ORD 317 ORDINANCE NO. 317
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES ADOPTING AMENDMENTS TO SECTION
17.02.040 OF THE CITY OF RANCHO PALOS VERDES
MUNICIPAL CODE
WHEREAS, on June 9, 1994, the Planning Commission and View Restoration
Commission conducted a joint Sub-Committee workshop to discuss potential
amendments to Section 17.02.040 (Proposition M) of the City's Municipal Code; and
WHEREAS, on June 30, 1994, the City Council and View Restoration
Commission conducted a joint workshop to discuss potential amendments to Section
17.02.040 (Proposition M) of the City's Municipal Code; and
WHEREAS, on January 21, 1995, the City Council, Planning Commission and
View Restoration Commission conducted a joint workshop to discuss potential
amendments to Section 17.02.040 (Proposition M) of the City's Municipal Code; and
WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, Planning Commission public hearings were held on March 23 1994,
May 24, 1994, November 9, 1994, December 13, 1994, January 24, 1995, and October
10, 1995, to consider amendments to Section 17.02.040, at which time all interested
parties were given an opportunity to be heard and present evidence regarding said
amendments; and
WHEREAS, the Planning Commission adopted P.C. Resolution No. 95-45 on
November 14, 1995 recommending to the City Council certain amendments to Section
17.02.040; and
WHEREAS, View Restoration Commission public hearings were held on October
27, 1994, November 17, 1994, December 1, 1994, and April 20, 1995, to consider
amendments to Section 17.02.040, at which time all interested parties were given an
opportunity to be heard and present evidence regarding said amendments; and
WHEREAS, the View Restoration Commission adopted V.R.C. Resolution No.
95-02 on May 4, 1995 recommending to the City Council certain amendments to
Section 17.02.040; and
WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes
Municipal Code, City Council public hearings were held on February 20, 1996, March
11, 1996, May 21, 1996 and July 2, 1996, at which time all interested parties were
given an opportunity to be heard and present evidence regarding said amendments;
and
WHEREAS, as a result of the City Council public hearings, the City Council
directed Staff to prepare further amendments to Section 17.02.040; and
WHEREAS, the amendments were reviewed and approved by the Planning
Commission on August 19, 1996 and by the View Restoration Commission on August
15, 1996, and forwarded to the City Council for its final review and consideration on
August 20, 1996.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS:
Section 1,: The City Council has reviewed and considered the amendments to
Section 17.02.040 of the Municipal Code.
Section 2,: The City Council finds that the amendments to Section 17.02.040 are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 3: The City Council finds that the amendments to Section 17.02.040 are
consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in
that they uphold, and do not hinder, the goals and policies of those plans, in particular
to carefully control and direct future growth towards making a positive contribution to all
elements of the community.
Section 4: The City Council finds that the amendments to Section 17.02.040 are
consistent with the purposes and intent of Proposition M in that the amendments to the
Proposition M language merely relocate, reorganize or clarify the Proposition M text.
Section 5: The City Council finds that the amendments to Section 17.02.040 are
substantially the same as previous provisions of the Rancho Palos Verdes Municipal
Code or any other ordinance repealed, amended or superseded upon the enactment of
this ordinance and that the amendments to Section 17.02.040 be construed as a
restatement and continuation of these previous provisions and not as new enactments.
Section 6: The City Council further finds that the amendments to Section
17.02.040 do not have the potential to create a significant effect on the environment
and therefore are determined to be categorically exempt (Class 8) from the California
Environmental Quality Act (CEQA).
Section 7: The City Council further finds that the amendments to Section
17.02.040 are necessary to preserve the public health, safety, and general welfare in
the area.
Ordinance No. 317
Page 2 of 14
Section 8: For the foregoing reasons and based on the information and findings
included in the staff reports and records of the proceedings, Section 17.02.040 of
Chapter 17.02 of Title 17 of the City of Rancho Palos Verdes Municipal Code is hereby
amended to read as follows:
17.02.040 View preservation and restoration. The residents of the city of rancho
palos verdes by the adoption of this section, have made a finding that the peace,
health, safety and welfare of the community will be served by the adoption of this
section and by the regulations prescribed herein.
A. Definitions. When not inconsistent with the context, the words
used in the present tense include the future; words in the singular number include the
plural; and those in the plural number include the singular. In carrying out the intent of
this section, words, phrases and terms shall be deemed to have the following meanings
ascribed to them:
1. "City" means the city of rancho palos verdes and its
employees and staff and those designated by the city council to act on behalf of the
city.
2. "City council" means the duly elected legislative body of the
city of rancho palos verdes.
3. "Director" means the director of the planning, building and
code enforcement department of the city of rancho palos verdes.
4. "Foliage" means natural growth of trees, shrubs and other
plant life.
5. "Lot coverage" means that portion of a lot or building site
which is occupied by any building or structure, including trellises; decks over thirty (30)
inches in height, as measured from existing adjacent grade; parking areas; or
driveways.
6. "Neighborhood character" means the existing characteristics
in terms of the following:
a. Scale of surrounding residences;
b. Architectural styles and materials; and
c. Front yard setbacks.
7. "Planning Commission" means the planning commission of
the city of rancho palos verdes as defined in chapter 2.20 (Planning Commission) of
this municipal code.
8. "Privacy" means reasonable protection from intrusive visual
observation.
9. "Scale" means the total square footage and lot coverage of
a residence and all ancillary structures.
10. "Setback" means the minimum horizontal distance as
prescribed by this code, between any property line or private easement boundary used
for vehicular and/or pedestrian access and the closest point on any building or
Ordinance No. 317
Page 3 of 14
structure, below or above ground level, on the property. In cases where there is no
structure on a lot, setback shall mean the minimum horizontal distance between the
property line or easement boundary line and a line parallel to the property line or
easement boundary line. Please refer to chapter 17.48 (Lots, Setbacks, Open Space
Area and Building Height) for setback regulations.
11. Shall and May. "Shall" is mandatory and "may" is
permissive.
12. "Structure" means anything constructed or built, any edifice
or building of any kind, or any piece of work artificially built up or composed of parts
joined together in some definite manner, which is located on or on top of the ground on
a parcel of land utilized for residential purposes, excluding antennas, skylights, solar
panels, and similar structures not involving the construction of habitable area.
13. "Style" means design elements which consist of, but are not
limited to:
a. Facade treatment;
b. Height of structure;
c. Open space between structures;
d. Roof design;
e. The apparent bulk or mass of the structure; and
f. The number of stories.
14. View. On the palos verdes peninsula, it is quite common to
have a near view and a far view because of the nature of many of the hills on the
peninsula. Therefore, a "view" which is protected by this section is as follows:
a. A "near view" which is defined as a scene located on
the peninsula including, but not limited to, a valley, ravine, equestrian trail, pastoral
environment or any natural setting; and/or
b. A "far view" which is defined as a scene located off
the peninsula including, but not limited to, the ocean, los angeles basin, city lights at
night, harbor, vincent thomas bridge, shoreline, or offshore islands.
A "View" which is protected by this section shall not include vacant land that is
developable under the city code, distant mountain area not normally visible, nor the sky,
either above distant mountain areas or above the height of offshore islands. A view
may extend in any horizontal direction (three hundred sixty degrees of horizontal arc)
and shall be considered as a single view, even if broken into segments by foliage,
structures or other interference.
15. "Viewing area" means that area of a structure (excluding
bathrooms, hallways, garages, or closets) or that area of a lot (excluding the setback
areas) where the owner and city determine the best and most important view exists.
In structures, the finished floor elevation of any viewing area must be at or above
existing grade adjacent to the exterior wall of the part of the building nearest to said
viewing area.
Ordinance No. 317
Page 4 of 14
16. The "view restoration commission" means a planning
commission for limited purpose, as defined by chapter 2.21 (View Restoration
Commission) of this municipal code, appointed by the city council to consider
applications for view restoration permits and city tree review permits. The terms and
qualifications of office shall be established by the city council. The commission shall
consist of seven members and three alternates, representing as diverse a geographical
mix of members and alternates as is practical. The view restoration commission shall
draft regulations and policies to guide the actions of the commission, which shall be
binding after approval by the city council. In the event the workload of the view
restoration commission declines to an amount deemed by the city council to make the
continuation of the view restoration commission impractical, the city council shall
disband the view restoration commission and transfer its work to the planning
commission created and established by chapter 2.20 (Planning Commission) of this
municipal code. When the term "planning commission" is referred to in this code, it
shall mean the "planning commission of the city of rancho palos verdes" as defined in
chapter 2.20 (Planning Commission), and shall not mean the "view restoration
commission" as defined in this section.
B. Regulations.
1. Building Height. Any individual or persons desiring to build
a structure or an addition to an existing structure exceeding sixteen (16) feet in height,
may apply for a height modification permit, which,_if granted pursuant to the procedures
contained herein, will permit the individual to build a structure not exceeding twenty-six
(26) feet in height, except as provided in section 17.02.040(B)(1)(d) of this chapter, or
such lower height as approved by the city, measured as follows:
a. For sloping lots which slope uphill from the street of
access or in the same direction as the street of access and for which no building pad
exists, the height shall be measured from the preconstruction (existing) grade at the
point hest oint on the lot to be covered by the structure to the ridgeline or the highest
9
- point of the structure, as illustrated in figure 1 below.
l
fiter.m&nti ja-ncw,-) 7.4
,C _
E air
5:11 u (ti
rk1J
Ordinance No. 317
Page 5 of 14
b. For sloping lots which slope downhill from the street
of access and for which no building pad exists, the height shall be measured from the
average elevation of the setback line abutting the street of access to the ridge line or
the highest point of the structure, as illustrated in figure 2 below.
zeccur,nzuc„now
-
hetaor.fc, it �.�1 ILA
g
eLewv31 =11
c. For lots with a "building pad" at street level or at a
different level than the street or lot configurations not previously discussed, the height
shall be measured from the preconstruction (existing) grade at the highest elevation of
the existing building pad area covered by the structure to the ridge line or highest point
of the structure, as illustrated in figure 3 below. Portions of a structure which extend
beyond the "building pad" area of a lot shall not qualify as the highest elevation
covered by the structure, for the purposes of determining maximum building height.
Structures allowed pursuant to this subsection shall contain no more than one (1) story
(cellars and basements are exempted from this requirement) and shall not exceed
twenty (20) feet in height, as measured from the point where the lowest foundation or
slab meets finished grade, to the ridgeline or highest point of the structure. Otherwise,
a height modification permit shall be required.
yf1CZef' 14. —
trextlXrderleil
- --��
Pittr Wasray
4t40 Mee113
emetflot4
aft.IRA
v•IALim 5"tAl
Ordinance No. 317
Page 6 of 14
d. On sloping lots described in sections 17.02.040(B)
(1)(a) and 17.02.040(B)(1)(b) of this chapter, the foundation of the structure shall
contain a minimum eight (8) foot step with the slope of the lot, as illustrated in Figure 4
below. However, no portion of the structure shall exceed thirty (30) feet in height, when
measured from the point where the lowest foundation or slab meets finished grade to
the ridge line or highest point of the structure. The thirty (30) foot height shall not
exceed a horizontally projected sixteen (16) foot height line (from the high point of the
uphill step of the structure).
2. Setbacks for Sloping Lots. On lots which slope uphill from
the street of access and where the height of a structure is in excess of sixteen (16) feet
above the point where the lowest foundation or slab meets the ground, areas in excess
of the sixteen (16) foot height limit shall be set back one (1) foot from the exterior
building facade of the first story, most parallel and closest to the front property line, for
every foot of height in excess of sixteen (16) feet, as measured from the point where
the lowest foundation or slab meets the ground, as illustrated in Figure 4 below.
■■■•••■ •■•■,
I 4'
4E.
au,
JC -t‘°. =1 1
0A)
■•■••• _dr
rl
--i {
1
3. Foliage Obstruction. No person shall significantly impair a
view from a viewing area of a lot:
a. By permitting foliage to grow to a height exceeding
the height determined by the view restoration commission through issuance of a view
restoration permit under section 17.02.040 (C)(2) of this chapter; or,
h. If no view restoration permit has been issued by the
view restoration commission, by permitting foliage to grow to a height which is the
lesser of:
Ordinance No. 317
Page 7 of 14
(I) the ridge line of the primary structure on the
property, or
(ii) sixteen (16) feet.
If foliage on the property already exceeds the provisions of subdivisions (I) and (ii) of
section 17.02.040(B)(3) of this chapter on the effective date of this section, as
approved by the voters on november 7, 1989, and significantly impairs a view from a
viewing area of a lot, then notwithstanding whether any person has sought or obtained
issuance of a view restoration permit, the foliage owner shall not let the foliage exceed
the foliage height existing on the effective date of this section (november 17, 1989).
The purpose of this paragraph is to ensure that owners of foliage which violates the
provisions of this paragraph on the effective date of this section shall not allow the
foliage to increase in height. This paragraph does not "grandfather" or otherwise
permit such foliage to continue to block a view.
4. Removal of Foliage as Condition of Permit Issuance. The
city shall issue no conditional use permit, variance, height modification, building permit
or other entitlement to construct a structure, or to add livable area to a structure on a
parcel utilized for residential purposes, unless the owner removes that part of the
foliage on the lot exceeding sixteen (16) feet in height or the ridge line of the primary
structure, whichever is lower, that significantly impairs a view from the viewing area of
another parcel; or records with the city a covenant to protect views. The owner of the
property is responsible for maintaining the foliage so that the views remain unimpaired.
This requirement shall not apply where removal of the foliage would constitute an
unreasonable invasion of the privacy of the occupants of the property on which the
foliage exists and there is no method by which the property owner can create such
privacy through some other means allowed within the development code that does not
significantly impair a view from a viewing area of another property. The initial decision
- on the amount of foliage removal required or the reasonable degree of privacy to be
maintained shall be made by the director, the planning commission or the city council,
as appropriate for the entitlement in question. If the permit issuance involves property
located within the miraleste recreation & park district, the findings of section
17.02.040(C)(2)(c)(vi) of this chapter shall apply. A decision by the director on either of
these matters may be appealed to the planning commission, and any decision of the
planning commission may be appealed to the city council.
5. Determination of viewing area.
a. The determination of a viewing area shall be
made by balancing the nature of the view to be protected and the importance of the
area of the structure or lot from where the view is taken. Once finally determined for a
particular application, the viewing area may not be changed for any subsequent
application. In the event the city and owner cannot agree on the viewing area, the
decision of the city shall control. A property owner may appeal the city's determination
of viewing area. In such event, the decision on the viewing area will be made by the
Ordinance No. 317
Page 8 of 14
body making the final decision on the application. A property owner may preserve his
or her right to dispute the decision on the viewing area for a subsequent application,
without disputing the decision on a pending application, by filing a statement to that
effect and indicating the viewing area the property owner believes to be more
appropriate. The statement shall be filed with the city prior to consideration of the
pending application by the city.
C. Procedures and Requirements.
1. Preservation of views where structures are involved.
a. Any person proposing to construct a structure above
sixteen (16) feet shall submit a height modification permit application to the city. A
determination on the application shall be made by the director in accordance with the
findings described in section 17.02.040(C)(1)(e) of this chapter. The director shall refer
a height modification application directly to the planning commission for consideration
under the same findings, as part of a public hearing, if any of the following is proposed:
i. Any portion of a structure which exceeds
sixteen (16) feet in height extends closer than twenty-five (25) feet from the front or
street-side property line; or
ii. The area of the structure which exceeds
sixteen (16) feet in height (the second story footprint) exceeds seventy-five percent
(75%) of the existing first story footprint area (residence and attached garage);
iii. Sixty percent (60%) or more of an existing
garage footprint is covered by a structure which exceeds sixteen (16) feet in height (a
second story); or
iv. Based on an initial site visit, the director
determines that any portion of a structure which is proposed to exceed sixteen (16) feet
in height may significantly impair a view as defined in this chapter.
b. The applicant shall take reasonable steps established
by the city council to consult with owners of property located within five hundred (500)
feet of the applicant's property. The applicant shall obtain and submit with the
application, the signatures of the persons with whom the applicant consulted. Where a
homeowners' association existing in the neighborhood affected has provided written
notice to the director of its desire to be notified of height modification applications, the
applicant shall mail a letter to the association requesting its position on the application.
A copy of this letter and the response of the association, if any, shall be submitted with
the application. A fee shall be charged for the application as established by resolution
of the city council.
c. The director shall, by written notice, notify property
owners within a five hundred (500) foot radius of the subject property and the affected
homeowners' association, if any, of the application and inform them that any objections
to the proposed construction must be submitted to the director within thirty (30)
calendar days of the date of the notice.
Ordinance No. 317
Page 9 of 14
d. The applicant shall construct on the site at the
applicant's expense, as a visual aid, a temporary frame of the proposed structure.
e. An application to build to the maximum height
permitted in section 17.02.040(B)(1) of this chapter may be granted, with or without
conditions, if the following findings can be made:
i. The applicant has complied with the early
neighbor consultation process established by the city.
ii. The structure does not significantly impair a
view from public property (parks, major thoroughfares, bike ways, walkways or
equestrian trails) which has been identified in the city's general plan or coastal specific
plan, as city-designated viewing areas.
iii. The proposed structure is not located on a
ridge or a promontory.
iv. The structure is designed and situated in such
a manner as to minimize impairment of a view.
v. There is no significant cumulative view
impairment caused by granting the application. Cumulative view impairment shall be
determined by: (a) considering the amount of view impairment caused by the proposed
structure; and (b) considering the amount of view impairment that would be caused by
the construction on other parcels of structures similar to the proposed structure.
vi. The proposed structure, when considered
exclusive of existing foliage, does not significantly impair a view from the viewing area
of another parcel. If the viewing area is located in a structure, the viewing area shall be
located in a portion of a structure which was constructed without a height variation
(modification) permit or variance, or which would not have required a height variation or
variance when originally constructed had this section, as approved by the voters on
november 7, 1989, been in effect at the time the structure was constructed, unless the
viewing area located in the portion of the existing structure which required a height
variation (modification) permit or variance constitutes the primary living area (living
room, family room, dining room, or kitchen) of the residence.
vii. The proposed structure complies with all other
code requirements.
viii. The proposed structure is compatible with the
immediate neighborhood character.
ix. The proposed structure does not result in an
unreasonable infringement of the privacy of the occupants of abutting residences.
f. Written notice of the director's or planning
commission's decision shall be sent to the applicant, his/her representative and to all
parties who responded to the original notice.
g. The decision of the director may be appealed to the
planning commission by the applicant or any person who responded in writing to the
director prior to the director's decision, provided the appeal is filed in writing within
Ordinance No. 317
Page 10 of 14
fifteen (15) calendar days after the date of the director's decision. The appellant shall
pay an appeal fee as established by resolution of the city council.
h. Notice of the public hearing for an initial determination
of a height modification application by the planning commission or an appeal to the
planning commission and/or city council shall be mailed thirty (30) calendar days prior
to the hearing, to property owners within five hundred (500) feet of the applicant's
property , as well as any additional property owners previously determined by the city to
be affected by the proposal.
i. In hearing an appeal of the director's decision, the
planning commission shall grant the application and cause a permit to be issued, only if
it finds that all of the requirements of section 17.02.040(C)(1)(e) of this chapter have
been met.
j. A decision of the planning commission may be
appealed to the city council by the applicant or any person who commented orally or in
writing to the planning commission, provided the appeal is filed in writing within fifteen
(15) calendar days after the date of the planning commission's decision. In order to
grant a permit, the city council must determine that all of the requirements listed in
section 17.02.040(C)(1)(e) of this chapter have been met.
2. Restoration of Views Where Foliage is a Factor.
a. Any resident owning a residential structure with a
view may file an application with the city for a view restoration permit. The applicant
shall file with the application proof that the applicant consulted, or attempted to consult,
with the property owner whose foliage is in question. The applicant shall pay a fee for
the view restoration permit as established by resolution of the city council.
b. The application shall be submitted to the view
restoration commission. Written notice of the time and place for the hearing on the
application shall be sent to the applicant and the property owner(s) of the foliage
involved at least thirty (30) calendar days prior to the meeting of the commission.
Commission members shall inspect the site prior to the public hearing. Only view
restoration commission members who make a site inspection may participate in the
public hearing.
c. In order for a view restoration notice to be issued, the
commission must find:
i. The applicant has complied with the early
neighbor consultation process and has shown proof of cooperation on his/her part to
resolve conflicts.
ii. Foliage exceeding sixteen (16) feet or the ridge
line of the primary structure, whichever is lower, significantly impairs a view from the
applicant's viewing area, whether such foliage is located totally on one property, or
when combined with foliage located on more than one property.
iii. The foliage to be removed is located on
property, any part of which is less than one thousand (1,000) feet from the applicant's
Ordinance No. 317
Page 11 of 14
property line(s).
iv. The foliage significantly impairing the view did
not exist, as view impairing vegetation, when the lot from which the view is taken was
created.
v. Removal or trimming of the foliage will not
cause an unreasonable infringement of the privacy of the occupants of the property
upon which the foliage is located.
vi. For property located within the boundaries of
the miraleste recreation & park district, the commission shall also find the removal or
trimming of the foliage strikes a reasonable balance between meeting the purposes of
section 17.02.040 of this chapter, as set forth in the ordinance approved by the voters
on november 7, 1989, and preserving the historical developments of the miraleste
recreation & park district area with a large number of trees.
d. Should the commission 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 (16) 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 (90) calendar
days to have the foliage removed. The applicant shall be responsible for the expense
of the foliage removal and/or replacement ordered pursuant to this subsection 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 (90)
calendar 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
owner's expense. After the initial trimming, culling, lacing or removal of the foliage, the
owner, at the owner's expense, shall be responsible for maintaining the foliage so that
the view restoration required by the view restoration permit is maintained.
e. To the extent legally permissible, trees or foliage on
property owned by any governmental entity, except the city and the miraleste recreation
& park district, shall be subject to view restoration control, as per the provisions of this
section, except that the foliage shall be trimmed or removed thirty (30) calendar days
following issuance of the notice. Trees and/or foliage located on city property, or in the
public right-of-way, as defined in chapter 17.96 (Definitions), shall be subject to view
restoration control, as per the provisions of this section, pursuant to the city tree review
permit procedure contained in section 17.76.100 (City Tree Review Permit.)
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. 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 or to threaten the public health, safety and welfare, provided that
Ordinance No. 317
Page 12 of 14
the property owner consents to the removal; and (2) requiring replacement of such
foliage when the commission 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.
g. The applicant, the owner of the property where the
foliage is located, or any other interested person may appeal the decision of the view
restoration commission to the city council by filing with the city clerk a written notice of
appeal, including the grounds for the appeal, and any specific action being requested
by the appellant, together with the appeal fee established by resolution of the city
council, within fifteen (15) calendar days after the view restoration commission adopts
the resolution setting forth its decision. The decision of the view restoration commission
is final if no appeal is filed within fifteen (15) calendar days. If such an appeal is timely
and properly filed, a copy of the findings of the view restoration commission and all
materials on file with the director shall be transmitted to the city council, which shall be
part of the appeal hearing record, 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 that the
appeal will be heard by the city council.
Upon receiving the notice of appeal, the city clerk shall schedule the matter for review
at a forthcoming meeting of the city council. At the city 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
commission and approve the application upon finding that all applicable findings have
been correctly made and all provisions of section 17.02.040(C)(2) of this chapter are
complied with; or
ii. Approve the application but impose additional
or different conditions as the city council deems necessary to fulfill the purposes of
section 17.02.040(C)(2) of this chapter; or
iii. Disapprove the application upon finding that all
applicable findings cannot be made or all provisions of section 17.02.040(C)(2) of this
chapter have not been complied with; or
iv. Refer the matter back to the view restoration
commission to conduct further proceedings. The remanded proceedings may include
the presentation of significant new evidence which was raised in conjunction with the
appeal. The city council shall state the ground(s) for the remand and shall give
instructions to the view restoration commission concerning any error found by the city
council in the commission's prior determination.
Ordinance No. 317
Page 13 of 14
Section 9,: The provisions of this Ordinance shall apply to all applications
submitted after the effective date of the Ordinance.
Section 10,: The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 17th day of September, 1996.
v'AYO R
ATTEST:
/1/
_
CI 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. 317, passed first reading on September 3, 1996, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
September 17, 1996, and that the same was passed and adopted by the following roll
call vote:
AYES: McTAGGART, BYRD, FERRARO, HOLLINGSWORTH AND MAYOR LYON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
am 4/
+,ITY CLERK
N:\GROUP\PLANNING\RESOS\CC\1702040.ORD
Ordinance No. 317
Page 14 of 14
ORDINANCE/RESOLUTION NO. ORD 317 FILE: 1203 x 1806
SUBJECT: ADOPTING AMENDMENTS TO SECTION 17. 02040 OF THE CITY OF RANCHO
PALOS VERDES MUNICIPAL CODE
INTRODUCED: 8/20/96 ADOPTED: 9/17/96 POSTED/PUBLISHED 9/23/96
ORDINANCE AND RESOLUTION DISTRIBUTION:
CITY ATTORNEY 7/PUBLIC WORKS DEPARTMENT ?Zot
RICHARDS, WATSON, & GERSHON PLAN. BLDG. & CODE ENFORCEMENT
333 SOUTH HOPE ST. , 38TH FLOOR - RECREATION & PARKS DEPT.
LOS ANGELES, CA 90071 CITY MANAGER DEPT.
CCQ 1 -
FINANCE DEPT.
ji4_ BOOK PUBLISHING COMPANY ti� _ HOMEOWNERS ASSOCIATION
201 WESTLAKE AVENUE N. _ APPLICANT
SEATTLE, WA 98109 1.11 SCHOOL
, D
_ REGISTAR g SOUTH BAY MUNICIPAL COURT
12400 E. IMPERIAL HIGHWAY - 825 SOUTH MAPLE AVE.
NORWALK, CA 90651-1024 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/
12400 E. IMPERIAL HIGHWAY PUBLIC ROADS
NORWALK, CA 90651-1024 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
P.O. BOX 2944
TORRANCE, CA 90509 STATION COMMANDER
26123 NABONNE AVE.
SO. CALIFORNIA EDISON COMPANY LOMITA, CA 90717
P.O. BOX 2944
TORRANCE, CA 90509 _ COX CABLE
43 PENINSULA
_ CALIFORNIA WATER SERVICE COMPANY ROLLING HILLS EST. , CA 90274
5837 CREST ROAD WEST
RANCHO PALOS VERDES, CA 90275 INSTITUTE OF GOVERNMENTAL
et(1.011U STUDIES
LIBRARY 109 MOSES HALL
_ GENERAL TELEPHONE COMPANY /UNIVERSITY OF CALIFORNIA
22715 HAWTHORNE BLVD. BERKELEY, CA 94720
TORRANCE, CA 90505 POSTED AT THE FOLLOWING: CITY HALL
11011 HESSE PARK, RYAN PARK, LADERA LINDA
_ PACIFIC TELEPHONE COMPANY PARK, US. POST OFFICE, FIRE STATION
19310 GATEWAY DRIVE, ROOM 208
TORRANCE, CA 90502
forms/CTR.SH