2000 Municipal Code Ordinance 333 Measure B View Preservation Amending Chapter 17.26 03-05-2013 Electiona/Rd&of get4
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310)377-1521
FAX (310) 377-7288
General Municipal Election
Tuesday, March 5, 2013
Official Election Results
CITY COUNCIL
Precinct
Votes
Vote -by-
Mail
Votes
Late Vote-
by -Mail &
Provisional
Total
Votes Cast
Jeff Pieper
183
198
19
400
Tom Heinsheimer
137
155
9
301
Spencer L. Karpf.
137
159
21
317
Bea Dieringer
207
242
35
484
MEASURES
Yes
No
Yes
No
Yes
No
Yes
No
Measure A
168
191
165
239
26
20
359
450
Measure B
164
196
215
190
29
17
408
403
Number of Registered Voters:
1532
Voter Turnout:
53.5%
Total Precinct Ballots Cast:
365
Total Vote -by -Mail Ballots Cast
407
Total Late Vote -by -Mail & Provisional Ballots Cast
47
TOTAL
819
Updated 3/7/13
ORDINANCE NO. 333 (MEASURE B)
Chapter 17.26 of the Ordinance of the City of Rolling Hills, "View Preservation", is amended in the
following respect only:
Section 17.26.090 is added, and reads:
"17.26.090 Preservation of Views Defined, Notwithstanding any other provision of Chapter 17.26.010 to
17.26.080 inclusive, the following provision shall apply and supersede in priority any other provision.
1. A view is defined in Chapter 17.12.220 and only applies to that view existing from the date any
current owner of a property in the City of Rolling actually acquired the property.
2. Chapter 17.26.010 provides that the intent of the Ordinance is to protect views from "maturing"
vegetation. As such, in addition to the limitations otherwise set forth in Chapter 17.26, including but
limited to this Section 17.26.090, any vegetation which is already mature at the time any party
claiming a view impairment actually acquired the property shall be exempt from Chapter 17.26.
"Mature" versus "Maturing" shall be defined by industry standards predominantly accepted by
arborists.
3. The burden of proof to show that any view is impaired shall be upon the party claiming such
impairment, and the standard shall be by "clear and convincing evidence". Evidence shall be
weighted in the following order of priority:
a. Photographs;
b. Expert testimony; and lastly
c. Other evidence.
4. Chapter 17.26.050 E is clarified to add the following two sentences after the first sentence thereof:
Such order is not intended to create an unobstructed view for applicants. Instead it is intended to
create view corridors and a view through trees.
5. "This Section 17.26.090 shall be effective retroactively to the date Chapter 17.26 was first made an
Ordinance to the City of Rolling Hills."
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF MARCH, 2013.
AMES Btf,ACK, MD
MAYOR
ATTEST:
01-6466)
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 333 (Measure B)
March 5, 2013 Election 1
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Measure which appeared on the ballot of the City of Rolling Hills General
Municipal Election held on March 5, 2013 prevailed and was approved and adopted by Resolution No.
1140 which declared the results of said election at an adjourned regular meeting of the City Council on
March 18, 2013 by the following roll call vote:
AYES: Councilmembers Heinshiemer, Hill, Lay, Pernell and Mayor Black.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Mth&ur,)
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 333 (Measure B)
March 5, 2013 Election 2
ORDINANCE NO. 333 (MEASURE B)
Chapter 17.26 of the Ordinance of the City of Rolling Hills, "View Preservation", is amended in the
following respect only:
Section 17.26.090 is added, and reads:
"17.26.090 Preservation of Views Defined, Notwithstanding any other provision of Chapter 17.26.010 to
17.26.080 inclusive, the following provision shall apply and supersede in priority any other provision.
1. A view is defined in Chapter 17.12.220 and only applies to that view existing from the date any
current owner of a property in the City of Rolling actually acquired the property.
2. Chapter 17.26.010 provides that the intent of the Ordinance is to protect views from "maturing"
vegetation. As such, in addition to the limitations otherwise set forth in Chapter 17.26, including but
limited to this Section 17.26.090, any vegetation which is already mature at the time any party
claiming a view impairment actually acquired the property shall be exempt from Chapter 17.26.
"Mature" versus "Maturing" shall be defined by industry standards predominantly accepted by
arborists.
3. The burden of proof to show that any view is impaired shall be upon the party claiming such
impairment, and the standard shall be by "clear and convincing evidence". Evidence shall be
weighted in the following order of priority:
a. Photographs;
b. Expert testimony; and lastly
c. Other evidence.
4. Chapter 17.26.050 E is clarified to add the following two sentences after the first sentence thereof:
Such order is not intended to create an unobstructed view for applicants. Instead it is intended to
create view corridors and a view through trees.
5. "This Section 17.26.090 shall be effective retroactively to the date Chapter 17.26 was first made an
Ordinance to the City of Rolling Hills."
PASSED, APPROVED AND ADOPTED THIS 18'x'' DAY OF MARCH, 2013.
ATTEST:
4-fizi Au)
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 333 (Measure B)
March 5, 2013 Election 1
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS )
) §§
I certify that the foregoing Measure which appeared on the ballot of the City of Rolling Hills General
Municipal Election held on March 5, 2013 prevailed and was approved and adopted by Resolution No.
1140 which declared the results of said election at an adjourned regular meeting of the City Council on
March 18, 2013 by the following roll call vote:
AYES: Councilmembers Heinshiemer, Hill, Lay, Pernell and Mayor Black.
NOES: None.
ABSENT: None.
ABSTAIN: None.
CO/d .(6
HEIDI LUCE
DEPUTY CITY CLERK
Ordinance No. 333 (Measure B)
March 5, 2013 Election 2