RPVCCA_SR_2010_10_05_07_Hedge_Height_Code_AmendmentMEMORANDUM
V'r;;;...~B ENT DIRECTORJOELROJAS,COMMUNITY D
OCTOBER 5,2010
A REQUEST TO CONSIDER INITIATING A CODE AMENDMENT TO
REVISE THE CITY'S HEDGE HEIGHT REGULATIONS WITHIN THE
FRONT YARD SETBACK AREA (CASE NO.ZON2010-00293).
CAROLYN LEHR,CITY MANAGER~·,....ulVS/tP PO!.~J..b""
So Kim,Assistant Planner 1JfV
HONORABLE MAYOR &CITY COUNCIL MEMBERS
REVIEWED:
Staff Coordinator:
TO:
FROM:
DATE:
SUBJECT:
RECOMMENDATION
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
of fences,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 restrictive
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 Requirement 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,requiring 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
borne 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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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.
Fence,Wall and Hedge Permit.
1.Permit Required.A fence,wall and hedge permit shall be required for any fence,wall or hedge Q ed 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 buildi pads of adjacent lots,measured
perpendicular to the boundary between the two properties contiguous to or a ing 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 an~operty contiguous to or abutting the
cation of the fence,wall or hedge;or
c.F 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 ce,wall or hedge would not significantly imp . a view from the viewing area,as defined in Chapter
17.02 (Singl amily Residential Districts),of another operty or a view from public property which has been
identified in the .'s general plan or coastal specifi lan,as a city-designated viewing area.Views shall be taken
from a standing po .ion,unless the primary vie . 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 VI 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 city'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 fo 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 ans per .ed 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 I Code and general plan;
d.Notwithstanding fi Ing (2)(a)(subsection (B)(2)(a)this section),the applicant's request shall be approved if the
director determ's that findings (2)(b)and (2)(c)(sub tions (B)(2)(b)and (B)(2)(c)of this section)listed above
can be made d 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 ti that would not significantly impair a view from a viewing a of another property,or
ii.D 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 another property.
3.ce of Decision.The notice of decision of a fence,wall and hedge permit shall be gl
ners of property adjacent to the subject property.Notice of denial shall be given only t e applicant.Any interested
person may appeal the director'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 .
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 health,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
.'ve r ..s a 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 street 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
by the intersection visibility requirements of Section 17.48.070 (Lots,Setbacks,Open Space Areas and
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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);
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
.20 C Environmental Protection)of this title.
2.Nonresidential Zoning IS riC 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 setbacks shall meet the following standards:
i.Up to forty-two inches in height shall be permitted within the front or street-side setbac as,except as
restricted by the intersection visibility requirements of Section 17.48.070 (Lots,Setb s,Open Space Area
and Building Height)of this title.
When combined with a retaining wall,the total height may not exceed forty-Inches 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.Up to s eet in height shall be permitted on any part of a lot 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 title.
ii.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.Temporary construction fenc as defined in Chapter 1 . 6 (Definitions),up to six feet in height may be located
within front or street side setba areas,pursuant to temporary construction fencing provisions of Section
17.56.020 (Environmental Protec )of this title.
D.Fences,Walls and Hedges-Permitted With a Min Excepti ermit.
1.The following fences,walls and hedges shall I:)e Itted 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 (D Initi ),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 landscaped,
per a plan approved by the directo f planning;
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 0 -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-half ot retaining wall and recreational fencin f ten feet in height for downslope and side yard
fencing for tennis co or similar recreational facilities.The fence ove 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 ollowing criteria in assessing such an application:
a.The hei 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 ntly impair a view from the
vie g area of an adjacent parcel 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 title 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 title.
E.I Regulations.
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 H
under separate ownership.Perpendicular returns connecting two or more parallel walls or fences shall not be considere
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