VRC RES 1998-008 110 I
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V.R.C. RESOLUTION NO. 98 -08
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
TO 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
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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.
NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: 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
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
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: Any interested person aggrieved of this decision or by any portion of this
decision may appeal to the City Council. Pursuant to Section 17.02.040 (C)(2)(g) and Section
17.76.100 (H) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed
with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days
following October 1, 1998, the date of the View Restoration Commission final action.
Section 5. For the foregoing reasons and based on information and findings contained
in the Staff Reports, minutes, and records of the proceedings, the View Restoration
Commission hereby orders that within 90 days of October 2, 1998 that Canary Island Pine
trees Nos. 1 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.
PASSED, APPROVED, AND ADOPTED on the 1St day of October 1998.
AYES: Black, Cordova, Long, Mueller, Sweetnam
NOES: Mehlman
ABSTENTIONS: McBride, Kipper
ABSENT: Drages, Green
Thomas Long, Chairma
41111
oel ' ojas
D - tor of Planning,
Building & Code Enforcement
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