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1129RESOLUTION NO. 1129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR SUBMISSION TO THE VOTERS TWO QUESTIONS RELATING TO ALLOWABLE USES FOR STABLES AND AMENDING THE VIEW PRESERVATION ORDINANCE. THE CITY COUNCIL OF THE CITY OF ROLLING -HILLS DOES RESOLVE AS FOLLOWS: WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, March 5, 2013, for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election questions relating to allowable uses for stables and amending the View Preservation Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Rolling Hills, California, on Tuesday, March 5, 2013, a General Municipal Election for the purpose of electing two members of the City Council for the full term of four years. Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters a the General Municipal Election the following questions: MEASURE A Shall an Ordinance be adopted amending the zoning ordinance to YES allow stables constructed prior to July 12, 2010 to be used for residential purposes? NO Shall an Ordinance be adopted amending the current view YES preservation regulations by limiting protection only to views that existed at the time the owner acquired the property, exempting trees that were mature when the property was acquired, and establishing a NO higher burden of proof to show the existence of a protected view? Section 3. That the proposed complete text of the measures submitted to the voters is attached as Exhibit A and B. Section 4. That the ballots to be used at the election shall be in form and content as required by law. Section 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 6. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. Section 7. That pursuant to Elections Code Section 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $100.00 for each Inspector and $80.00 Resolution No. 1129 -1- for each Clerk for the election. In addition, the sum of $25.00 will be given to each precinct board member to attend a training class. Section 8. 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 9. 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 by law. Section 10. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code § 15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. Section 11. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Section 12. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED, APPROVED AND ADOPTED this 22nd day of October, 2012. ATTEST: HEIDI LUCE DEPUTY CITY CLERK 1, i B 9C D. Yl 1 Resolution No. 1129 -2- L 1 The foregoing Resolution No. 1129 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR SUBMISSION TO THE VOTERS TWO QUESTIONS RELATING TO ALLOWABLE USES FOR STABLES AND AMENDING THE VIEW PRESERVATION ORDINANCE. was approved and adopted at a regular meeting of the City Council on the 22"d day of October, 2012 by the following roll call vote: AYES: Councilmembers Heinsheimer, Hill, Lay, Pernell and Mayor Black. NOES: None. ABSENT: None. ABSTAIN: None. (V90 HEIDI LUCE DEPUTY CITY CLERK Resolution No. 1129 -3- EXHIBIT A — TEXT OF MEAUSRE A Proposed Measure to Amend the Rolling Hills Municipal Code 1. Replace 17.18.010 Intent and Purpose with the following language. 17.18.010 Intent and Purpose. The City recognizes that along with one-story ranch -style homes a stable is an important component of the City's rural character. While the City supports a resident's desire to have a stable and horses on their property, the City also recognizes that the significant majority of residents who do not use their stables for horses or other farm animals also legitimately desire to use their entire property, including their stables, for legitimate residential purposes. The City further recognizes that residential uses of the interiors of stable structures are entirely compatible with the City's rural character so long as the exterior of the stable continues to maintain the appearance of a stable. The purpose of this chapter is to encourage preservation of the rural character of Rolling Hills by supporting the maintenance of existing stable structures whether they are used for equestrian, agricultural or residential purposes and by encouraging the construction of new stables by permitting various uses of newly constructed stables. 2. Modify 17.18.140 (A) by adding the following language after the existing language. Conflicting provisions of 17.18.060 and 17.18.140 (G) through (I) notwithstanding, any structure that was originally constructed as a stable or barn prior to July 12, 2010 and which has been converted or modified for purposes consistent with other residential uses throughout the City including, but not limited to, recreation rooms, storage rooms, play rooms, offices, exercise rooms, hobby rooms, galleries, collection display rooms, garden rooms, greenhouse space, workshops, or other similar residential uses shall be considered legal non -conforming so long as: 1. The structure can be restored to its originally intended agricultural or animal keeping use(s); 2. The exterior of the structure retains a general stable -like appearance. However, glazed window openings and skylights shall be permitted. Exterior doors must only provide the general appearance of a stable door if readily and clearly visible from streets, easements or neighboring properties; 3. The structure is brought into compliance with building codes and permitting processes as described below in 17.18.140(E); and 4. The structure is not used in such a way as to interfere with the quiet enjoyment of neighboring properties as that term is generally used or as described in 17.18.060(C)(1) for Tack Rooms. The uses described in this Section 17.18.140(A) shall not require a CUP nor shall they require that there be an additional set aside for a stable and corral as called for in 17.18.140 (G) and (H) regardless of the size of the residential uses made of these existing stable structures. 1 Resolution No. 1129 4- 1 EXHIBIT B — TEXT OF MEAUSRE B Chapter 17.26 of the Ordinance of the City of Rolling Hills, "View Preservation", is amended in the following respect only: Section 17.26.90 is added, and reads: "17.26.090 Preservation of Views Defined. Notwithstanding any other provision of Chapter 17.26.0 10 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."' Resolution No. 1129 -5-