CC RES 1989-081..RESOLUTION NO. 89 - - 81
A RESOLUTION OF THE CITY COUNCIL OF THE,CITY OF RANCHO
PALOS VERDES, CALIFORNIA, ORDERING THE SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY CERTAIN MEASURES
RELATING TO VIEW PROTECTION AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1989
AS CALLED BY RESOLUTION NO. 89 -72
WHEREAS, a General Municipal Election to be held on
Tuesday, November 7, 1989 has been called by Resolution No.
89-72 adopted on .July 5,- 1989-; apd
WHEREAS, the City Council also desires to submit to the
voters at the election questions relating to view protection.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE
AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its
right and authority, does order submitted to the voters at
the General Municipal Election the following questions
A. Shall the ordinance entitled
"View Protection and Preservation
Ordinance of the Rancho Palos
Verdes Council of Homeowners
Associations submitted by the
initiative petition be adopted?
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Shall.the ordinance entitled
"Rancho .Palos Verdes Council of j
Homeowners Associations and the
City council Cooperative View YES
Preservation. and Restoration
Ordinance be adopted? 1N0__1
SECTION 2. That the proposed initiative petition
submitted by the voters to.the voters is attached as Exhibit
"A" hereto.
SECTION 30 That the proposed measure submitted by
the City Council to the voters is attached as Exhibit "B"
hereto.
SECTION 3. That in all particulars not recited in
this resolution, the election shall be held and conducted as
provided by law for holding municipal elections.
SECTION 4. That notice of the time and place of
holding the election is given and the City Clerk is
authorized, instructed and directed to give further or
additional notice, of the 'election, in time, form and manner
as required bylaw. _
SECTION 5. That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
boob of original resolutions.
PASSER, APPROVED AND ADOPTED ON August 7, 1989.
k6elzhdzLa�.
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MAYOR
ATTEST;
TY CLERK
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St a of California )
Countyof Los Angeles ) ss
City of -- Rancho Palos Verdes )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes,
hereby . ce.rt i f y that the above Re so l ut ion No.' 89- 81 was duly
and regularly passed and adopted by the said City Council at
a reg.ul,ar..,meeting thereof held on August 7, 9890
City//Clerk
Cit of Rancho Palos Verdes,
-2- RESOL. 89-91
I�
INITIATIVE PETITION TO ENACT AN ORDINANCE AMENDING HEIGHT VARIATION 17.02.040
OF THE DEVELOPMENT CODE OF THE CITY OF RANCHO PALOS VERDES
NOTICE OF INTENT TO CIRCULATE PETITION:
TO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES: We, the undersigned, reside within the boundaries of the City of Rancho Palos Verdes and
are duly registered and qualified voters of the County of Los Angeles, State of California. The undersigned hereby present this petition and request that the following
VIEW PROTECTION AND PRESERVATION ORDINANCE of the RANCHO PALOS VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS be adopted.
The proposed VIEW PROTECTION AND PRESERVATION ORDINANCE would:
A. Establish a view protection, preservation, and restoration ordinance by amending and or eliminating some sections of the City's Municipal Code
(17.02.040) and by defining guidelines and procedures for administering such ordinance.
B. Ensure reasonable development of the land, and define finite visual resources by establishing limits to which construction peaks and plant growth can attain
before encroaching into a view. Reduce height limitation to 24 feet.
C. Require that the development of each parcel of land or addition to residences or structures occurs in a manner which is harmonious and maintains the
character of contiguous subcommunity development and neighborhood compatibility as defined in the City's General Plan.
D. Require the pruning of dense foliage or tree growth which, alone, or in conjunction with construction exceeds defined limits.
E. Require evidence of early consultation with affected neighbors by the applicant.
We off erthis initiative because the hillsides of this semi -rural City constitute a limited natural resource, fortheir scenic value to residents and visitors, plus their potential
for vista points and view lots. The City's General Plan recognizes these natural resources and calls for their protection.
The purpose of this initiative is to codify this View Protection concept. It encourages the homeowner who wants to make changes to his property to respect not only
his neighbor's property rights but also the finite characteristics of our City.
Within ten (10) days after the date of publication of the NOTICE OF INTENTION TO CIRCULATE INITIATIVE PETITION, a copy of the notice, accompanying
statement and affidavit of the publishing thereof, were filed with the City Clerk of the City of Rancho Palos Verdes, September 15, 1987.
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RANCHO PALOS VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS:
Naomi Phillips John Arand Jeannette Mucha
President 1st Vice President 2nd Vice President
An ordinance amending height variation 17.02.040 of the Development Code of the City of Rancho Palos Verdes.
THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES DO ORDAIN AS FOLLOWS:
A. PURPOSES
The hillsides of the city constitute a limited natural resource in their scenic value to all residents of and visitors to the city and their potential for vista points and view lots.
The city's General Plan
recognizes these natural resources and calls for their protection. The public health, safety and welfare of the city require prevention of needless destruction and impairment of these
limited natual resources.
The purpose of this Initiative is to promote the health, safety and general welfare of the public by accomplishing the purposes set forth below and it is intended that this Initiative
shall be administered in
accordance with such purposes. Where this Initiative is in conflict with other city ordinances, the stricter shall apply.
Specifically, this Initiative:
(1) Protects, enhances, perpetuates the use of sites and view lots that offer views to the residents because of the unique topographical features which the Palos Verdes Peninsula offers,
or which
provide unique and irreplaceable assets to the city and its neighboring communities or which provide for this and future generations examples of the unique physical surroundings which
are characteristic
of the city.
(2) Insures and defines finite visual resources by establishing limits to which construction and plant growth can attain before encroaching into a view.
(3) Insures that the development of each parcel of land or addition to residences or structures occurs in a manner which is harmonious and maintains the character of contiguous sub-
community
development and neighborhood compatibility as defined in the General Plan.
(4) Requires the pruning of dense foliage or tree growth which alone, or in conjunction with construction exceed defined limits.
B. DEFINITIONS
In carrying out the intent of this Initiative, words, phrases and terms shall be deemed to have the following meaning ascribed to them.
1. General Terminology. 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.
(a) Shall and May. "Shall" is mandatory; and "May" is permissive.
(b) "City" shall mean the city of Rancho Palos Verdes and its employees and staff and those designated by the City Council to act for and on behalf of the City.
(c) City Council. City Council shall mean the City Council of the city of Rancho Palos Verdes.
(d) Planning Commission. "Planning Commission" shall mean the Planning Commission of the city of Rancho Palos Verdes.
(e) Intent and Purpose. That the residents of the city of Rancho Palos Verdes by the adoption of this Initiative, have made a finding that the peace, health, safety and welfare of the
community will be served by the creation of this Initiative and by the regulations prescribed herein.
2. Specific Definitions.
(a) Building Setback Line. The minimum distance as prescribed by ordinance between any property line, or private easement boundary used for vehicular and/or pedestrian access,
and the closest point on any building or structure related thereto above ground level.
(b) Bu_ Edina Height. Any individual or persons desiring to build a structure or an addition to an existing structure exceeding sixteen feet in height may apply for a Height Variation
Permit,
which, if granted pursuant to the procedures contained herein, will permit said individual to build a structure not exceeding twenty four feet in height, measured in the manner established
in this Initiative.
Height shall be measured as follows:
— for lots which slope uphill from the street of access, sixteen (16) feet shall be measured from the existing grade at the highest point on the lot to be covered by the structure.
— for lots sloping downhill from the street of access, the sixteen (16) feet height limitation shall be measured from the average elevation of the property line abutting the street of
access to the ridge line or
the highest point of the structure.
— for lots sloping in the same direction as the street of access, lots with a wilding pad at a different level than the street, or lot configuration not previousiy discussed, sixteen
(16) feat sNWII a °nrasu =ed
from existing grade at the highest elevation covered by the structure to the ridgeline or highest point of the structure.
— for sloping lots, a structure which steps with the slope of thellot will be allowed, however, no portion of the structure shall exceed twenty four (24) feet in height when measured
from the top of the lowest
foundation or slab to the ridgeline or high point of the structure. The twenty four (24) foot height shall not exceed a horizontally rojected sixteen (16) foot height line (from the
high point of the uphill step
of the structure). Furthermore Po may at no point the to of the foundation (not including any crippled wall) be greater than five (5) feet above the averge elevation of the finished
grade, where it touches said
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foundation.
(c) Coverage of lot. That portion of a lot or building site which is occupied by any building or structure.
(d) Neighborhood Character. The existing characteristics in terms of the following:
(1) Scale of development of surrounding residences.
(2) Architectural styles and materials.
(3) Front yard setbacks determined to keep cars from encroaching onto the sidewalk.
(e) kale. While many elements can contribute to the scale of a residential structure, designs should minimize the appearance of over -built property to both public and private view.
The
square footage of the residence or structure and the total amount of lot coverage should reflect the semi -rural character of the city, and the respective neighborhood sub - community.
(f) Structure, 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 any ground.
(g) Stvle. Design elements which ensure a compatible scale of development in a neighborhood which consist of, but are not limited to:
1 Facade treatments.
2 Height of structure.
3 Open Space between structures.
4 Roof design.
5 The apparent bulk or mass of the structure.
h o6) Number of stories in the homes in the neighborhood.
n 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.
A near view is def defined as but not limited to a scene located on the Peninsula which could be a valley, ravine, equestrian trail, pastoral environment, or any natural setting.
A far view is defined as, but not limited to, a scene located off the peninsula such as, but not limited to, the ocean, Los Angeles basin, city lights at night, harbor, shore line, or
off shore islands.
The term view does not include developable vacant land. Nor does it constitute distant mountain areas not normally visible nor the sky, either above distant mountain areas or above the
height
of off shore islands.
i) Natural growth of trees, shrubs and other plant life.
A lot where there exists an identifiable view, not viewed from within the setback areas or from accessory uses if they lie within required setbacks. The identifiable view and
the viewing rea shat be determined b the applicant and the City urin a site inspection and will be applicable to structures and vacant land. The view shall be determined from anywhere
within the buildable
area of the lot and can extend in an directionp 360 degrees of horizon al arc).
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A lot shall not be considered a view lot if a view obstruction would occur from a structure which meets all other requirements of the Zoning Code and could be constructed or modified
without a
variance or height variation permit within the zoning district in which it is located.
(k) Improvement. Any construction, remodeling, alteration or change to real property requiring the issuance of a building permit by the City.
EXHIBIT "A"
(ORDINANCE CONTINUED ON REVERSE SIDE) ;
RESOL. NO. 89 -81
7
INITIATIVE PETITION TO ENACT AN ORDINANCE AMENDING HEIGHT VARIATION 17.02.040
OF THE DEVELOPMENT CODE OF THE CITY OF RANCHO PALOS VERDES
(Ordinance continued from reverse side)
C. PROCEDURES AND REQUIREMENTS
1. Preservation of views where structures are Involved.
(a) Any person proposing new construction, addition or alteration of an existing structure above 16 feet in any zoning district in the city shall be required to submit a height variation
permi
application to the city for review and site inspection. Early neighbor consultation with signatures from adjacent legal property owners within 500 feet shall be obtained and submitted
with the application. When
a homeowners association exists in the neighborhood affected, the applicant shall obtain a letter from the association which states their position on the proposeNe oject. A copy of this
letter shall be submittei
with the application. Construction of balconies, "decks", outside stairways, parapets, skylights, solar panels and similar uses above 16 feet shall also be subject above procedures.
A fee shall be charge
for such review as established by resolution of the City Council.
(b) After site inspection, the City may determine that the property is not located in a view area, and an administrative approval may be granted. A portion of the filing fee shall be
refunded to thi
applicant as determined by the City Council.
c After site inspection, if the City etermines the proposed construction is in a view area, the City shall, by written notice, notify property owners within a five hundred (500) foot
radius of the propose
() ' �' proposed construction must be sumitted to the Ci within fourteen (14) days of the date of the notice.
construction that any ob actions to the p p,
(d) The Ci X11 also determine if there are properties outside the five hundre (500) foot radius which would be affected by the proposal. The owners of such properties shall receive notice
a
set forth in section (c above.
(e) An app ication to build to a maximum height of twenty four (24) feet may be granted if the Planning Director finds as follows:
applicant has complied with the earl neighbor consultation process and has secured the required signatures from all the adjacent property owners and Homeowners Association
2 The roe is not located in a view area from public property (parks, major thoroughfares, bike ways, walkways, equestrian trails) which have been identified in the city's Genera
Coastal S cific Plan or city a roved viewing areas.
Plan' �3� The proposed structure is not located on a ridge or a promontory.
4 The structure is designed and situated in such a manner as to prevent destruction or impairment of an indentified view. On lots sloping uphill from the street level where the heigh
of a structure is in excess of,16 feet above the finished local grade, areas in excess of said height shall be set back an additional foot of distance for every foot of height in excess
of 16 feet.
(5) The proposed structure when considered exclusive of existing foliage does not obscure more than five percent (5 %) of either the near view nor the far view as viewed from principa
viewing area of the view lot. If a scenic landmark, including but not limited to the Vincent Thomas Bridge or Catalina Island, is obstructed by the portion of the addition over sixteen
(16) feet, then a heigh
variation is not permitted even if the total view obstruction is less than 5 %. The 5% shall be determined on an area basis as measured from photographs taken from the viewing area using
an 85mm lens
6 The proposal meets all zoning and subdivision code requirements.
7 The proposal is compatible with the immediate neighborhood character.
i8 Written notice of the Planning Director's decision shall be sent to all parties who responded to the original notice. 1
9� In the event the Planning Director grants the Height Variation permit and objections are received from persons other than the applicant, the decision of the Planning Director mai
be appealed to the Planning The appellant shall pay an appeal fee as established by the City Council.
p� 10 The City shall require that a temporary frame of the proposed structure be constructed, at the applicant's expense, on the site as a visual aid.
- (11) Should City determine that view impairment may result from the proposed structure, or should objections be received from five percent (5 %) of those persons notified, the reques
shall be referred to the Planning Commission for public hearing. A portion of the filing fee will be applied to this hearing. The Planning Commission shall grant the application and
cause a permit to be issue
only if it finds that all of the requirements of section C1) (e) have been met.
(12) Notice of the public hearing s all be mailed ten (10) days prior to the hearing to property owners within 500 feet of the structure in question as well as any additional property
owner
previously determined by the City to be affected by the proposal.
(13) The decision of the Planning Commission may be appealed to the City Council. In order to grant a permit, the City Council must determine that all of the requirements listed in C(1
(e) have been met.
2. Preservation of views where foliage is a factor. '
(a) Any resident owning a view lot may file a view restoration application form with the city of Rancho Palos Verdes, for review and site inspection. Proof of early neighbor consultation
with th�
property owner whose foliage is in question is required to be filed with the application for view restoration. A fee shall be charged for such review as may be established by resolution
of the City Council
(b) After site inspection, should the City determine that a view restoration is required, the City will prepare a view restoration notice and notify the property owner whose foliage
is creating a vies
and recite the options available to the roe owner as defined below in paragraph . �e).
. preservation violation per this Initiative p . p ,P �Y
(c) After site inspection, should the City determine that a view restoration is not indicated, the applicant will be nob ed of the findings, however, the filing fee will not be refunded.
(d) In order for a view restoration notice to be issued, the Planning Director must find as follows:
1 The applicant has complied with the early neighbor consultation provision and has shown proof of cooperation on his/her part to resolve conflicts.
five percent 5% of the view from the a licant's viewing area. If a scenic landmark, such as the Vincent Thomas Bridge or Catalina Islam
12) The natural growth of foliage exceeds fi p (. ) pp,
is obstructed by any portion of the foliage over sixteen (16) feet, then that foliage must be removed even if the percent of total obstruction is less than 5 %. The 5% shall be determined
on an area basis
measured from photographs taken from the viewing area using an 85mm lens.
(3) That foliage has been allowed to grow to a height exceeding sixteen (16) feet from the ground level at the location of the foliage in question.
'o notice is required, the Director shall send a notice to the rope owner to trim, cull or otherwise cause the foliage to conform to d-
(e)
.Should the Planning Director find that a view restoration ,q , (30) days to have the foliage thirty (30) day
allowable limits as determined by the staff site inspection and to maintain these limits of foliage growth. The property owner will have irrttyy ge removed. If after thi
o trim or remove the identified folia a at the owner's expense.
the foliage has not been removed, the city of Rancho Palos Verdes will authorize a bonded tree service t 9
i (f) The Planning Director's decision may be appealed to the Planning Commission. The appellant shall ppy an appeal fee as may be established by resolution of the City Council. The
decisior
appellant shall a an
appeal fee as may be established by resolution of the City Council.
of the Planning Commission may be appealed to the City Council. In such event, ppe. pay p .
owned or controlled properties such as roadway medians shall also be subject to view restoration control as per the provisions o this Initiative. However, the Initiativ
(g) Trees or foliage on City p pe Y
shall not be construed to ESE y to property owned or controlled by any public entity other than the City.
D. SEVERABILITY CL
If any provision of this initiative is held invalid by a court of competent jurisdiction, the remainder of the initiative shall not be held invalid and shall not be affected thereby.
E. EFFECTIVE DATE
This initiative shall take effect thirty (30) days after the date of passage. At the time the legal requirements have been met for passage of this Initiative, the City Clerk shall change
the word Initiati%
to be published in accordance with the provisions of law.
in this document to the word ordinance and cause a Dopy of this then ordinance p P
THIS COLUMN FOR
A I I 01f%-KIcQ0 nc -rule oIC-r-rrinKI RAI IQT RG R9=C-.1QT1=RFn IN THE r_ITY OF RONCHC) PALOS VFRDFS 1OFFICIAL USE ONLY
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EXHIBIT - " -A'= _ _ —2— RESOL. NO. 89 -81
DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained.)
I am registered to vote in the City of Rancho Palos Verdes. I circulated this petition and saw each of the appended signatures on this petition
been signed. Each signature of Phis petition is, to the best of my Information and belled, the genuine signature of the person whose name it
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purports to be. All signatures on this document were obtained between and . I certify (or declare)
month, day year =nt , day, year
under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at CA on 1987. Date Signature o Circulator � Y
Print ame -Residence Address city zip
Return Petition to: Rancho Palos Verdes Council of Homeowners Associations, 2834 Calle Aventura, Rancho Palos Verdes, CA 90274
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
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YOUR SIGNATURE AS REGISTERED TO VOTE RESIDENCE ADDRESS
PRINT YOUR NAME CITY ZIP
EXHIBIT - " -A'= _ _ —2— RESOL. NO. 89 -81
DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained.)
I am registered to vote in the City of Rancho Palos Verdes. I circulated this petition and saw each of the appended signatures on this petition
been signed. Each signature of Phis petition is, to the best of my Information and belled, the genuine signature of the person whose name it
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purports to be. All signatures on this document were obtained between and . I certify (or declare)
month, day year =nt , day, year
under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed at CA on 1987. Date Signature o Circulator � Y
Print ame -Residence Address city zip
Return Petition to: Rancho Palos Verdes Council of Homeowners Associations, 2834 Calle Aventura, Rancho Palos Verdes, CA 90274
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RANCHO PALOS VERDES
COUNCIL OF HOMEOWNERS ASSOCIATIONS AND CITY COUNCIL
COOPERATIVE VIEW PRESERVATION AND RESTORATION ORDINANCE
The People of the City of Rancho Palos Verdes Do Ordain as
Follows:
SECTION 1, PURPOSES
The hillsides of the City constitute a limited natural
resource in their scenic value to all residents of and visitors
to the City. The hillsides provide potential vista points and
view lots. The City's General Plan recognizes these natural
resources and calls for their protection. The public health,
safety and welfare of the City require prevention of needless
destruction and impairment of these limited vista points and view
lots. The purpose of this Ordinance is to promote the health,
safety and general welfare of the public by accomplishing the
purposes set forth below, and this Ordinance shall be
administered in accordance with such purposes. Where this
Ordinance is in conflict with other City ordinances, the
stricter shall apply.
Specifically, this Ordinance:
11 Protects, enhances and perpetuates views available
to property owners and visitors because of the unique
topographical features of the Palos Verdes Peninsula. These
views provide unique and irreplaceable assets to the City and its
neighboring communities and provide for this and future
generations examples of the unique physical surroundings which
are characteristic of the City.
2. Defines and protects finite visual resources by
establishing limits which construction and plant growth can
attain before encroaching onto a view.
3. Insures that the development of each parcel of
land or additions to residences or structures occur in a manner
which is harmonious and maintains neighborhood compatibility and
the character of contiguous sub - community development as defined
in the General Plan.
4. Requires the pruning of dense foliage or tree
growth which alone, or in conjunction with construction, exceeds
defined limits.
EXHIBIT "B" RESOL . 89-81
SECTION 2, Section 17.02.040 of Chapter 17.02 of Title 17 of
the Rancho Palos Verdes City Code is amended to read:
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:
10 Building Setback Line. "Building
setback line" shall mean the minimum distance as prescribed by
City code between any property line, or private easement boundary
used for vehicular and /or pedestrian access, and the closest
point on any building or structure above ground level on the
property.
2. City. "City" shall mean the City of
Rancho Palos Verdes and its employees and staff and those
designated by the City Council to act for and on behalf of the
City.
3. _y Council. "City Council" shall mean
the City Council of the City of Rancho Palos Verdes.
4. Coverage of Lot. "Coverage of lot"
shall mean that portion of a lot or building site which is
occupied by any building or structure.
5. Director. "Director" shall mean the
Director of Environmental Services.
6. Foliage. "Foliage" shall mean natural
growth of trees, shrubs and other plant life.
7. Intent and Purpose. The residents of
the City of Rancho Palos Verdes by the c ' this Section,
have made a finding that the peace, ;f.. h, safe L y and welfare of
the community will be served by the adoption of this Section and
by the regulations prescribed herein. .
8. Neighborhood Character. "Neighborhood
character" shall mean the existing characteristics in terms of
the following:
(a) Scale of surrounding residences.
(b) Architectural styles and materialsO
(c) Front yard setbacks.
-2- EXHIBIT "B" RESOL. 89-81
91 Planning Commission. "Planning
Commission" shall mean the Planning Commission of the City of
Rancho Palos Verdes.
10. Privacy. "Privacy" shall mean
reasonable protection from intrusive visual observation.
11. Scale. "Scale" shall mean the square
footage and lot coverage of a residence and ancillary structures.
12. Shall and May. "Shall" is mandatory;
and "May" is permissive.
13. Structure. "Structure" shall mean
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.
14. St le. "Style" shall mean design
elements which consist of, but are not limited to:
(a) Facade treatments.
(b) Height of structure.
(c) Open space between structures.
(d) Roof design.
(e) The apparent bulk or mass of the
structure.
(f) Number of stories.
15. 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.
A near view 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.
A far view 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, shore line,'or
offshore islands.
-3- EXHIBIT "B" RESOL. 89 -.81
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.
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,,
16. Viewinct Area. "Viewing area" shall be
that area of the structure (excluding bathrooms, hallways,
garages, or closets) or lot (excluding the setback areas) where
the owner and 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 said viewing area. The
determination 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
a subsequent application. In the event the City and the owner
cannot agree on the viewing area, the decision of the City shall
control. A property owner may appeal the determination of
viewing area. In such event the decision on viewing area will be
made by the body making the final decision on the application. A
property owner may reserve his or her right to dispute the
decision on viewing area for a subsequent application without
disputing the decision on a pending application by filing a
statement to that effect indicating the viewing area the property
owner believes to be more appropriate. Said statement shall be
filed with the City prior to consideration of the pending
application by the City.
17. View Restoration Committee. The "View
Restoration Committee" is a committee appointed by the City
Council to consider applications for view restoration permits.
The terms and qualifications of office shall be as established by
the City Council. The Committee shall consist of seven members
and three alternates, representing as diverse a geographical mix
of members and alternates as is practical. The View Restoration
Committee shall draft regulations and policies to guide the
actions of the Committee, which shall be binding after approval
by the City Council. In the event the workload of the View
Restoration Committee declines to an extent deemed by the City
Council to make the continuation of the View Restoration
Committee impractical, the City Council shall disband the View
Restoration Committee and transfer its work to the Planning
Commission.
-4- EXHIBIT "B" RESOL. 89 -81
B. REGULATIONS
1. Building Height. Any individual or persons
desiring to build a structure or an addition to an existing
structure exceeding sixteen feet in height may apply for a Height
Variation Permit, which, if granted pursuant to the procedures
contained herein, will permit said individual to build ,a
structure not exceeding twenty -six feet in height, except as
provided in section B.1.(d), or such lower height as is approved
by the City, measured as follows:
(a) For lots which slope uphill from the
street of access, the height shall be measured from the existing
grade at the highest point on the lot to be covered by the
structure.
(b) For lots sloping downhill from the
street of access, the height shall be measured from the average
elevation of the property line abutting the street of access to
the ridge line or the highest point of the structure.
(c) For lots sloping in the same direction
as the street of access, lots with a building pad at a different
level than the street, or lot configuration not previously
discussed, the height shall be measured from existing grade at
the highest elevation covered by the structure to the ridge line
or highest point of the structure.
(d) For sloping lots, a structure which
steps with the slope of the lot will be allowed; 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 the ground to the ridge line or high 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 sloping
uphill from the street level where the height of a structure is
in excess of 16 feet above the point where the foundation or slab
meets the ground, areas in excess of said height shall be set
back an additional foot from the property line adjacent to the
lowest foundation for every foot of height in excess of 16 feet
above the point where the foundation or slab meets the ground.
3. Foliage Obstruction. No person shall impair
a view from a viewing area of a lot by permitting foliage to grow
to a height exceeding the height determined by the View
Restoration Committee through issuance of a view restoration
permit under section C.2. or, if no permit has been issued, the
lesser of, (a) the ridge line of the primary structure on the
property, or (b) 16 feet. If foliage on the property already
-5- EXHIBIT "B" RESOL. 89 -81
exceeds subsections (a) and (b) on the effective date of this
Section as approved by the voters on November 7, 1989, and
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 owner shall not let the
foliage exceed the height existing on said effective date.
4. Removal of Foliage as Condition of Permit
Issuance. The City shall issue no conditional use permit,
variance, height variation, 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 all foliage on said lot exceeding 16 feet in height, or
the ridge line of the primary structure, whichever is lower, that
impairs a view from the viewing area of another parcel. 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
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. 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,
C. PROCEDURES AND REQUIREMENTS
1. Preservation of views where structures are
involved.
(a) Any person proposing to construct a
structure above 16 feet shall submit a height variation permit
application to the City. The applicant shall take reasonable
steps established by the City Council to consult with owners of
property located within 500 feet. The applicant shall obtain and
submit with the application the signatures of the persons with
whom the applicant consulted. Where a homeowners' association
exists in the neighborhood affected and has provided written
notice to the Director of its desire to be notified of height
variation applications, the applicant shall mail a letter to the
association requesting their 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.
-6- EXHIBIT "B" RESOL. 89 -81
(b) The City shall, by written notice,
notify property owners within a five hundred (500) foot radius
and the affected homeowners' associations, if any, of the
application and inform them that any objections to the proposed
construction must be submitted to the City within thirty (30)
days of the date of the notice.
(c) The applicant shall construct on the
site at the applicant's expense as a visual aid a temporary frame
of the proposed structure.
(d) An application to build to a maximum
height permitted in section B.1, may be granted, with or without
conditions, if the Director finds as follows:
(1) The applicant has complied with the
early neighbor consultation process established by the City.
(2) The structure does not signi-
ficantly impair a view from public property (parks, major
thoroughfares, bike ways, walkways, equestrian trails) which has
been identified in the City's General Plan, Coastal Specific Plan
or City designated viewing areas.
(3) The proposed structure is not
located on a ridge or a promontory.
(4) The structure is designed and
situated in such a manner as to minimize impairment of a view.
(5) 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.
(6) The proposed structure, when
considered exclusive of existing foliage, does not significantly
impair a view from the viewing area of another parcel located in
a portion of a structure which was constructed without a height
variation 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.
(7) The proposed structure complies
with all other code requirements.
(8) The proposed structure is
compatible with the immediate neighborhood character.
-7- EXHIBIT "B" RESOL. 89 -81
(e) Written notice of the Director's
decision shall be sent to all parties who responded to the
original notice.
(f) The decision of the Director may be
appealed to the Planning Commission by the applicant or any
person who responded to the Director prior to Director's
decision. The appellant shall pay an appeal fee as established
by the City Council.
(g) 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 C.1.(d) have been met.
(h) Notice of the public hearing shall be
mailed thirty (30) days prior to the hearing to property owners
within 500 feet of the structure in question as well as any
additional property owners previously determined by the City to
be affected by the proposal.
(i) The 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. In order to grant a permit, the City Council must
determine that all of the requirements listed in section C.1.(d)
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, the property owner whose foliage is in question. The
City shall charge a fee for the view restoration permit as the
City Council shall establish by resolution.
(b). The application
the View Restoration Committee. Written
place for the hearing on the application
thirty (30) days prior to the meeting of
Committee members shall inspect the site
hearing. Only View Restoration Committee
inspection may participate in the public
shall be submitted to
notice of the time and
shall be sent at least
the Committee.
prior to the public
e members who make a sit
hearing.
-8- EXHIBIT "B" RESOL . 89-81.
(c) In order for a view restoration notice
to be issued, the Committee must find:
(1) The applicant has complied with the
early neighbor consultation process and has shown proof of
cooperation on his /her part to resolve conflicts.
(2) Foliage exceeding sixteen feet or
the ridge line of the primary structure, whichever is lower,
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.
(3) 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 property.
(4) The foliage impairing the view did
not exist when the lot from which the view is taken was created.
(5 ) 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.
(6) For property located within the
boundaries of the Miraleste Recreation & Park District, the
Committee shall also find that removal or trimming of the foliage
strikes a reasonable balance between meeting the purposes of
section 17.02.040 set forth in Section 1 of the Ordinance
approved by the voters on November 7, 1989, and preserving the
historical development of the Miraleste Recreation & Park
District area with large numbers of trees.
(d) Should the Committee 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 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) days to have the foliage removed.
The applicant shall be responsible for the expense of the foliage
removal 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) 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.
_9_ EXHIBIT "B" RESOL. 89-$1
(e) To the extent legally permissible, trees
or foliage on property owned by the City or any other
governmental entity, except the Miraleste Recreation & Park
District, shall be subject to view restoration control, as per
the provisions of this section, except the foliage shall be
trimmed or removed thirty ( 3 0 ) days following issuance of the
Notice.
SECTION 3. SEVERABILITY
.If any provision of this Ordinance is held invalid by
a court of competent jurisdiction, the remainder of the
Ordinance shall not be held invalid and shall not be affected
thereby.
SECTION 4, EFFECTIVE DATE
This Ordinance shall take effect ten (10) days after
the vote on this Ordinance at the November 71 1989, election is-
declared by the City Council as provided in Section 4013 of the_
California Elections Code.
SECTION 5, AMENDMENTS
To the extent the City Council finds that changes to
this Ordinance are necessary to effectuate or enhance the
purposes of this Ordinance as stated in Section 1, the City
Council may amend this Ordinance, following the procedures,
including all required public hearings, for amending zoning
ordinances. The City Council is empowered to adopt such
procedures and rules or regulations as are necessary to implement
this Ordinance.
SECTION 6. CONFLICTING ORDINANCES
This Ordinance is inconsistent with and is intended as
an alternative to any initiative ordinance on the subject of
view preservation. If this Ordinance and any other such
ordinance are both passed by a majority voting thereon, then the
one with the most affirmative votes shall prevail.
-10- EXHIBIT "B" RESOD. 89 -'81