ORD 245U ORDINANCE NO. 245U
AN INTERIM ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
PROHIBITING CONSTRUCTION OF HEDGES OR WALLS IN CONFLICT
WITH PROPOSED DEVELOPMENT CODE AMENDMENT NO. 29, AS
AMENDED, AND DECLARING THE URGENCY THEREOF.
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: Findings and Determinations. This interim
ordinance is based upon the following findings and
determinations:
A. The public health, safety and welfare require
adoption of this ordinance as an urgency measure to prohibit
the construction or placement of any hedge or wall in
conflict with proposed Development Code Amendment No. 29, as
referred to the City Council for adoption by the Planning
Commission in PC Resolution No. 89-18, and as shown on
Exhibit "A" which is attached and incorporated by this
reference. During its public hearing on the matter on May 16,
1989, the Council heard public testimony indicating that the
construction or placement of hedges, fences and walls in
conflict with the terms of the proposed development code
amendment was threatened and imminent adjacent to the
Seacliff Hills area, and more particularly, on certain lots
in tract No. 26414. The City Council determined that the
construction or placement of any such hedges, fences, and
walls in conflict with the proposed development code
amendment would injure the public welfare by unreasonably
impairing views from adjacent properties and causing
devaluation of such properties. On June 20, 1989, during its
public hearing on the matter of extending Ordinance No. 243U,
the City Council heard public testimony indicating that the
construction or placement of hedges and walls in conflict
with Development Code Amendment No. 29, as amended to include
view protection for side yard views as shown on Exhibit "A" ,
was threatened and imminent at several locations within the
City. The Council determined that there is a current and
immediate threat to both rear and side views, and the public
welfare, which is presently caused by the construction or
placement of hedges and walls in conflict with Development
Code Amendment No. 29, as amended to include view protection
for side yard views as shown in Exhibit "A" .
B. There is no possibility that the interim
ordinance may have a significant effect on the environment
and the interim ordinance is therefore exempt from review
under the California Environmental Quality Act.
Section 2: Placement or construction of hedges and walls
in conflict with proposed Development Code Amendment No. 29,
as amended to include view protection for side yards as
indicated in Exhibit "A" , is hereby prohibited effective
immediately, for a period of 45 days. This ordinance may be
extended, amended, or repealed in the manner provided by law.
PASSED, APPROVED AND ADOPTED ON JUNE 20, 1989.
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iLVA- 4
MAYOR
ATTEST:
r
—4. A'
CIT CLERK
ST E OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, 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
ordinance, being Ordinance No. 245U , was duly and regularly
adopted by the City Council of said City at a regular meeting
thereof held on June 20, 1989, and the same was passed and
adopted by the following roll call vote:
AYES: McTAGGART, HUGHES, RYAN AND MAYOR BACHARACH
NOES: HINCHLIFFE
ABSTAIN:NONE
4'‘ 0001"
Ay
41 ' /
CITY CLERK
CITI OF RANCHO PALOS VERDES
Ordinance No. 245U
Page 2
EXHIBIT "A"
Section 17.42 .062 View Protection. A. On any adjacent
lot, any wall or hedge placed parallel to the side property
line of the adjacent lot (as determined by the director)
shall be reviewed by the director of environmental services
through submittal of a site plan review application pursuant
to chapter 17.66 . Said wall or hedge shall only be approved
if the director finds that it would not significantly impair
a principal identifiable view from the adjacent lot. For the
purpose of this section, view and principal identifiable view
shall be as defined in Section 17.02. 040 (C) ( 2 ) .
B. Any decision made by the director pursuant to section
17 .42 .062 (A) shall be intended to afford maximum view
protection.
C. Notice of the director' s decision shall be mailed to
the adjacent property owners. Said decision shall not be
final for fifteen (15) days, during which time, either of the
noticed property owners may appeal the director' s decision to
the planning commission or the planning commission' s decision
to the city council .
1. Any appeal must be filed in writing, and shall
include the reasons for said appeal and an appeal fee as
established by resolution of the city council . Notice of the
appeal shall be provided to the noticed property owners at
least fifteen (15) days prior to planning commission or city
council consideration of the appeal .
2. The planning commission or city council shall
conduct a hearing on the appeal and make a decision to deny
or uphold the appeal based on the criteria in section
17.42.062 (A) .
Ordinance No. 245U
Page 3
ORD. 245U
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, desposes and says :
That at all times herein mentioned, she was and now is the
duly qualified City Clerk of the City of Rancho Palos Verdes ,
y y
California:
That on the 7th day of JULY , 1989, she caused to
be posed in three conspicuous places , as required by law the
following :
PHOBIBITING CONSTRUCTION OF HEDGES OR WALLS IN CONFLICT WITH
PROPOSED DEVELOPEMENT CODE AMENDMENT NO. 29, AS AMENDED, AND
DECLARING THE URGENCY THEREOF.
a copy of which is attached hereto, in the following public places
in the City:
CITY HALL
RANCHO PALOS VERDES
30940 HAWTHORNE BOULEVARD, CALIFORNIA 90274
LOS ANGELES COUNTY FIRE STATION
MIRALESTE STATION
4000 MIRALESTE PLAZA
RANCHO PALOS VERDES, CALIFORNIA 90274
U. S. POST OFFICE
28649 SOUTH WESTERN AVENUE
• RANCHO PALOS VERDES, CALIFORNIA 90732
I certify under penalty of perjury that the foregoing is a true and
correct affidavit of posting .
/*)
111 -////2
JO P Jr''r ELL, CMC
CITY CLERK
T
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360