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CC RES 1999-017 RESOLUTION NO. 99 - 17 A RESOLUTION OF THE CITY COUNCIL THE CITY OF RANCHO PALOS VERDES ORDERING THE TRIMMING OF FOLIAGE NOT SUBJECT TO VIEW RESTORATION PERMIT NO. 17 IN ORDER TO RESTORE THE VIEW FROM 5715 CAPESWOOD DRIVE. WHEREAS, on February 25, 1998, Mr. Ken Dyda, owner of property located at 5715 Capeswood Drive (herein "the appellant"), in the City of Rancho Palos Verdes, filed an application for a View Preservation Request ("Permit") to restore the view from his property that he believed was significantly impaired by foliage on property owned by Mr. Padam Singh (herein "the foliage owner) located at 5714 Wildbriar Drive, in the City of Rancho Palos Verdes ("City"); and WHEREAS, on February 26, 1998, Staff issued a Preliminary Determination Notice which indicated that the VRP No. 17 permit specified foliage was in compliance with the conditions of approval, and that the foliage not subject to VRP No. 17, did not, at the time that the request was made, create a significant view impairment; and WHEREAS, on March 25, 1998, at the applicant's request, the applicant, foliage owner, City Staff, and View Restoration Commissioner Alan Green attended a meeting to discuss the City's preliminary determination at which time both parties agreed to try and reach an agreement on their own; and WHEREAS, On June 8, 1998, the appellant notified Staff that the parties were unable to finalize an agreement and requested that Staff proceed to the next step in the process; and WHEREAS, on June 23, 1998, Staff issued a Final Determination Notice which indicated that the VRP No. 17 foliage as it existed on February 19, 1998, and the foliage not subject to VRP No. 17, did not create a significant view impairment; and WHEREAS, on July 6, 1998, the applicant 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 12, 1998, at least 30 days in advance of the hearing; and WHEREAS, on September 17, 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 9 were arties given an p opportunity to be heard and present evidence and the VRC approved VPR No. 1; and WHEREAS, on October 1, 1998, within the fifteen day appeal period, Mr. Ken Dyda appealed the Commission's decision to the City Council; and WHEREAS, after notice issued pursuant to the requirements of the Municipal Code, the City Council held a public hearing on November 4, 1998 at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal; and WHEREAS, after hearing all public testimony, and discussing the issues, the City Council remanded VPR No. 1 back to the View Restoration Commission with direction to reexamine the view preservation determination so that a uniform height for all foliage (permit specified and non permit specified) could be achieved; and WHEREAS, on January 7, 1999 after all voting members of the View Restoration Commission had revisited 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, the View Restoration Commission made all necessary findings, and upheld its original determination made on September 17, 1998; and WHEREAS, on January 20, 1999, within the fifteen day appeal period, Mr. Kenneth Dyda, the applicant, appealed the Commission's decision to the City Council; and WHEREAS, after notice issued pursuant to the requirements of the Municipal Code, the City Council held a public hearing on March 2, 1999, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal, the City Council modified the January 7, 1999 decision of the View Restoration Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicant at 5715 Capeswood Drive has a view, as defined by Section 17.02.0 of the City's Development Code, of the Santa Monica Bay, the South Bay Y strand (coastline) and the Los Angeles basin. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, is shared from the kitchen, family room, dinin g room, livin g room and deck. Section 3: The applicant has a view that was not, at the time that the view preservation request was made, significantly impaired by VRP No. 17 foliage, and was not significantly impaired by foliage not subject to VRP No 17. g row Subsequently, the foliage did Y g into the applicant's view, constituting a significant view impairment. However, on or about January 12, 1999, the foliage owner trimmed the foliage to eliminate the significant view City Council Resolution 99-17 Page 2 of 4 impairment. Section 4: The trees and/or foliage located on the rear slope and near the rear property line, exceed the ridgeline of the foliage owners residence. Section 5: The trees and/or foliage did not exist as view impairing vegetation when the applicant's and foliage owner's lots were created. The lots were created in 1960. Statements and photographs provided by the applicant show the tract as it was being graded after lot creation in 1961. At that time, the lot was denuded of all vegetation. Additionally, based on the photographic evidence, the foliage not subject to VRP No. 17 did not exist as view impairing foliage in November, 1989. Section 6: For the purposes of establishing significant view impairment, and to eliminate potential conflicts between these parties, the applicant, Mr. Kenneth Dyda, has agreed and acknowledged that a significant view impairment does not occur until the foliage reaches the third rail up from the bottom of the deck. As part of the revision to the view frame, and to allow some room and time for growth before the foliage will need to be trimmed again, Mr. Dyda has requested that if the foliage owner allows the foliage to grow to the third rail, then the foliage owner will be required to trim the foliage, at his expense, to the level of the applicant's rear yard deck. Section 7: 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 8: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, which are attached hereto by reference, the City Council of the City of Rancho Palos Verdes hereby affirms the View Restoration Commission's decision that a significant view impairment occurs when the foliage reaches the third rail from the bottom of the deck and modifies the VRC's January 7, 1999 decision so that the foliage located on the rear slope of the property located at 5714 Wildbriar Drive, will be trimmed to the deck when it reaches the third rail from the bottom of the applicant's rear yard deck. City Council Resolution 99-17 Page 3 of 4 PASSED, APPROVED, AND ADOPTED on the 16th day of March 1999. 1/ h 11 Jiikr.itor or ayor 7 7 ATTEST: c. l '-,.id i - / / —� - City f lerk 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. 99-17 was duly and regularly passed and adopted by the said City Council at a regular meeting held on March 16th, 1999. (11) / / City lerk , City Council Resolution 99-17 Page 4 of 4