VRC RES 1995-002 V.R.C. RESOLUTION NO. 95-02
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
AMENDMENTS TO SECTION 17. 02 . 040 OF THE
MUNICIPAL CODE
WHEREAS, in December 1991, after extensive formal and public
review of comprehensive revisions to the City's Development Code
(Titles 16 and 17) , the City Council adopted all of the non-Title
17 revisions, and conceptually approved the proposed Title 17
revisions, with the exception of six specific unresolved sections;
and,
WHEREAS, due to the City Council's desire to establish
residential design review standards as part of Title 17, the
adoption of revised Title 17 was tabled until such standards/
procedures could be examined and proffered by a City Council/
Planning Commission Subcommittee. However, due to unresolved
issues with respect to the appropriate level of residential design
control, the Subcommittee was disbanded in December 1992 and final
adoption of revised Title 17, including the sections already
conceptually approved, was postponed indefinitely; and,
WHEREAS, in January 1994, the City Council directed Staff to
re-initiate the Development Code Revision proceedings; and,
WHEREAS, pursuant to Municipal Code Section 2 .21. 020 (C) , the
View Restoration Commission shall make recommendations to the City
Council regarding amendments to Section 17. 02 . 040 (C) (2) or other
Section of Title 17 which address the preservation or restoration
of views where foliage is a factor and which are necessary to
effectuate and enhance the purposes of Section 17 . 02 . 040; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Municipal Code, the View Restoration Commission
conducted a public hearing on November 17, 1994, December 1, 1994,
April 20, 1995 and May 4, 1995, at which time all interested
parties were given an opportunity to be heard and present evidence
regarding said amendments as set forth in the View Restoration
Commission Staff Reports of those dates.
NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The View Restoration Commission has reviewed and
considered the proposed language for 17. 02 . 040, View Preservation
and Restoration, of the Municipal Code.
Section 2 : The amendments to Section 17. 02 . 040 are consistent
with California Government Code Section 65853, zoning amendment
procedures.
411 114
Section 3 : The amendments to Section 17. 02 . 040 are consistent
with the Rancho Palos Verdes General Plan in that they uphold, and
do not hinder, the goals and policies of that plan, in particular
to develop controls to preserve existing significant visual aspects
from future disruption or degradation and to preserve and enhance
existing positive visual elements, while restoring those which are
lacking in their present visual quality.
Section 4 : The provisions of Section 17 . 02 . 040, insofar as
they 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, should
be construed as a restatement and continuation of those previous
provisions and not as new enactments.
Section 5: The amendments to Section 17. 02. 040 further the
purposes of Proposition M by merely clarifying and recodifying the
ordinance, without changing the intent and purpose of the
proposition.
Section 6: The amendments to Section 17. 02. 040 are necessary
to preserve the public health, safety and welfare in the City.
Section 7: For the foregoing reasons and based on the
information and findings included in the Staff Reports and records
of the proceedings, the View Restoration Commission hereby
recommends to the City Council approval of the amendments to
Section 17 . 02 . 040, View Preservation and Restoration, of the Rancho
Palos Verdes Municipal Code, attached hereto as Exhibit "A" .
PASSED, APPROVED and ADOPTED this 4t day of 995.
41111" —4:7—‘) —24
Jo, Cartwright
Ch. irman
• / 111,
Bret : . :ern.rd, AI CP
Dire to of 'lanning, Building,
and Code Enforcement; and,
Secretary to the View Restoration
Commission
(cpix:vrc.res)
V.R.C. Resolution No. 95-02
Page 2 of 2
• 411 1ii
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 con-
text, the words used in the present tense include the future; words
In-the-singul-ar—ftumbcr include the plural; and
number include the singular. In carrying out thc intent of thin
action, words, phrases and terms shall be deemed to have the
following meanings ascribed to them:
1. "Building setback line" means the minimum
private casement boundary used for vehicular and/or -pedestrian
acccsn, and the closest point on any building or structure above
ground level on the property.
2 . "City" means the city of Rancho Palos Vcrdca
and its employees and staff an. - = - = - - . : - . - = = •
council to act on behalf of the city.
3. "City Council" means the city council of the
city of Rancho Palo o Verdes.
4- - "Coverage of lot" mean:: that portion of a lot
or building site which in occupied by any building or otructurc.
5. "Director" means the director of environmental
cervices.
6. "Foliage" mc\ans natural growth of trees, shruba
and other plant life.
7. Intent and Purpo3c. The residents of the city
of Rancho Floc Verdes by the adoption of this nection, have made
= - . - , health, safety and welfare of the
community will be served by the adoption of this section and by the
regulations prescribed herein.
characteristics in terms of the following:
. a. Scale of surrounding residences;
b. Architectural styles and materials; and
c. Front yard setbacks.
'91/ '92 Revisions: proposed new text & text proposed to be deleted
'94/ '95 Revisions: proposed new text & #0.C.14.0040§41.g.04#11400#§4
( '94/ '95 Revisions supersede '91/'92 Reiii6TOW
Exhibit "A"
Page 1 of 11
111
9. "Planning . Commission" means the planning
commission of the city of Rancho 1\olo3 Vcrdcs.
10. "Privacy" means rc�a3onablc protection from
intrusive visual observation.
11. "Coale" means the square footage and lot
12 . Shall and May. "Shall" is mandatory and "may"
is permi3sivc.
13 . "structure" means anything con3tructcd or
built, any edifice of any kind, or any piece of work artificially
built up or compo3cd of parts joincd togcthcr in some dcfinitc
manner, which i3 looted on or on top of the ground on a parcel of
land utilized for residential purposes, excluding antennas,
Skylights, solar pancl3, and similar 3tructurc3 not involving the
construction of habitable area.
14. "Style" means design elements which consist of,
but are not limited to:
a. Facade treatment;
b. Height of structure;
- - - - - - - - - -
d. Roof design;
c. The apparent bulk or shape of the
Structure; and
f. The number of stories. •
15. View. On the Palos Vcrdc3 Peninsula, it is
naturc of many of the hills on the peninsula.
A "near vicw" i3 defined a3 a scene located on
the Peninsula including, but not limited to, a valley, ravine,
A "far view" is defined as a scene locatcd off
the Penin3ula including, but not limited to, the occan, Los Angeles
basin, city lights at night, harbor, Vincent Thomas Bridge,
shoreline, or offshore islands.
'91/'92 Revisions: proposed new text & sex propose t_ be
'94/ '95 s ions. proposed new text & #§01.0.00.04110114•401§#§
( '94/ '95 Revisions supersede '91/ '92 Revlslons)
Exhibit "A"
Page 2 of 11
•
city code, distant mountain arca not normally visible, nor the sky,
either bo -e a i 3 ant mountain_ arcs or abovc the • ht o f offs ^r^
islands.
degrees of horizontal arc) and shall be con3idcrcd a3 a 3inglc
even i f broken into 3cgmcnt3 by foliage, structures or other
intcrfercncc.
16. "Viewing arca" chall be that area of the
otructurc (excluding bathrooms, hallways, garages, or closets) or
mine the best and most important view exists. The finished floor
to said viewing arca. -
- - - - - = be protected
of thc city shall contro . - - - - • - - - - - - - -
determination of viewing area. In such event, the decision on
- - • • - = final decision-en
the application. A property ow - -
disputc the decision on viewing arca for a subsequent application
without disputing the decision on pending application by filing a
filcd with thc city prior to convideration of the pending
application by the city.
• 17. The "view rc3toration committcc" is a committee
appointed by thc city council to consider applications for view
restoration permits. The terms and qualifications of off icc shall
be established by the city council. The committcc °hall cons4st of
geographical mix of mcmbcr3 and alternates as i3 practical. The
view restoration committee ohall draft regulations and policies to
guide the actions of the committcc, which s1a l'- be bi„a i n; f-t—r
approval by thc city council. In the event the workload of the
view restoration committcc dcc l inc3 to an amount-deemed-by-the-city
impractical, the city council shall disband the vicw restoration
committee and transfer its work to thc planning commission.
'91/ '92 Revisions: _proposed new text & tcxt proposed to be deleted
'94/ '95 Rev 1 s ions. proposed new text &
( '94/ '95 Revisions supersede '91/'92 Revisions)
Exhibit "A"
Page 3 of 11
111
A. Definitions. When not inconsistent with the con-
text, 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
action, words, phrases and terms shall be deemed to have the
following meanings ascribed to them:
1. "Building setback line" means 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" 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.
3 . "City Council" means the city council of the
city of Rancho Palos Verdes.
4. "Livable area" means that area of a structure
which is used for living, sleeping, eating or cooking purposes.
Garages, closets, halls, and storage/utility spaces shall not be
considered livable area.
5. "Lot coverage means that portion of a lot or
building site which is occupied by any building or structure;
trellises and decks over thirty inches in height, as measured from
existing adjacent grade; parking areas; or driveway, except for
turf block driveway area, which shall receive a fifty percent open
space credit.
6. "Director" means the director of the planning,
building and code enforcement department of the city of Rancho
Palos Verdes.
7 . "Foliage" means natural growth of trees, shrubs
and other plant life.
8. "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.
9. "Planning Commission" means the planning
commission of the city of Rancho Palos Verdes.
'91/'92 Revisions: proposed new text & tcxt propo3cd to be deleted
new text & goggiogoogigoliggip.oggoixigo:
9 4 9 5 Revisions: proposed is:...........
( '94/ '95 Revisions supersede '91/ '92 Revisions)
Exhibit "A"
Page 4 of 11
10. "Privacy" means reasonable protection from
intrusive visual observation.
11. "Scale" means 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" means anything constructed or
built an edifice of an kind or an •iece of work artificiall
built up or composed of parts joined together in some definite
manner which is located on under or on to. of the •round on a
parcel of land.
14. "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 shape of the
structure; and
f. The 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. Therefore, a view
which is •rotected •ursuant to section 17. 02 . 040 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 e•uestrian 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 An•eles basin cit li•hts at ni•ht harbor Vincent Thomas
Bride shoreline offshore islands or distant mountain areas.
Off-shore islands mean the various channel islands located off the
southern california coast, which include San Clemente Island, Santa
Catalina Island, Santa Barbara Island, San Miguel Island, Anacapa
Island, or Santa Cruz Island. Distant mountain areas mean the
various mountain ranges located northwest to southeast of the city
'91/ '92 Revisions: proposed new text & tcxt propo3cd to be—deleted
s. proposed new text & #00.104#404:411#41W44#04
9 4/ 9 5 Revl s ion � p
( '94/ '9 5 Revisions supersede '91/'92 ReVS ions:)...............
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Exhibit "A"
Page 5 of 11
411 II/
of Rancho Palos Verdes, which include the Santa Monica Mountains,
Santa Susana Mountains, San Gabriel Mountains, San Bernardino
Mountains, San Jacinto Mountains, or Santa Ana Mountains.
A "View" which is protected by this section shall not include
vacant land that is developable under the city code, nor the sky,
either above distant mountain areas or above the height of offshore
islands. 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.
16. "Viewing area" mean the livable area(s) of a
structure or buildable area(s) of a lot (excluding the setback
areas) where the best and most important view(s) exist. For lots
with structures, viewing area(s) may include more than one room
within the structure and adjacent outdoor locations. The finished
floor elevation of any viewing area(s) must be at or above existing
grade adjacent to the exterior wall of the part of the building
nearest to said viewing area(s) .
17. The "view restoration commission" means a
planning commission for limited purpose, as defined by Chapter 2.21
of this Code, appointed by the city council to consider
applications for view restoration permits where foliage is a
factor. 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 bindin. after
a. .roval b the cit council. In the event the workload of the
view restoration commission declines to an amount deemed by the
cit 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. When the term
" •lannin• commission" is referred to in this code it shall mean
the •lannin• commission of the Cit of Rancho Palos Verdes as
defined in Chapter 2 .20 and shall not mean the "view restoration
commission" as defined in this section.
[Sections 17.02.040 (BM) - (2) have been removed from this text
since they are under the purview of the Planning Commission. ]
3 . Foliage Obstruction. No person shall
significantly impair A views from a viewing area of a lot_
'91/'92 Revisions: proposed new text &
text &
94 95 Rev ls Ions•. proposed new .�.... ......... _ �_ ::� �_���.... _
_....
( '94/ '95 Revisions supersede '91/'92 Revisions:).:..............
Exhibit "A"
Page 6 of 11
110
a. By permitting foliage to grow to a height
exceeding the height determined by the View Restoration Commission
ig04#41000 through issuance of a View Restoration Permit under
subs.ect :on B(2) of this section; or,
b. If no View Restoration Permit has been
issued by the View Restoration Commission, the lesser of: (i) the
ridge line of the primary structure on the property, or (ii)
sixteen (16) feet.
If foliage on the property already exceeds subdivisions (i) and
(ii) on the effective date of this section as approved by the
voters on November 7, 1989, and significantly impairs Ai views 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 the
effective date. 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 views.
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
a-1-1 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 4 views 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 4 views 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 (8) (2) (c) (vi) 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.
'91/ '92 Revisions: proposed new text &
x be del-!ted d
r94 r95 Revisions. proposed newtext & text::: 1 : . .:OO .. � e.
--- ---
( '94/ '95 Revisions supersede '91/ '92 Revsoris)
Exhibit "A"
Page 7 of 11
IIP
5. Determination of view and viewing area.
a. The determination of view(s) and viewing
area(s) shall be made in the course of processing a project
application. The determination of view(s) and viewing area(s)
shall be made by the_ property owner and city by balancing the
nature of the view or views to be protected and the importance of
the areajj of the structure or lot from where the views # are
taken. In the event the city and property owner cannot agree on
whether a view exits or on the viewing area, the decision of the
city shall control for the purpose of making a decision on a
project application. A property owner may appeal the city's
determination of view and/or viewing area(s) , pursuant to the
appeal process described in this chapter, once the initial decision
is made on a project application. In such event, the final
decision on view or viewing areaj1 will be made by the body making
the final decision on the application. Once finally determined for
a particular application, the City's determination of view and/or
viewing areal may not be changed for any subsequent application.
A property owner may preserve his or her right to dispute the
4•00:00iiiiiiiii!O determination of view and/or viewing areal for a
subsequent-application, without disputing the decision on a pending
application, by filing a statement to that effect indicating the
view the property owner believes to be considered protected or the
viewing areal the property owner believes to be more appropriate.
The statement shall be filed with the city prior to a decision on
40044 0#01.0 pending application by the city.
[Section 17.02.040 (C) (1) has been removed from this text since it
is under the purview of the Planning Commission. ]
2 . Restoration of Views Where Foliage is a Factor.
a. Any resident owning a residential struc-
ture with Wviews 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 .ity
applicant shall pay a fee for the View Restoration Permit as
established by resolution the City Council.
b. The application shall be submitted to the
View Restoration Commission Written notice of the time
and place for the hearing onthe application shall be sent to the
00000. . .applicant and the owner(s) of properties where the foliage
which is the subject....of....the application is locatedoc:::,:ithik$1,0m40
at least thirty days prior to the meeting of the
commission x t Commission Oftiatte# members shall inspect
the applicant's property, and shall—i isit the foliage owner's
property, if requested to do so by the foliage owner, site prior to
'91/ '92 Revisions: proposed new text & tcxt propoacd to be deletcd
94/ 95 Revisions. proposed new text & #00.§00.0044110:401140004
( '9 4/'9 5 Revis ions supersede '91/'92 Revisions:�.................
- —
Exhibit "A"
Page 8 of 11
!IP
the public hearing. Only view restoration commission :00iIttiatitee
members who make a site inspection may participate in the public
hearing.
c. In order for a view restoration notice to
..................................
be issued, the commissionof .... must find:
....................... .......
..................................
..................................
i. The applicant has complied with the
early neighbor consultation process and has shown proof of coopera-
tion on his/her part to resolve conflicts r
ii. Foliage exceeding sixteen (16) feet
or the ridge line of the primary structure, whichever is lower,
significantly impairs # views 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 property line.
iv. The foliage significantly impairing
views did not exist as view impairing foliage when the lot from
which the views are ' 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
Committee shall also find the 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
developments of the Miraleste Recreation & Park District area with
a large number of trees.
a ...... - �' x r ....... ...... s ....... t
..........................................................................................................................................:...........
th C ssion
ouid� tlie ommi
make iridin s re uiriri •issuance of a View Restoration
g q g
Permt,—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) 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
'91/ '92 Revisions: proposed new text & teprop
x o3ed to be d e'_e*'pa
r r
94/ 95 Revisions. proposed new text & ��:::.:. .... ......�•�' ..........•:......... � ....
( '94/ '95 Revisions supersede '91/'92 Revisions•)
Exhibit "A"
Page 9 of 11
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.
e. To the extent legally permissible, trees
or foliage on property owned by any other governmental
g P P Y
entity, except the City and the.. M. raleste 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 (30) 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) , shall be subject to view
restoration control, as per the provisions of this section,
pursuant to the City Tree Review Permit procedure of section
17 .76. 150.
f. The view restoration commission Mittiatite#
may impose such reasonable conditions or restrictionsori "tie
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 commission000000: finds that the trimming,
culling, lacing or reducing of•that-tOl age 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 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 achverse iiipact 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 :any the decision of the View Restoration Commission
ittee to the City Council by filing with the City Clerk a
written notice of appeal, including the grounds for the appeal,
together with the appeal fee established by resolution of the City
Council, within fifteen (15) calendar days after the View
Restoration Commission 04####00 adopts the resolution setting
forth its decision. If-ilia—an appeal is timely and properly
filed, a copy of the findings of the View Restoration Commission
0:0*.atitO# shall be transmitted to the City Council together with
the notice of appeal and any other written materials submitted by
'91/ '92 Revisions: proposed new text & tcxt propo3cd to be deleted
'94/ e
'95 Revisions: proposed new text & .... : 0§411' .....:: 0::::§ .......
( '94/'95 Revisions supersede '91/'92 Revisions).:.........
Exhibit "A"
Page 10 of 11
interested parties. Additional written materials shall be
submitted to the City Clerk at least seven (7) calendar days prior
to the date of the City Council meeting when the appeal will be
heard. Upon receiving the notice of appeal, the City Clerk shall
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 Commissionand dismiss the appeal if, in the
go*AgtO0
opinion of the City Courri 11. • the appeal does not present a
substantial issue regarding the interpretation or application of
the provisions of this section 17. 02. 040 and the findings of the
..................................
View Restoration Commission0.**Ig#00do not warrant further
......
.................................
..................................
hearing; or
ii. Refer the matter back to the View
Restoration Commission COMitte0 to conduct further proceedings,
if, in the opinion of the Counc 1, the Commission ± has not
properly interpreted or applied the provisions of:..:.this::: section
17. 02 . 040 or has made some other error in connection with the case,
or if significant new evidence is presented in conjunction with the
appeal. The City Council shall state the ground(s) for the remand
and shall give instructions to the View Restoration Commission
001*.aittiO# concerning any error found by the City Council in the
Commission's
0#00#0.10 prior determination.
'91/'92 Revisions: proposed new text & text propo.cd to be deleted
:: e1 to
'94/'95 Revisions: proposed new text & ������ �:: ..... ' :...............::�.... .... ....
( '94/ '95 Revisions supersede '91/'92 ReVigIongT-- '-
Exhibit "A"
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