CC RES 2018-028 RESOLUTION NO. 2018-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES THEREBY DENYING THE
APPEALS AND UPHOLDING THE PLANNING
COMMISSION'S VALIDATION OF THE DIRECTOR'S
APPROVAL OF A FENCE/WALL PERMIT TO ALLOW THE
INSTALLATION OF A WROUGHT-IRON FENCE AT THE
TOP OF THE SLOPE ALONG THE EAST PROPERTY LINE
ABUTTING THE UPSLOPE PROPERTY, MEASURING 3.5'
IN HEIGHT FOR A LENGTH OF 44' FROM THE FRONT
PROPERTY LINE AND THEN 4' IN HEIGHT ALONG THE
EAST PROPERTY LINE FOR A LENGTH OF 163' FOR THE
PROPERTY LOCATED AT 32 VIA DEL CIELO (CASE NO.
ZON2016-00377)
WHEREAS, on August 18, 2016, Jim Hudnall ("Applicant"), the owner of 32 Via
Del Cielo ("Property"), submitted a Fence/Wall Permit application for the construction of
a 6' tall wrought iron fence along the top of their north-easterly side slope on the Property;
and,
WHEREAS, after assessing photos that were taken from the upslope property's
viewing area, Staff determined that there was potential for view impairment and the filing
fee for a formal Fence/Wall permit would be required; and,
WHEREAS, on January 30, 2017, the Applicant submitted the required application
filing fee for the formal Fence/Wall Permit; and,
WHEREAS, on February 24, 2017, Staff deemed the application complete for
processing; and,
WHEREAS, in April 2017, the Applicant notified Staff they wished to revise the
proposed fence plan and, pursuant to the Permit Streamlining Act, the processing of the
application was suspended; and,
WHEREAS, on May 25, 2017, the Applicant submitted a revised plan, and after
several rounds of correspondence with Applicant regarding the revised plan, the project
was again deemed complete for processing on September 13, 2017; and,
WHEREAS, on November 10, 2017, the Director of Community Development
("Director") approved a Fence/Wall Permit (Case No. ZON2016-00377) allowing a 3.5'-
to 4'-tall wrought iron fence at the top of the slope along the east property line of the
Property; and,
WHEREAS, on November 10, 2017, a written notice of the Director's decision was
provided to all property owners within 500' radius of the subject site in accordance with
Rancho Palos Verdes Municipal Code (RPVMC) Section 17.80.090; and,
WHEREAS, on November 22, 2017, Tom and Kim Vice (the "Appellants"), the
property owners of 70 Calle Cortada ("Appellants' Property"), filed a timely appeal
requesting that the Planning Commission overturn the Director's decision and modify the
Fence/Wall Permit; and,
WHEREAS, Appellants' appeal listed the following issues with the Director's
decision: 1) the proposed fence will significantly impair the view at Appellants' Property
from a seated position; 2) the design of the fence could vary from the approved plan so
as to impair more of the view; 3) pepper trees located at the Property on the east slope
significantly impair the views of the ocean, Catalina Island, and Santa Monica mountains
from the Appellants' Property; and,
WHEREAS, on January 25, 2018, pursuant to Section 17.80.090 of the RPVMC,
a 15-day public notice was provided to all property owners within a 500' radius and
published in the Palos Verdes Peninsula News; and,
WHEREAS, on February 13, 2018, the Planning Commission held a duly-noticed
public hearing regarding a request to overturn the Director's approval of a fence at the
top of the slope along the east property line at 32 Via Del Cielo.After considering evidence
introduced in the record, including public testimony by the Applicant and Appellants, the
Commission continued the public hearing to the March 13, 2018 meeting to allow
additional time for the Applicant and the Appellants to come to an agreement for the
Commission's consideration; and,
WHEREAS, on March 13, 2018, after considering the Applicant's and Appellant's
conflicting proposals, the Planning Commission denied the appeal for a FenceNVall
Permit (Z0N2016-00377) as a result of a tie vote, therefore validating the Director's
approval of the Fence/Wall Permit; and,
WHEREAS, on March 27, 2018, Tom and Kim Vice (the "Appellants"), the property
owners of 70 Calle Cortada ("Appellants' Property") filed a timely appeal requesting that
the City Council overturn the Planning Commission's action and modify Applicant's
Fence/Wall Permit; and,
WHEREAS, on March 28, 2018, the Applicant filed a timely appeal requesting that
the City Council overturn the Planning Commission's action and modify the Fence/Wall
Permit; and,
WHEREAS, on April 26, 2018, pursuant to Section 17.80.090 of the RPVMC, a
15-day public notice was provided to all property owners within a 500' radius and
published in the Palos Verdes Peninsula News; and,
Resolution No. 2018-28
Page 2 of 7
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 15000 et. seq., the City's Local CEQA
Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and
Substances Statement), the proposed project has been found to be categorically exempt
under Class 3 (Section 15303); and,
WHEREAS, on May 15, 2018, the City Council held a duly noticed public hearing,
at which time all interested parties were given an opportunity to be heard and present
evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are hereby incorporated into this Resolution as
set forth herein.
Section 2: The City Council denies the appeals of Appellants and the Applicant,
and upholds the Planning Commission's decision to uphold the Director's grant of a
fence/wall permit, and in connection therewith makes the following findings based on the
all evidence and testimony provide in the staff report and at the public hearing.
Section 3: This approval allows the construction of wrought-iron fence (80%
light and air) up to 4' in height at the top of the slope along the east side property line.
The 3.5'-tall portion of the fencing will begin at the Calle Cortada property line and run 44'
south-east towards the rear property line, while the 4' tall portion of the fencing will start
where the 3.5' fencing ends, and will run 163' south-east towards the rear property line of
the property, at which point the proposed fence will connect with the existing perimeter
fencing.
Section 4: The Fence/Wall Permit is warranted because:
A. The wrought-iron fence would not significantly impair a view from the viewing area
of another property or a view from public property which has been identified in the
City's General Plan or Coastal Specific Plans, as a City-designated viewing area.
The proposed wrought-iron fence meets the definition of a "fence" per Municipal
Code Section 17.96.700, as it would transmit 80% light and air per Staff's
calculations. The property is located 40'-50' lower in elevation than the public
viewing area within the visual corridor located along Palos Verdes Drive West as
identified in the City's Coastal Specific Plan, the proposed project would not be
visible from public property.
B. There is no foliage on Applicant's lot which exceeds 16' or the ridgeline of the
primary structure, whichever is lower, that impairs a view, as defined in Municipal
Resolution No. 2018-28
Page 3 of 7
Code Section 17.02.040(A)(14), from the viewing area of another parcel, 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.
C. The installation of the wrought-iron fence complies with all applicable standards
and requirements of the Rancho Palos Verdes Municipal Code and General Plan.
Pursuant to RPVMC Section 17.76.030(C)(1)(b)(i), Fences and walls up to seven
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... In areas where there is a grade differential of more than 2' between building
pads of adjacent lots, the top of the fence cannot be taller than the building pad of
the upslope lot, unless a Fence/Wall Permit is processed. As a Fence/Wall Permit
was processed, the project meets the aforementioned Municipal Code standards.
Additionally, the City's General Plan, Policy No, 14 of the Urban Environment
Element states: Prohibit encroachment on existing scenic views reasonably
expected by neighboring residents. The 3.5'- to 4'-tall fence would project into a
minimal amount of ocean view at the lower periphery of Appellants' view frame,
while the remainder of the ocean and Catalina view would be preserved.
Section 5: The merits of the Applicant's appeal are not warranted as described
below.
A. Appeal Reason No. 1: A 5'-tall fence should be allowed along the upslope shared
property line to be consistent with the rest of Oceanfront Estates Development
The Applicant states all properties in the Oceanfront Estates community have a 5'
tall wrought-iron fence along their property lines, except for his property, and that
while the Tract Conditions specifically prohibit fences within the front yard setback,
they do not specifically prohibit fences along other property lines including the
requested side-yard fence.
Condition No. U.1 of the original City Council Resolution No. 92-27, which
approved the original Oceanfront Estates Tract, requires the following fencing:
U. FENCING ON INDIVIDUAL LOTS
1. Prior to the sale of any lot within each workable phase, the developer shall install
a decorative, maximum six (6) foot high fence which allows a minimum of 90%light
and air to pass through along the rear property lines of Lots 31 to 79, along the
south street side setback line of Lot 31 and within the rear yard setback (rear and
side property lines) of Lots 1 to 30.
This Condition only required a rear yard fence for the Applicant's property (Lot No.
37). Although most of the properties in the Tract do have fences in the side-yard,
these fences were constructed for privacy, security, or swimming pool safety
Resolution No. 2018-28
Page 4 of 7
barriers at the time individual homes were constructed. Additionally, for most
properties, the grade elevation difference between neighboring properties is
approximately 6'-8' (versus the over 20' grade difference between the Applicant
and Appellants' properties), and therefore the residences on the downslope
properties already impair many of the neighboring views, negating any view
impairment that may be caused by a fence or wall, that would be the subject of a
City Fence/Wall Permit. For these reasons, the City Council has determined that a
5' side-yard fence is not allowed "by-right" and that the Code's Fence/Wall permit
has been processed pursuant to Municipal Code Section 17.02.040 to achieve
view protection from the City-defined viewing area of the neighboring property.
B. Appeal Reason No. 2: A 5'-tall fence should be allowed due to privacy and liability
concerns.
The proposed wrought iron fence transmits 80% light and air, and so would not
provide privacy to the Applicant's property, even at the 5' height requested by the
Applicant. Furthermore, properties within the City are commonly situated with
transitional slopes between them, which often allow for views of the downslope
property from the upslope property. As for the Applicant's property, the Applicant's
rear yard is not readily visible from the Appellants' residence as their property is
significantly higher and has views over the Applicant's property. The Applicant is
requesting the 5' tall fence at the top of the slope to address his concerns regarding
his potential liability, should someone fall down the slope and injure themselves,
but the City Council believes that the Director-approved fence height already
addresses these concerns.
Section 6: The merits of the Appellants' appeal are not warranted as described
below.
A. Appeal Reason No. 1: Views of the ocean, Catalina Island, and Santa Monica
Mountains will be significantly impaired and the best primary viewing area is more
suitable in a seated position, not in a standing position.
Municipal Code Section 17.76.030(B)(3)(a) states, in part, "Views shall be taken
from a standing position, unless the primary viewing area is more suitable to
viewing in a seated position...." Based on site visits to the Appellants' property,
views of the ocean are more suitable from a standing position as compared to a
seated position from the primary viewing area. Municipal Code Section
17.02.040(A)(15) states that the viewing area shall be where the best and most
important view is taken. The primary viewing area is the living room, as this area
provides the widest and deepest view of the ocean, Catalina Island, Santa Monica
Mountains and Nature Preserve Property, and views of the ocean are more visible
from the standing position, as compared to the seated position. From a standing
position, the proposed fence would impair a minimal amount of the Appellants'
lower periphery of the ocean view between existing residences, which is not
Resolution No. 2018-28
Page 5 of 7
considered a significant view impairment because the amount of view that is
impaired is very small, compared to the total extent of the view. Also, the view of
Catalina Island will be preserved.
Additionally, the City Council-approved Guidelines for Height Variation Permits,
which also require a view analysis, state that in determining the viewing area on a
developed lot, view analyses must be conducted in a natural standing position
unless the view can only be enjoyed from a seated position. Furthermore, upon
review of historic Planning Commission and City Council records, including
previous Fence/Wall appeals, it appears that the majority of the decisions involved
assessing views from a standing position. Therefore, the City Council determines
that the best and most important viewing area is the living room, taken from a
standing position, and that the Director's decision, which was upheld by the
Commission's action, will allow the Applicant's fence to be constructed without
significantly impairing the Appellants' views.
B. Appeal Reason No. 2: The newly-planted and future foliage and trees will grow to
obscure the views of the ocean, Catalina Island, and the Santa Monica Mountains.
Municipal Code Section 17.76.030(B)(3)(b) requires that a Fence/Wall Permit may
be approved only if the Director finds that "all foliage on the applicant's lot which
exceeds 16 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 (RS) 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."
Condition No. 16 of the Director's decision and this Resolution states:
"All landscaping on the easterly slope shall be maintained at a height that does not
exceed the top of the approved fence."
According to Municipal Code Sections 17.86.060 and 1.16, and as stated in
Condition No. 7 of the Director's decision and the attached Resolution, any
violation of a Condition of Approval may be cause to revoke the approval of the
project or require the levying of administrative citations.
Therefore, the existing and future foliage on the eastern slope will be required to
be maintained at the prescribed heights in perpetuity otherwise it would be
considered a violation of the Conditions of Approval and subject to Administrative
Citations (commencing at $2,500 for the first offense and increasing by an
additional $2,500 for subsequent similar offenses).
The new foliage does not currently significantly impair the view from the upslope
property and is subject to the height limitation stated in the above condition.
Resolution No. 2018-28
Page 6 of 7
Therefore, the City Council finds that that the Appellants' concerns regarding
foliage-related potential view impairment are addressed by the Conditions of
Approval.
Section 7: 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 15000 et. seq., the City's
Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste
and Substances Statement), the approval of the Fence/Wall Permit application will not
have a significant effect on the environment and, therefore, the project has been found to
be Categorically Exempt (Section 15303(e)).
Section 8: The City Clerk shall certify to the passage, approval, and adoption
of this Resolution, and shall cause this Resolution and her certification to be entered in
the Book of Resolutions of the City Council.
Section 9: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure or other applicable short periods of limitation.
PASSED, APPROVED and ADOPTED this 15th day of May 2018.
( 4.7s-e9)-J -51"
Mayor
ATTE •
4111111111:
AEI&
111.0111W
Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2018-28, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof • -Id on May 15, 2018.
1164
„emit
-rk
Resolution No. 2018-28
Page 7 of 7
RESOLUTION 2018-28
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
PLANNING CASE NO. ZON2016-00377
(32 VIA DEL CIELO)
1. Prior to the submittal of plans into Building and Safety plan check, Applicant and
the property owner shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this Exhibit
"A". Failure to provide said written statement within ninety (90) days following the
date of this approval shall render this approval null and void.
2. Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any
of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void,
or annul, the action of, or any permit or approval issued by, the City and/or any of
its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. Prior to conducting any work in the public right of way, such as for curb cuts,
dumpsters, temporary improvements and/or permanent improvements, Applicant
shall obtain an encroachment permit from the Director of Public Works.
4. Approval of this permit shall not be construed as a waiver of applicable and
appropriate zoning regulations, or any Federal, State, County and/or City laws and
regulations. Unless otherwise expressly specified, all other requirements of the
City of Rancho Palos Verdes Municipal Code shall apply.
5. Pursuant to Section 17.78.040, the Director of Community Development is
authorized to make minor modifications to the approved plans and any of the
conditions of approval if such modifications will achieve substantially the same
results as would strict compliance with the approved plans and conditions.
Substantial changes to the project shall be considered a revision and require
approval by the final body that approved the original project, which may require
new and separate environmental review and public notification.
6. The project development on the site shall conform to the specific standards
contained in these conditions of approval or, if not addressed herein, shall conform
to the residential development standards of the City's Municipal Code, including
but not limited to height, setback and lot coverage standards.
7. Failure to comply with and adhere to all of these conditions of approval may be
cause to revoke the approval of the project pursuant to the revocation procedures
contained in Section 17.86.060 of the City's Municipal Code or administrative
citations as described in Section 1.16 of the City's Municipal Code.
8. If Applicant has not submitted an application for a building permit for the approved
project or not commenced the approved project as described in Section 17.86.070
of the City's Municipal Code within one year of the final effective date of this
decision, approval of the project shall expire and be of no further effect unless,
prior to expiration, a written request for extension is filed with the Community
Development Department and approved by the Director.
9. In the event that any of these conditions conflict with the recommendations and/or
requirements of another permitting agency or City department, the stricter standard
shall apply.
10. Unless otherwise designated in these conditions, all construction shall be
completed in substantial conformance with the plans stamped APPROVED by the
City with the effective date of this decision.
11. This approval is only for the items described within these conditions and identified
on the stamped APPROVED plans and is not an approval of any existing illegal or
legal non-conforming structures on the property, unless the approval of such illegal
or legal non-conforming structure is specifically identified within these conditions
or on the stamped APPROVED plans.
12. The construction site and adjacent public and private properties and streets shall
be kept free of all loose materials resembling trash and debris in excess of that
material used for immediate construction purposes. Such excess material may
include, but not be limited to: the accumulation of debris, garbage, lumber, scrap
metal, concrete asphalt, piles of earth, salvage materials, abandoned or discarded
furniture, appliances or other household fixtures.
13. All construction sites shall be maintained in a secure, safe, neat and orderly
manner, to the satisfaction of the City's Building Official. All construction waste and
debris resulting from a construction, alteration or repair project shall be removed
on a weekly basis by the contractor or property owner. Existing or temporary
portable bathrooms shall be provided during construction. Portable bathrooms
shall be placed in a location that will minimize disturbance to the surrounding
property owners, to the satisfaction of the City's Building Official.
14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday
through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity
Resolution No. 2018-28
Exhibit A
Page 2 of 3
permitted on Sundays or on the legal holidays specified in Section 17.96.920 of
the Rancho Palos Verdes Development Code. During demolition, construction
and/or grading operations, trucks shall not park, queue and/or idle at the project
site or in the adjoining street rights-of-way before 7AM Monday through Friday and
before 9AM on Saturday, in accordance with the permitted hours of construction
stated in this condition. When feasible to do so, the construction contractor shall
provide staging areas on-site to minimize off-site transportation of heavy
construction equipment. These areas shall be located to maximize the distance
between staging activities and neighboring properties, subject to approval by the
building official.
Project Specific Conditions:
15. This approval shall allow the construction of wrought iron fence (80% light and air)
up to 4' in height at the top of the slope along the east side property line. The 3.5'
tall portion of the fencing will begin at the Calle Cortada property line and run 44'
south-east towards the rear property line, while the 4' tall portion of the fencing will
start where the 3.5' fencing ends, and will run 163' south-east towards the rear
property line of the property, at which point the proposed fence will connect with
the existing perimeter fencing.
16. All landscaping on the easterly slope shall be maintained at a height that does not
exceed the top of the directly adjacent portion of the approved fence.
17. Pursuant to RPVMC Section 17.48.070, no fence, wall, hedge, sign, structure,
shrubbery, mound of earth or other visual obstruction over 30" in height, as
measured from the adjacent street curb elevation, shall be erected, placed, planted
or allowed to grow within the triangular space referred to as the "intersection
visibility triangle".
18. All fences walls and hedges shall be limited to 3.5' in height within the front yard
setback area, outside of the intersection visibility triangle.
19. No grading is authorized as a part of this approval.
20. Construction of the approved project shall substantially comply with the plans
stamped APPROVED on May 15, 2018, with the RS-1 zoning district, the site
development standards of the Rancho Palos Verdes Development Code, and all
Conditions of Approval for Tract 46628 and CUP No. 158.
Resolution No. 2018-28
Exhibit A
Page 3 of 3