ORD 329U ORDINANCE NO. 329-U
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REGARDING THE REPLACEMENT OF FOLIAGE,
AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE, AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
ORDAINS 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 amending paragraph f thereof to read as follows:
f. The View Restoration Commission 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 or the foliage owner's reasonable
enjoyment of his or her property. Such conditions or
restrictions may include, but are not limited to: (1)
requiring the complete removal of the subject foliage
when the Commission 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,
threaten the public health, safety and welfare, or will
destroy the aesthetic value of the foliage that is to
be pruned or reduced in height, provided that the
property owner consents to the removal; and (2)
requiring replacement of such foliage when the
Commission finds that removal without replacement will
cause a significant adverse impact on: (a) the public
health, safety and welfare, (b) the privacy of the
property owner, (c) shade provided to the dwelling or
the property, (d) the energy-efficiency of the
dwelling, (e) the health or viability of the remaining
landscaping, or (f) the integrity of the landscape
plan, provided that the property owner consents to the
replacement.
Section 2: Urge cy Findings,. The View Restoration
Commission of the City of Rancho Palos Verdes and the City
Council of the City of Rancho Palos Verdes currently are
conducting hearings on view restoration applications. The City
Council has found that the Section 17. 02 . 040 of the Rancho Palos
Verdes Municipal Code currently only allows the Commission or
City Council to order replacement foliage to be planted only in
two circumstances. Thus, the Code, as currently written, does
not allow the City to adequately balance the interests of the
applicant and the foliage owner in other circumstances where the
planting of replacement foliage would advance the provisions of
the Ordinance. Because the City currently is conducting hearings
on view restoration applications, it is necessary to amend the
Ordinance immediately to broaden the City's ability to order
971106 R6876-00001 cwl 0692045.001
replacement foliage to be planted so as to advance the purposes
of the Ordinance of preserving and protecting views while
promoting a better balance between the rights of the affected
parties.
Accordingly, the City Council finds that it is
necessary for this ordinance to become effective immediately so
that other circumstances can be considered by the City in
determining when to order the replacement of foliage in
connection with applications that currently are being processed
which will preserve the public health, safety and welfare. Based
on these facts constituting the urgency, and passed by a
four-fifths vote of this City Council, this Ordinance is adopted
immediately upon introduction pursuant to Government Code Section
36934 and shall take effect immediately upon its adoption
pursuant to Government Code Section 36937 (b) .
PASSED, APPROVED and ADOPTED this 18th day of November,
1997.
44 - f/_ '
MAYO Ovir
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ATTEST: j`
ty I, c1Jt :, ,-'
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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
being Ordinance No. 329U, was adopted as an urgency ordinance on
November 18, 1997 at a regular meeting of the City Council and
that the same was adopted by the following roll call vote:
AYES: FERRARO, BYRD, HOLLINGSWORTH, LYON AND MAYOR
McTAGGART
NOES: NONE
ABSENT: NONE
LI/2
ABSTAIN: NONE
L-Lit /3
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/ CITY CLERK
971106 R6876-00001 cwl 0692045.001 — 2 - ORD. NO. 329U
LAl!ORD. NO. 329U
RANCHO PALOSVERDES
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 December 4, 1997 , she caused to be
posted the following document entitled :
REGARDING THE REPLACEMENT OF FOLIAGE, AMENDING THE RANCHO
PALOS VERDES MUNICIPAL CODE, AND DECLARING THE URGENCY THEREOF
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 postiyi .
// /77
/) c1/ cc (CITY CLERK
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30940 HAWTHORNE BOULEVARD J RANCHO) PALOS VERDES. CA 90274.5391 F (213) 377.0360
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