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
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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
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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
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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.
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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."'
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