CC RES 1999-005 RESOLUTION NO. 99-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES TO LACE AND TRIM FOLIAGE
IN ORDER TO PRESERVE THE VIEW FROM 6
CHAPARRAL LANE.
WHEREAS, on April 15, 1997 Mr. and Mrs. Joseph Oliveri, owner of property
located at 6 Chaparral Lane (herein "the applicant"), in the City of Rancho Palos Verdes,
filed an application for a View Restoration Permit to restore the view from their property
that he believed was significantly impaired by foliage on property owned by Mr. and Mrs.
Richard Kipper (herein "the foliage owner") located at 5 Chaparral Road, in the City of
Rancho Palos Verdes ("City"); and,
WHEREAS, on October 1, 1997 the applicant withdrew the View Restoration Permit
application and filed a compliant with the City's Code Enforcement Officer alleging that the
foliage owner was in violation of Section 17.02.040 (B)(3) of the RPV Municipal Code. The
applicant alleged that Pine trees on the foliage owner's property had not been maintained
by the foliage owner at the height they were in November 1989 and were, as a result,
creating a significant impairment of the applicant's view; and,
WHEREAS, on November 25, 1997, the City sent the foliage owner a notice of
violation of Section 17.02.040 (B)(3) of the Municipal code seeking compliance within 20
days by trimming five pine trees to the height of the pool deck on the applicant's property;
and,
WHEREAS, on December 12, 1997, implementation and enforcement of Section
17.02.040 of the Municipal Code was temporarily suspended at the direction of the City
Council because the Council was considering revisions to the View Restoration
Commission (VRC) Guidelines; and,
WHEREAS, on February 17, 1998, the City Council adopted revised VRC
Guidelines for the implementation and enforcement of Section 17.02.040 of the Municipal
Code; and,
WHEREAS, pursuant to the revised VRC Guidelines, the Director of Planning,
Building and Code Enforcement (herein "Director") rendered a Preliminary Decision on
April 23, 1998 that 5 Canary Island Pine trees on the foliage owner's property create a
significant view impairment of the applicant's view and must be trimmed to the level of the
applicant's pool deck; and,
WHEREAS, on June 19, 1998 at the foliage owner's request, the applicant, foliage
owner, City Staff, and View Restoration Commissioner Kelly McBride attended a meeting
to discuss to City's preliminary determination; and,
WHEREAS, on August 5, 1998, the Director issued a Notice of Final Decision that
6 Canary Island Pine trees create a significant view impairment and that within 90 days of
September 23, 1998 Canary Island Pine tree No. 1 was to be laced to window a view
through the tree and that Canary Island Pine trees Nos. 2 through 6 trees were to be
trimmed to a level not to exceed thirty-three feet (33') above the level of the pavement on
the roadway fronting 5 Chaparral Lane (as indicated on the attached site plan); and,
WHEREAS, on August 18, 1998, the foliage owner filed an appeal of the Director's
decision; and,
WHEREAS, notice of the View Restoration Commission ("Commission") hearing to
consider the appeal was mailed to the applicant, and foliage owner on August 27, 1998,
at least 30 days in advance of the hearing; and,
WHEREAS, on October 1, 1998, after all voting members of the View Restoration
Commission had visited the site, the Commission held a duly noticed public hearing to
consider the request, at which time, all interested parties were given an opportunity to be
heard and present evidence; and,
WHEREAS, on October 1, 1998, the Commission ordered that within 90 days of
October 2, 1998 that Canary Island Pine trees Nos. 1 through 6 were to be trimmed to a
level not to exceed thirty-three feet (33') above the level of the pavement of the roadway
fronting 5 Chaparral Lane; and,
WHEREAS, on October 14, 1998, the foliage owner filed an appeal of the View
Restoration Commission's decision; and,
WHEREAS, after notice of public hearing issued pursuant to the requirements of the
Municipal Code, the City Council held a public hearing on January 19, 1999 at which time
all interested parties were given an opportunity to be heard and present evidence on the
notice of appeal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section Ii The applicant at 6 Chaparral Lane has a view, as defined by Section
17.02.040 of the City's Development Code, of the Santa Monica Bay, the Los Angeles basin,
and downtown Los Angeles.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's
is y Y
Development Code, is shared from the pool deck, living room, and family room.
Section 3; The applicants view was not significantly impaired by foliage on the foliage
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owner's property at the time the View Restoration and Preservation Ordinance became
effective (November 17, 1989) but is now significantly impaired by six Canary Island Pine
trees located along the west lot line of the property located at 5 Chaparral Lane.
Section 4: The time within which the judicial review of the decision reflected in this
Resolution, if available, must be sought is governed by Section 1094.6 of the California Code
of Civil Procedure.
Section 5. Based on the foregoing information, and on the information and findings
included in the Staff report and evidence presented at the public hearing, the City Council
hereby affirms the decision of the View Restoration Commission approving View Preservation
Petition No. 2, and orders that within 90 days of January 20, 1999, Canary Island Pine trees
Nos. 1 through 2 are to be laced and that Canary Island Pine trees Nos. 3 through 6 are to
be trimmed to a level not to exceed thirty-three feet (33') above the level of the pavement on
the roadway fronting 5 Chaparral Lane (as indicated on the Site Plan attached hereto as
Exhibit "A").
PASSED, APPROVED, AND ADOPTED on the 19th day of January, 1999.
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CI CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 99-05 was duly and regularly passed and adopted by the said City Council at
a regular meeting held on January 19, 1999.
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CITY CLERK
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Exhibit A
Site Plan
Resolution No. 99-05