.'ve ..sa I.
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 between the front property line and the exterior facade of the existing single-
family residence closest to the front property line or between the slreet side property line and the existing single-
family residence closest to the street side property line 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 till
by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Areas and
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BUilding Height)of this tille;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),
exeept as restricted by the view preservation and restoration provisions which apply to foliage,as described
in Chapter 17.02 (Single-family Residential Districts);
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 wallar 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.Temporal)'construclion 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 temporal)'construction fencing provisions of Section
20 C Environmental Protection)of this title.
2.Nonresidential Zonmg ,s"s.
a.Fences,walls and hedges located between the front property line and the exterior facade of the existing single
within front and street-side selbacks shall meet the following standards:
i.Up to forty-two inches in height shall be permitted within the front or street-side selbac as,except as
restricted by the intersection visibility requirements of Section 17.48.070 (lots,Selb s,Open Space Area
and Building Height)of this tille.
When combined with a retaining wall,the total height may not exceed forty-,nches in the front or street-
side setback areas,except as restricted by the intersection visibility requi ents of Section 17.48.070
ts,Setbacks,Open Space Area and Building Height)of this title.
b.Fences,wand hedges located behind front and street-side setbacks I meet the following standards:
i.Up to s eet in height shall be permitted on any part of a iot be d the front or street-side setback areas,
except as tricted by the intersection visibility requirement Section 17.48.070 (lots,Setbacks,Open
Space Area Building Height)of this titie.
U.When combine ith a retaining wall,the total height not exceed eight feet as measured from grade on
the lower side and y not exceed six feet as meas d from grade on the higher side.
c.Temporal)'construction fen as defined in Chapter 1 . 6 (Definitions),up to six feet in height may be iocated
within front or street side setba areas,pursuant to temporal)'construction fencing provisions of Section
17.56.020 (Environmental Protec )of this title.
D.Fences,Walls and Hedges-Permitted With a Min Excepti Permit.
1.The following fences,walls and hedges shall b e .tted 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 (0 miti ),higher than forty-two inches and up to six feet in height located
in the front and street-side setback a s;provi ,the area between the street and any such fence is iandscaped,
per a plan approved by the directo f pianning;
b.A fence,wall or hedge,or any c bination thereof,10 ed outside of a front or street-side setback area which
does not exceed eleven and a half feet in height as m sured from grade on the lower side and six feet in height
as measured from grade on e higher side;
c.Fences higher than six fe and up to ten feet in height and n ithin the required setback areas or a combination
of a three and one-haif at retaining wall and recreational fencin f ten feet in height for downslope and side yard
fencing for tennis co or similar recreational faciiilies.The fence ave the six-foot height shall be constructed of
wire mesh,or simil material,capable of admitting at least eighty per t light as measured on a reputable light
meter.
2.In addition to the rev'criteria listed in Chapter 1i66 (Minor Exception Permits),director of planning shall use but
not be limited to t allowing criteria in assessing such an application:
a.The hel of the fence,wall or hedge will not be detrimental to the public safety
b.The ii of sight over or through the fence is adequate for safety and does not signi ntiy impair a view from the
vie g area of an adjacent pancel as defined in Section 17.02.040 (Single-Family Res ntial Districts)of this title;
c.corner lots,intersection visibility as identified in Section 17.48.070 (lots,Setbacks,Op
uilding Height)of this tille is not obstructed;and
The height of the retaining wall portion does not exceed the grading limits set forth in Section 17.
permit)of this tille.
E.I Regulations.
Fenees,walls and hedges shall be measured as a single unit if buill or planted within three feet of each other,as
measured from their ciosest points,unless at least one of the fences,walls or hedges is located on an adjoining lot h
under separate ownership.Perpendicular returns connecting two or more parallel walls or fences shall not be consider
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