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ORD 262 ORDINANCE NO. 262 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING THE VIEW PRESERVATION AND RESTORATION ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Pursuant to Section 5 of Proposition M, the "Rancho Palos Verdes Council of Homeowners Associations and City Council Cooperative View Preservation and Restoration Ordinance" ( "Ordinance" ) adopted by the voters on November 7 , 1989, the City Council finds that this amendment to the Ordinance is necessary in order to effectuate and enhance the purposes of the Ordinance by clarifying its terms. The purposes of the Ordinance which are enhanced and effectuated by this amendment are the promotion of the health, safety and welfare of the City of Rancho Palos Verdes ( "City" ) and its residents, the preservation of the hillsides of the City which constitute a limited natural resource in their scenic value and balancing the competing interests of the applicant in restoring the view and the property owner in maintaining privacy by authorizing the View Restoration Committee ( "Committee" ) to impose reasonable conditions on view restoration permit approval . In order to alleviate the potential adverse impact on the health, safety and welfare of the City' s residents caused by the trimming, culling, lacing or reducing of mature foliage to sixteen feet or the ridge line, this amendment gives the Committee the discretion to condition permit approval upon removal and/or replacement of foliage under certain circumstances. If trimming, culling, lacing or reducing foliage would likely kill such foliage, or threaten the public health, safety or welfare, the Committee may order removal and replacement of such foliage under certain circumstances . Section 2 . Paragraph (C) ( 2 ) of Section 17 . 02 . 040 of Article I of Chapter 17 .02 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new subparagraph f . thereto as follows: "f. The committee may impose such reasonable conditions or restrictions on the approval of a view restoration permit as may be found to be appropriate or necessary to protect the public health, safety, or welfare. Such conditions or restrictions may include, but are not limited to, ( 1 ) requiring the complete removal of the subject foliage when the committee finds that the trimming, culling, lacing or reducing of that foliage to sixteen ( 16) feet or the ridge line is likely to kill the foliage or to threaten the public health, safety and welfare, provided that the property owner consents to the removal; and ( 2) requiring replacement of such foliage when the Committee finds that removal without replacement will cause an adverse impact on the public health, safety and welfare or will adversely impact the safety or privacy of the property owner, provided that the property owner consents to the replacement. " Section 3 . Subparagraph d of Paragraph (C) ( 2 ) of Section 17.02. 040 of Article 1 of Chapter 17 .02 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended as follows: "d. Should the committee make findings requiring issuance of a view restoration permit, the director shall send a notice to the property owner to trim, cull , lace or otherwise cause the foliage to be reduced to sixteen feet or the ridge line of the primary structure, whichever is lower, or such limit above that height which will restore the view. The property owner will have ninety days to have the foliage removed. The applicant shall be responsible for the expense of the foliage removal and/or replacement ordered pursuant to subsection C( 2) (f) only to the extent of the lowest bid amount provided by contractors licensed to do such work in the city of Rancho Palos Verdes and selected by the applicant. If after ninety days the foliage has not been removed, the city of Rancho Palos Verdes will authorize a bonded tree service to trim, cull , lace or remove the identified foliage at the property owner' s expense. After the initial trimming, culling, lacing or removal of the foliage, the property owner, at the property owner' s expense, shall be responsible for maintaining the foliage so that the view -2- ORD. NO. 262 restoration required by the view restoration permit is maintained. " PASSED, APPROVED and ADOPTED this 19TH day of MARCH 1991 AYO ATTEST: 446 % - A AL -fr CITY CLERK STATE 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 No. 262 , P assed first reading on March 5, 1991, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 19, 1991, and that the same was passed and adopted by the following roll call vote: AYES: BACHARACH, HUGHES, McTAGGART, AND MAYOR HINCHLIFFE NOES: NONE ABSENT: RYAN ABSTAIN: NONE Af - _ L L 1, C TY CLERK -3- ORD. NO. 262 jig RJJssCHO PALOS VERDES ORDINANCE/RESOLUTION NO. ORD. 262 FILE: 1801 SUBJECT: AMENDING THE VIEW PRESERVATION AND RESTORATION ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE RE- INTRODUCED: 3/5/91, RE- ADOPTED: 3/19/91 POSTED/PUBLISHED 3/22/91 ORDINANCE AND RESOLUTION DISTRIBUTION: CITY ATTORNEY PUBLIC WORKS DEPARTMENT RICHARDS1 WATSON, & GERSHON V ENVIRONMENTAL SERVICES )?l (4 333 SOUTH HOPE ST. , 38TH FLOOR RECREATION & PARKS LOS ANGELES, CA 90071 CITY MANAGER SCHOOL BOOK PUBLISHING COMPANY01 HOMEOWNERS ASSOCIATION 201 WESTLAKE AVENUE N. APPLICANT SEATTLE, WA 98109 REGISTAR SOUTH BAY MUNICIPAL COURT 5557 FERGUSON DRIVE 825 SOUTH MAPLE AVE. LOS ANGELES, CA 90022 TORRANCE, CA 90503 ATTN: MARGARET MILLER, ATTN: EXECUTIVE OFFICES ELECTIONS ADM. LEAGUE OF CALIFORNIA CITIES (STREET VACATIONS/EASEMENTS/ 702 HILTON CENTER ABANDONMENTS/ NAME CHANGES/ LOS ANGELES, CA 90017 DEDICATIONS/TRAILS) L.A. COUNTY REGISTRAR-RECORDER LA COUNTY DEPT. OF PUBLIC WORKS/ 227 NORTH BROADWAY PUBLIC ROADS LOS ANGELES, CA 90012 ATT: CITY SERVICES P.O. BOX 1460 L.A. COUNTY ASSESSOR ALHAMBRA, CA 91802-1460 500 WEST TEMPLE STREET LOS ANGELES, CA 90012 SPCA (OWNERSHIP, EXEMPTION & MAPPING DIV. ) 5026 WEST JEFFERSON BLVD. LOS ANGELES, CA 90717 SO. CALIFORNIA GAS COMPANY 22741 HAWTHORNE BOULEVARD TORRANCE, CA 90501 STATION COMMANDER 26123 NABONNE AVE. SO. CALIFORNIA EDISON COMPANY LOMITA, CA 90717 P.O. BOX 2944 . TORRANCE, CA 90509 T.M. CABLEVISION 31244 P.V. DRIVE WEST, SUITE 207 CALIFORNIA WATER SERVICE COMPANY RANCHO PALOS VERDES, CA 90274 5837 CREST ROAD WEST RANCHO PALOS VERDES, CA 90274 INSTITUTE OF GOVERNMENTAL STUDI S LIBRARY, 109 MOSES HALL GENERAL TELEPHONE COMPANY UNIVERSITY OF CALIFORNIA 22715 HAWTHORNE BLVD. BERKELEY, CA 94720 TORRANCE, CA 90509 /POSTED AT THE FOLLOWING LOCATIONS: .0P` 7/ 1. Hesse Park, 2. R.P.V. Park, PACIFIC TELEPHONE COMPANY 3. Ladera Linda Park, 4. U. S. Post Office 19310 GATEWAY DRIVE, ROOM 208 5, L.A. County Fire Station and City Hall TORRANCE, CA 90502 r //r TT1 q ro