CC RES 1990-015RESOLUTION NO. 90 -_15
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ADOPTING
REGULATIONS TO IMPLEMENT THE RANCHO PALOS
VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS
AND CITY COUNCIL COOPERATIVE VIEW
PRESERVATION AND RESTORATION ORDINANCE BY
PERMITTING THE USE OF A COVENANT TO
MAINTAIN PROPERTY TO PROTECT VIEWS IN
ACCORDANCE WITH MUNICIPAL CODE SECTION
17.02.040 B.4.
WHEREAS, EAS on November 71 1989, the People of the
• Palos Verdes approved the
City of Rancho Pal "Rancho Palos Verdes P
Council of Homeowners Associations and City Council ��
Cooperative View Preservation and Restoration Ordinance
("Proposition M" with an effective date of November 17,
Propositi
1989; and,
WHERE ,
AS Section 5 of Proposition M empowers the
City Council to adopt procedures and rules or regulations
which may Y
be necessary for its implementation; and,
WHEREAS, Rancho Palos Verdes Municipal Code section
4
as set forth in Section 2 of Proposition M •
17.02.040 B. no conditional use permit,
provides that the City shall issue
varianc e her
height variation, building permit, or of
g
entitlement to
construct a structure, or to add livable area
to a struct ure on a parcel utilized for residential purposes,
p
unless the owner removes all foliage exceeding 16 feet in
ridge line of the primary structure, whichever
height, or the ri g
is lower, that impairs a view from th e viewing area of
another parcel; and,
hundreds of applications for development
WHEREAS, section 17.C2.040 will be
permits subject to Munici
filed Code led with the City on an annual basis; and,
�
't Council has determined that it is
the City y
. WHEREAS, permits enumerated in
desirable to assist applicants for the p
• tion 17.02.040 B.4. by permitting them to
Municipal Code sec
binding covenant to maintain foliage at
execute and record a g f waiting for
the heights specified in Proposition M.in lieu o
the City to undertake and complete a view analysis, and
WHEREAS, it is the City Council's intent to
WH � upon the public which would
minimize the expense and burden p p y Y
be caused b ever Proposition
the delays caused by the need, under Prop development permit application to
M, to subject nearly y
a view analysis; and
WHEREAS, it is the City Council's intent to
minimize the expense and burden upon the public which would
be caused by the increased staffing and application fees
caused by the need, in the absence of the alternative
covenant procedure set forth in this Resolution, to subject
nearly every development permit application to a view
analysis; and
WHEREAS, the City Council has determined that it is
necessary and desirable to permit the use of the Covenant to
Maintain Property to Protect Views by adopting the Covenant
as a city -wide supplemental regulation necessary for the
implementation of Proposition M;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE
AS FOLLOWS:
Section 1. The Covenant to Maintain Property to
Protect Views as set forth in Exhibit "A" to this Resolution
and hereby approved and adopted, and the procedures set forth
in this Resolution, are necessary for the implementation of,
and are consistent with, Proposition M.
Section 2. These regulations are intended to
supplement the provisions of Proposition M. and they shall be
interpreted and applied in a manner consistent with
Proposition M.
Section 30 Applicants for development permits
subject to Municipal Code section 17.02.040 B.4. may execute
and record the approved form Covenant to Maintain Property
and Protect Views in lieu of seeking staff completion of the
view analysis contemplated under section 17.02.040 B.4. In
the alternative, applicants for development permits may
request and receive the view analysis contemplated under
section 17.02.040 B.40
Section 4. The City Clerk is directed to prepare a
system for the filing and codification of procedures and
rules or regulations adopted pursuant to the authority
granted under Proposition M. The City Clerk is further
authorized and directed to maintain a legislative history of
the City Council's actions adopting or rejecting procedures
and rules or regulations. The City Clerk is authorized to
number, renumber, arrange or index the procedures and rules
or regulations adopted pursuant to the authority granted
under Proposition M in any manner deemed necessary for the
convenient maintenance of such matters.
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Section 5. The City Council expressly disclaims any
intention to create, and no person shall acquire, any
property right or interest through the adoption, enforcement,
amendment, or repeal of these regulations.
APPROVED and ADOPTED this 20th day of March, 1990.
aR, ATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS
VERDES
)ss
Mayor
If JO PURCELL, City Clerk of the City Council of the
City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 90 -15 was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof
held on the 20th day of March, 1990.
QD 7
a`.
ANCHO TY CLERK
CITY 0 PALOS VERDES
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RECORDING REQUESTED BY:
City of Rancho Palos Verdes
WHEN RECORDED RETURN TO:
City of Rancho Palos Verdes
Planning Department
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90274
(Space Above This Line For Recorder's Use Only)
COVENANT TO MAINTAIN PROPERTY TO PROTECT VIEWS
Conditional use permit, variance, height variation, building
permit, or other entitlement to construct a structure or to add
livable area to a structure
WHEREAS,
and
(hereinafter "Owners") is /are
the Owners(s) of the real property (the "Property ") known as
, Rancho Palos Verdes,
California, as more fully described as Lot of Tract No.
in the City of Rancho Palos Verdes as per Book Page
and Parcel(s)
on the records of the County of Los
Angeles Assessors Office; and
WHEREAS, Owners have received
permit from the City of Rancho Palos Verdes ( the "City ") ; and
WHEREAS, the City is the owner of
Property; and
Street, which is adjacent to the
EXHIBIT A
WHEREAS, in order to satisfy the provisions of section
17.02.040 B. 4. of the Rancho Palos Verdes Municipal Code, said
permit contains a condition requiring Owners to agree to maintain
all trees and other foliage on the Property in a manner so as to
protect views from other properties in a manner consistent with
Municipal Code section 17.02.040 B. 4., and
WHEREAS, in consideration for receiving said permit, Owners
are willing to execute this Covenant and to undertake the
maintenance obligations provided herein, for the purpose of
protecting the views from other properties in the City of Rancho
Palos Verdes in a manner consistent with Municipal Code section
17.02.040 B. 4.
NOW, THEREFORE, in consideration of the City's approval of
permit, Owners hereby agree
as follows:
1. Owners covenant and agree to keep and maintain all
trees and foliage on the Property to prevent such trees and
foliage from growing to a maximum height that exceeds the lesser
of ( a ) sixteen feet, or ( b ) the ridge line of the primary
structure on the Property, to the extent such foliage and trees
would impair a view from the viewing area of other property. To
this end, Owners covenant and agree to trim, prune or (if
necessary) remove, in accordance with the provisions of Municipal
EXHIBIT "A"
-2-
Code section 17.02.040 B. 4. as needed from time to time, all
trees and foliage on the Property to prevent such trees and
foliage from exceeding such maximum height to the extent such
trees and foliage would impair a view from the viewing area of
other property.
2. For purposes of this Covenant, a view shall be
defined as follows and shall include both "near views" and "far
views:"
(a) A "near view" is defined as a scene located on the
Palos Verdes Peninsula including, but not limited to, a valley,
ravine, equestrian trail, pastoral environment or any natural
setting.
(b) A "far view" is defined as a scene located off of
the Palos Verdes Peninsula including, but not limited to, the
ocean, Los Angeles basin, city lights at night, harbor, Vincent
Thomas Bridge, shore line or offshore islands.
(c) View shall not include vacant land that is
developable under the City Code, distant mountain areas not
normally visible, nor the sky, either above distant mountain
areas or above the height of offshore islands.
(d) View may extend in any horizontal direction (360
degrees of horizontal arc) and shall be considered as a single
view even if broken into segments by foliage, structures or other
interference,,
EXHIBIT "A" RESOL. 90 -15
MIC
3, For the purposes of this Covenant, "viewing area"
shall be defined in a manner consistent with the provisions of
Municipal Code section 17.02.040 A. 16., which provisions are
summarized below:
(a) The area of the structure (excluding bathrooms,
hallways, garages, or closets) or lot (excluding setback areas)
where the Owners and the City determine the best and most
important view exists. 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 the viewing
area.
4. This Covenant shall run with the land and shall be
a burden upon the Property and shall be for the benefit of all
real property located in the City of Rancho Palos Verdes, County
of Los Angeles, State of California, including but not limited to
Street owned by the City, which is
adjacent to the Property.
5, This Covenant may be enforced only by the
following persons or entities:
a. The City of Rancho Palos Verdes, its
successors -in- interest and its assigns; or
b. The owner of any residential real property in
EXHIBIT "A" RESOL. 90 -15
-4-
the City of Rancho Palos Verdes whose view from the viewing area
of the structure is impaired by trees or foliage in excess of the
maximum height specified above in Section 1 of this Covenant.
6. Notwithstanding anything provided herein to the
contrary, the burdens of this Covenant may be terminated and
abandoned by the City Council of the City at any time by
execution and recordation of a notice abandoning this Covenant.
7. The covenants and obligations of Owners contained
in this instrument shall be binding upon Owners, their successors
and assigns, only during their respective periods of ownership of
the Property.
8. This instrument contains the entire agreement of
the Owners relating to the rights herein granted and the
obligations herein assumed. Any oral representations or
modifications concerning this instrument shall be of no force or
effect except for a subsequent modification in writing signed by
the then current Owners or for a termination hereof executed by
the City.
9. In the event of any controversy, claim, or dispute
relating to this instrument or the breach thereof, the prevailing
party shall be entitled to recover from the losing party
reasonable attorney's fees and costs.
EXHIBIT "A"
MM
10. In the event that there is more than one
individual owner of the Property, the obligations set forth
herein shall be the joint and several obligations of each Owner.
IN WITNESS WHEREOF, the undersigned have executed this
Covenant to Maintain Property to Protect Views as of the
day of I If 19 .
(Type or Print Name Under Signature)
(Type or Print Name Under Signature)
"Owners"
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On 19 before me, the undersigned, a
Notary Public in and for said State, personally appeared
, personally known to me or proved to me
on the basis of satisfactory evidence to be the person(s) who
name(s) is /are subscribed to the within instrument and
acknowledged that they executed the same.
WITNESS my hand and official seal.
Notary Public
EXHIBIT "A"
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