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ORD 298 ORDINANCE NO. 298 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING APPEALS FROM DECISIONS OF THE VIEW RESTORATION COMMITTEE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE WHEREAS, on November_ 7, 1989, the voters of the City of Rancho Palos Verdes adopted Proposition M, the Cooperative View Preservation and Restoration Ordinance ("the Ordinance") , the stated purpose of which is to protect, enhance and perpetuate certain visual resources within the City of Rancho Palos Verdes; and WHEREAS, Section 5 of the Ordinance provides that the City Council may amend its provisions if the City Council finds that the proposed amendments "are necessary to effectuate or enhance" the purposes of the Ordinance; and WHEREAS, an amendment to the Ordinance to allow decisions of the View Restoration Committee to be appealed to the City Council is necessary to enhance the stated purposes of the Ordinance because such appeals will allow the City Council to review the View Restoration Committee's decisions to determine whether the provisions of the Ordinance have been properly interpreted and applied; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 17.02 . 040 C 2 of Chapter 17. 02 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph g thereto to read as follows: g. The applicant, the owner of the property where the foliage is located, or any other interested person may appeal any decision of the View Restoration Committee to the City Council by filing with the City Clerk a written notice of appeal, including the grounds for appeal, together with the appeal fee established by resolution of the City Council, within fifteen (15) calendar days after the View Restoration Committee adopts the resolution setting forth its decision. If such an appeal is timely and properly filed, a copy of the findings of the View Restoration Committee shall be transmitted to the City Council together with the notice of appeal and any other written materials submitted by interested parties. Additional written materials shall be submitted to the City Clerk at least seven (7) calendar days prior to the date of the City Council meeting when the appeal will be heard. Upon receiving the notice of appeal, the City Clerk shall 940307 R6876-00001 pjr 0691409 schedule the matter for review at a forthcoming meeting of the City Council. At the Council meeting, oral testimony shall be limited to five (5) minutes in length for each of the parties whose properties are affected by the decision and two (2) minutes per person for other individuals. Oral testimony shall be limited to the issues raised in the written appeal. At the conclusion of the oral presentation, the City Council may do one of the following: i. Affirm the decision of the View Restoration Committee and dismiss the appeal if, in the opinion of the City Council, the appeal does not present a substantial issue regarding the interpretation or application of the provisions of this Section 17. 02. 040 and the findings of the View Restoration Committee do not warrant further hearing; or ii. Refer the matter back to the View Restoration Committee to conduct further proceedings, if, in the opinion of the Council, the Committee has not properly interpreted or applied the provisions of this Section 17. 02. 040 or has made some other error in connection with the case, or if significant new evidence is presented in conjunction with the appeal. The City Council shall state the ground(s) for the remand and shall give instructions to the View Restoration Committee concerning any error found by the City Council in the Committee's prior determination. PASSED, APPROVED and ADOPTED this 3rd day of May, 1994. 1010r' r , MAYOR AT a •T: �r #111 1 , 410 CITY CLERK ST A 'E OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES ) ORD. NO. 298 940307 R6876-00001 pjr 0691409 - 2 - I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole number of members of the City Council is five, that the foregoing ordinance, being Ordinance No. 298, passed first reading on April 19, 1994, was duly and regularly I/ adopted by the City Council of said City at a regular meeting held on May 3, 1994; and that the same was passed and adopted by the following roll call vote: AYES: BYRD, McTAGGART, LYON, AND MAYOR KUYKENDALL NOES: NONE ABSENT: BROOKS ABSTAIN: NONE ��. � f CITY CLE'4 , CITY OF RANCHO P CS DES ORD. NO. 298 940307 R6876-00001 pjr 0691409 3 ORDINANCE NO. 298 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, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on May 6, 1994 , she caused to be posted the following document entitled: REGARDING APPEALS FROM DECISIONS OF THE VIEW RESTORATION COMMITTEE AND AMENDING THE RANCHO -PALOS VERDES MUNICIPAL CODE. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes U . S . Post Office 28649 S . Western Ave. Ladera Linda Community Center Rancho Palos Verdes 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd . , Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of postin• < � A 'w CITY CLERK 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360