CC RES 1997-071RESOLUTION NO. 97-71
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES
DIRECTING STAFF TO EXECUTE AND
RECORD A NOTICE ABANDONING THE
COVENANT TO MAINTAIN PROPERTY TO
PROTECT VIEWS FOR THE PROPERTY
LOCATED AT 6162 ARROWROOT LANE
WHEREAS, on June 22, 1990, the City approved Site Plan Review No. 5545 for a
single story addition to an existing single family residence located at 6162 Arrowroot Lane.
In satisfaction of a condition of approval of the Site Plan Review, the previous landowners
submitted a Covenant to Maintain Property to Protect Views which was recorded with Los
Angeles County on June 28, 1990; and,
WHEREAS, on August 8, 1996, the City received a complaint that the foliage on the
subject property was being maintained in violation with the recorded covenant. After a first
notice was sent to the current property owners, Staff conducted a site visit on December
161 1996 and photographed the recently trimmed foliage on the property. Based on the
photographs the Director of Planning, Building and Code Enforcement determined that the
foliage on the property had been trimmed so that it no longer significantly impaired the
view from the upslope property at 6161 Arrowroot Lane. Therefore, the case was officially
closed on March 3,1997; and,
WHEREAS, on December 17, 1996, the City Council adopted Council Policy No.
30 which suspended City Staff enforcement of recorded Covenants to Maintain Property
to Protect Views. However, as provided for in the language of the covenant, private
property owners were still able to enforce the terms of the covenant through a court of law.
WHEREAS, Mr. and Mrs. Koyano, the owners of 6161 Arrowroot Lane, are
preparing a civil action against Mr. and Mrs. McBride, the owners of 6162 Arrowroot Lane,
in order to privately enforce the terms of the recorded covenant. Mr. K. Doyle George, the
attorney representing Mr. and Mrs. McBride, has requested the City's involvement in
determining whether the foliage on the subject property is currently significantly impairing
the Koyano's view; and,
WHEREAS, the City Council conducted a hearing on July 15, 1997 to consider that
matter, at which time all interested parties were given an opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Subsection 6 of the recorded Covenant to Maintain Property to Protect
Views for the property located at 6162 Arrowroot Lane (Los Angeles County Recorder's
Office, Document No. 90- 1147111) states: "Notwithstanding anything provided herein to
the contrary, the burden of this Covenant may be terminated and abandoned by the City
Council of the City at any time by execution and recordation of a notice abandonin g this
Covenant ".
Section :The City has received a written request from the attorney representing
the property owners of 6162 Arrowroot Lane to abandon the Covenant.
Section 3: The City Council of the City of Rancho Palos Verdes hereby directs City
Staff to execute and record a notice abandoning the Covenant to Maintain Property to
Protect Views currently recorded against the property located at 6162 Arrowroot Drive.
PASSED, APPROVED and ADOPTED this 15th day of July_, 19 9 7
_
ATTEST:
STATE QF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
)ss
I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above
Resolution No. 97 -71 was duly and regularly passed and adopted by the said City Council
at a regular meeting held on July 15 ,1 9 9µi .
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Jo Purc6A ' City Clerk
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City f4 ncho Palos Verdes
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Resolution No. 97 -71
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