CC RES 2019-068 °RESOLUTION NO. 2019-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES DENYING THE APPEAL OF
THE CITY'S NOTICE AND ORDER TO ABATE A PUBLIC
NUISANCE AND ORDERING THE ABATEMENT OF THE
PUBLIC NUISANCE EXISTING AT THE PROPERTY
LOCATED AT 26708 INDIAN PEAK ROAD.
WHEREAS, Indian Peak Properties, LLC ("Indian Peak") was authorized to use a
roof-mounted commercial antenna structure consisting of a maximum of five (5) vertical
antenna masts, each which was not to exceed eight and one-half(8 ' ) feet in height, and
each with up to four (4) radiating elements affixed thereon, under Conditional Use Permit
No. 230 ("CUP No. 230") as adopted by Resolution No. 2002-27, and amended by
Resolution Nos. 2004-109 and 2005-75;
WHEREAS, CUP No. 230 required approval by the City Council for any
enlargement, expansion or addition to the antenna structure as approved under the terms
of CUP No. 230;
WHEREAS, Indian Peak violated the conditions of approval for CUP No. 230 by
its use of at least eleven (11) roof-mounted vertical antenna masts without obtaining any
prior approval from the City;
WHEREAS, the City issued Notices of Violation on August 15, 2015, October 14,
2014, and October 28, 2014 regarding Indian Peak's violation of the terms of CUP No.
230;
WHEREAS, the City required that Indian Peak either removal all of the unpermitted
antenna from the roof, and ensure that the remaining antennas meet the requirements as
described in CUP No. 230, or submit an application to the City to request a revision to
CUP No. 230 to allow the existing unpermitted antennas to remain;
WHEREAS, on October 28, 2016, Indian Peak submitted an application for
Revision of the Existing CUP No. 230 to the City for an after-the-fact approval of the
unpermitted roof-mounted vertical antenna masts;
WHEREAS, on November 23, 2016, the City determined that Indian Peak's
application for Revision of the Existing CUP No. 230 was incomplete, and sent a letter to
Indian Peak requesting additional required information for the processing of the
application;
WHEREAS, Indian Peak has not submitted any additional information for its
application for Revision of the Existing CUP No. 230;
01203 0035/620919 1 Resolution No. 2019-68
Page 1 of 4
WHEREAS, Indian Peak continues to use at least eleven (11) roof-mounted
vertical antenna on the property, well over the five (5) City Council-approved under CUP
No. 230;
WHEREAS, in accordance with RPVMC § 17.60.080, if any of the conditions of a
conditional use permit are violated, the conditional use permit shall be null and void, and
any continued use in violation of the conditional use permit shall constitute a violation of
the RPVMC, and thus a public nuisance pursuant to RPVMC § 1.08.010(D);
WHEREAS, on August 21, 2018, the City Council held a duly noticed public
hearing in which City Council unanimously voted to revoke CUP No. 230 for ongoing
violation of the terms of CUP No. 230 and the RPVMC;
WHEREAS, on August 29, 2018, the City Attorney's Officer sent Indian Peak a
Cease and Desist letter demanding that all commercial antenna-related operations cease
and that all roof-mounted commercial antennae and antenna structures, be removed from
the property;
WHEREAS, on November 5, 2018, the City filed a complaint against Indian Peak
in the Los Angeles Superior Court, Case No. 18STCV03781, alleging the existence of a
public nuisance and seeking abatement of the public nuisance (Nuisance Case);
WHEREAS, on November 19, 2018, Indian Peak filed a separate lawsuit against
the City the Los Angeles Superior Court, Case No. 18STCP02913, seeking damages and
a writ of mandamus to overturn the City Council's revocation of CUP No. 230 as an abuse
of discretion, a violation of Indian Peak due process rights, a taking of Indian Peaks
property rights, and an illegal interference in Indian Peaks existing and potential business
contracts (Writ Case);
WHEREAS, on May 23, 2019 the City issued a Stop Work Order and an
Administrative Citation to Indian Peak for work being performed on the unpermitted roof-
mounted antenna structure;
WHEREAS, on May 24, 2019, the City issued a second Administrative Citation to
Indian Peak for continuing to perform work on the unpermitted roof-mounted antenna
structure;
WHEREAS, on August 9, 2019, the Court in the Writ Case denied Indian Peaks
abuse of discretion and due process claims, and on October 11, 2019, Indian Peak
dismissed its takings and contract claims against the City, with the final judgment of the
Court entered on December 12, 2019;
WHEREAS, on November 20, 2019, the Court in the Nuisance Case granted
summary judgment in favor of the City, finding that a public nuisance exists on the
01203 0035/620919 1 Resolution No. 2019-68
Page 2 of 4
Property as a result of Indian Peaks actions, with the final judgment of the Court entered
on December 5, 2019;
WHEREAS, in accordance with RPVMC§ 8.24.080, when the City has determined
that an unlawful condition constituting a public nuisance exists on a property, the City may
take action to abate such public nuisance;
WHEREAS, on November 27, 2019, the City sent a Notice and Order to Abate a
Public Nuisance to Indian Peak demanding the removal of all roof-mounted commercial
antenna from the Property, and posted the Notice and Order on the property;
WHEREAS, on December 6, 2019, Indian Peak sent a Notice of Appeal
challenging the City's Notice and Order to Abate a Public Nuisance, and requesting that
the City Council stay the abatement demanded by the Notice and Order; and
WHEREAS, pursuant to RPVMC § 8.24.080(D), the City Council held an
administrative hearing on Indian Peaks Notice of Appeal, at which time all interested
parties were given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: Having heard and considered the appeal and evidence presented at
the December 17, 2019 City Council meeting, the City Council makes the following
findings:
A. The property located at 26708 Indian Peak Road, Rancho Palos Verdes,
California, ("Subject Property") was the subject of Conditional Use Permit No. 230 (CUP
No. 230), as granted by the City Council in Resolution No. 2002-27, and amended by
Resolution Nos. 2004-109 and 2005-75.
B. The City Council's revocation of CUP No. 230 in the duly-noticed public
hearing on August 21, 2018 for violation of the conditions of approval for CUP No. 230
was valid, as confirmed by the Court in its August 9, 2019 ruling in Los Angeles Superior
Court Case No. 18STCP02913;
a
C. The continued use of the roof-mounted commercial antenna structure by
Indian Peak after the valid revocation of CUP No. 230 constitutes a violation of the City's
Municipal Code, and as such, a public nuisance, as confirmed by the Court in its
November 20, 2019 order in Los Angeles Superior Court Case No. 18STCV03781;
D. The City's Notice and Order to Abate a Public Nuisance was properly
delivered to Indian peak, and Indian Peak's Notice of Appeal of the Notice and Order was
properly and timely filed with the City Clerk.
01203 0035/620919 1 Resolution No. 2019-68
Page 3 of 4
Section 2: Based on the information included in the Staff report and the appeal
of the Notice and Order to Abate a Public Nuisance, the City Council of the City of Rancho
Palos Verdes hereby denies the appeal of the Notice and Order to Abate a Public
Nuisance, and orders Staff to proceed with abatement of the public nuisance existing on
the Subject Property in accordance with the Notice and Order to Abate a Public Nuisance
as given.
PASSED, APPROVED and ADOPTED this 17th day of December 2019.
John ruikshank, Mayor
A est:
41161.
ifgriegk
re4Pranorn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2019-68 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on Decem e-r 17, 2019.
111
iingb
Tan.
Atft;6 +orn, City Clerk
01203 0035/620919 1 Resolution No 2019-68
Page 4 of 4