CC MINS 19880329 JNTM I N U T E S
JOINT WORK SESSION
RANCHO PALOS VERDES CITY COUNCIL
AND
RANCHO PALOS VERDES PLANNING COMMISSION
MARCH 29, 1988
The meeting was called to order at 7:30 P.M. by Mayor Robert
E. Ryan, at Hesse Park Community Center, 29301 Hawthorne
Boulevard, notice having been given with affidavit thereto on
file.
PRESENT: BACHARACH, McTAGGART, HUGHES AND MAYOR RYAN
ABSENT.
HINCHLIFFE
Also present were City Manager Dennis McDuffie, City Attorney
Steven Dorsey, Environmental Services Director Robert Benard,
Senior Planner Ann Negendank., and City Clerk Jo Purcell.
The following Planning Commissioners were also present.
PRESENT: Von Hagen, Wike, McNulty and Chairman Connolly
ABSENT: ORTOLANO
HEIGHT VARIATION APPLICATION
PROCEDURES AND VIEW ISSUES.
The mayor opened the meeting by commenting that this session
would cover a wide ranging question and answer period with
the City Attorney regarding view related issues.
The Council and the City Attorney then proceeded to discuss
issues relating to the height ordinance and in particular to
the efficacy- of the City's current height- ordinance; the fact
that a right to a view is not protected by the Constitution;
the number of appeals that have come before the City Council
dealing with second story additions, and some hypothetical
situations concerning one neighbor's opposition to the
building of second story additions�by several other
neighbors.
Additional discussion-took place regarding the situation of a
one-on-one view blockage, the conflict between the right to a
view versus the right to reasonably develop one's property,
and the extent to which the City can go in writing a view
protection ordinance. The discussion next centered on the
effectiveness of CC&Rls and the fact that they are enforced
by the homeowner associations and not the City. Also, to be
defensible, that these CC&Rls must not have a history of
selective enforcement.
The City Attorney then summarized for Council's information
the current status of litigation regarding land use and the
attitudes of the Courts in dealing with land use.
Superior property rights were the next item of discussion and
whether some property.did indeed restrict the development of
adjacent land. of major concern was the restriction of
second story additions in the case of families who
desperately needed more room.
RECESS AND RECONVENE At 9:00 P.M. the Mayor declared
a brief recess. At 9:15 P.M*
the meeting reconvened.
The next item of discussion was cumulative 'impact and how
it could be extrapolated to identify a quantifiable impact.
The Council next reviewed the summary of recommended changes
from the Planning Commission. A brief discussion then
followed on the determination of incremental view impact.
The next discussion was regarding the impact of trees on
views and their present and future impact. Major concern was
expressed over the obliteration of views by trees; what
happens in the case where a person wants to build a second
story where the trees now exists and, if in surveying that
area, it is determined that views don't exist because of this
tree blockage the second story could be approved. However, if
the trees did not exist, there would be a view and con-
sequently a second story would be prohibited.
The Council next discussed the possibility of putting a use
covenant on property where trees blocked views. Another
concern dealing with the removal of trees was whether they
could be amortized and what value could be placed on them. A
system was suggested whereby if somebody complained about a
second story addition that they be requested to deed restrict
their property limiting the height of their trees to sixteen
feet, the idea being to start a Citywide program of
commitment by residents to restrict the height of trees.
With so many other issues remaining to be discussed on this
item, it was the consensus that the City Council, the
Planning commission, staff and the City Attorney meet again
on April 18, 1988 at 7:30 P.M. to continue the discussion of
views and view obstruction.
ADJOURNMENT
ATTEST,:
At 11:25 P.M. the meeting
adjourned on motion of Council-
man McTaggart
MAYOFO
SM2- MARCH 29, 1988