CC RES 1989-113RESOLUTION NO. 89- 113
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES ADOPTING
REGULATIONS TO IMP NT THE RANCHO PALOS
VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS
AND CITY COUNCIL COOPERATIVE VIEW
PRESERVATION AND RESTORATION ORDINANCE
WITH RESPECT TO HEIGHT VARIATION
APPLICATIONS FILED BEFORE THE EFFECTIVE
DATE OF PROPOSITION M
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY RESOLVE AS FOLLOWS:
WHEREAS, on November 7, 1989, the People of the
City of Rancho Palos Verdes approved the "Rancho Palos Verdes
Council of Homeowners Associations and City Council
Cooperative View Preservation and Restoration Ordinance"
( "Proposition M'f) with an effective date of November 17,
1989; and,
WHEREAS, Section 5 of Proposition M empowers the
City Council to adopt procedures and rules or regulations
which may be necessary for its implementation; and,
WHEREAS, twenty -nine (29) complete height variation
applications submitted before the effective date of
Proposition M ( "pre- Proposition M applications ") are on file
in the Department of Environmental Services; and,
WHEREAS, twenty -five (25) of the pre - Proposition M
applications are presently under initial review by staff and
have not been heard by any decision making entity; and,
WHEREAS, the four (4) remaining pre- Proposition M
applications are either subject to potential timely appeal,
or actually now pending on appeal, to the Planning
Commission or City Council; and,
WHEREAS, the City Council has determined that it is
necessary to implement Proposition M with respect to all
twenty -nine (29) pre- Proposition M applications in a manner
which assures substantial compliance with each material term
of Proposition M; and,
WHEREAS, the City Council has determined that it is
necessary and desirable to establish processing guidelines
for pre - Proposition M applications as supplemental
regulations necessary for the implementation of Proposition
M; and,
WHEREAS, the City Council has further determined
that processing guidelines for pre- Proposition M applications
are necessary to effectuate and enhance the purposes 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 pre - Proposition M application
processing guidelines as set forth in this Resolution are
both necessary to the implementation of, and 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 3. The following regulations are hereby
adopted as set forth below:
10 All pre - Proposition M applications which are
presently under initial review by staff and have not been
heard by any decision making entity shall be processed
pursuant to each of the terms and sections of Proposition M
in the same manner as new applications;
2. All pre- Proposition M applications which are
either subject to potential timely appeal, or actually now
pending on appeal, to the Planning Commission or City
Council, ( "In- process applications ") shall be processed as
provided below,
3. All In- process applications shall be :dully
subject to Rancho Palos Verdes Municipal Code sectio=ns
17.02.040 A., B., and C.2., as set forth in Proposition M,
which sections set forth provisions regarding the applicable
definitions, regulations, and view restoration where foliage
is a factor, respectively ;
4. With respect to section 17.02.040 C.1..(a)
which sets forth neighborhood consultation provisions, the
City Council will, on a case -by -case basis, determine whether
the applicant has taken reasonable steps to consult with the
owners of all property located within 500 feet. In order to
provide direction for the benefit of applicants, staff and
the Planning Commission, the City Council hereby states that
it will generally determine that reasonable consultation has
taken place when, before or during a public hearing, the
applicant demonstrates that he or she has actually discussed
-2- RESOL. 89 -113
the matter with one or more residents of each immediately
adjacent lot or parcel for which it is contended that
significant view impairment will result from the height
variation. The City Council expressly retains the authority
to impose a different standard for reasonable consultation in
any particular case;
5, With respect to section 17.02.04 0 C . 1. (b )
which sets forth neighborhood notice provisions, all in-
process applications shall provide written notice of the
pending application to property owners and affected
homeowners' associations within a 500 foot radius of the
subject property. Notice of the application or any required
public hearings shall be deemed sufficient. In addition,
actual notice before or during any required public hearing,
whether delivered by mail, in person, by posting, publication
or otherwise, will be sufficient when the applicant
demonstrates, upon the basis of substantial evidence, that
the property owners and affected homeowners' associations
received such notice;
6. With respect to section 17.02. 040 C. 1. (c)
which sets forth temporary frame visual aid provisions, all
In- process applications shall demonstrate that a temporary
pole or frame visual aid ( "visual aid ") which reasonably
depicts the height of the proposed structure was erected
before or during any required public hearing. Photographic
evidence will be preferred. A visual aid may consist of a
suitably marked range pole or poles, or framework
structures, of the correct height which are erected on the
subject property and a photographic analysis which has been
prepared by staff for review during the public hearing. In
the alternative, a visual aid may consist of the use of
suitably marked range poles, supervised by staff, during an
on -site meeting conducted either (a) in the presence of the
interested parties identified by staff as having potentially
significant view impairment as a result of the height
variation or (b) during the public hearing; and,
7. All In- process applications shall be fully
subject to the findings required by section 17.02.040
C.1.(d), and, to the extent applicable, to the notice and
procedure provisions of section 17.02.0 4 0 C . 1. (e ) through
(i) .
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
-3- RESOL. 89 -113
under Proposition M in any manner deemed necessary for the
convenient maintenance of such matters.
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. 0
APPROVED and ADOPTED this 5th day of December, 1989,
Ma or
ATTEST:
City Clerk
S,JATE OF CALIFORNIA
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES
I, JO PURCELL, City Clerk of the City Council of the
City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 89- 113was duly and regularly passed and
adopted by the said City Council at a regular meeting thereof
held on the 5th day of December, 1989. �
CITY CLERK
CIT � OF RANCHO PALOS VERDES
RESOL. 89 -113