VRC RES 1998-007 V.R.C. RESOLUTION NO. 98 -07
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
TO TRIM 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 Road, in the City of
Rancho Palos Verdes ("City"); and
WHEREAS, on February 26, 1998 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 to 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 and indicated that they
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 parties were given an
opportunity to be heard and present evidence.
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NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section I 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 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, dining room, living 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, but is now significantly impaired
by the foliage located on the rear and east side yards of the property located at 5714
Wild briar.
Section 4: The trees and/or foliage exceed the ridgeline of the foliage owners
residence.
Section 51 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.
Additionally, the foliage not subject to VRP No. 17 did not exist as view impairing foliage in
November, 1989.
Section 6. 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 September 17, 1998, the date of the View Restoration Commission final action.
Section 7. 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 the foliage located on the rear slope of the property located
at 5714 Wildbriar Road, and not subject to VRP No. 17, be trimmed down to a height
approximately 8 feet above the bottom of the applicant's rear yard slope, which is the third bar
from the top of the deck handrail, and trimmed to that level on a semi annual basis beginning
in June and again in December.
• •
PASSED, APPROVED, AND ADOPTED on the 17th day of September 1998.
AYES: Cordova, Drages, McBride, Mehlman, Sweetnam
NOES: Mueller
ABSTENTIONS: None
ABSENT: Kipper, Long, Green, Black
A7/
arren S e- am, Vice Chairman
Jiel Re jas
Di -c •r of Planning,
Building & Code Enforcement
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