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'
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MAYOR
AT a •T:
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#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
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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