9. Private Property                                                      Home Page

     Balancing private property rights and neighbor consideration is challenging. Having built a home in Miraleste in 1975 under the PVE Art Jury deed restrictions as well as the L.A. County and emerging RPV codes I have first hand experience. Our lot which was partially existing fill required some cut and fill with appropriate geologic engineering. Although zoned for a 2 story house we not only followed the offset, height, red roof and Spanish architecture requirements but also tried to minimize any view obstructions. Even then we were only partially successful but basic property rights had precedence over exclusionary neighborhood compatibility guidelines. Since then older homes have been remodeled and a new 2 story house built blending in with a diverse set of architectures - but they are far from being identical.

     Today the RPV process is so qualitatively ponderous that it is no wonder design approvals are taking a year or more to acquire and time is money. The 50 page "Handbook" obviously required an immense amount of work and is an excellent reference document if used as stated where "suggestions and guidelines contained herein are not intended to take precedence over the RPV Municipal Code but rather to assist in the preparation of residential development projects". Unfortunately the requirement including a flow chart worthy of an aerospace project is triggered when someone decides one of three criteria exists or upon "comments and concerns by the public". This is a lawyer's dream and a slippery slope. In other words the evaluation is always a mandatory requirement based on individual human prejudices rather than an absolute criteria e.g. set backs, heights, etc.

     As I read more about grading, vegetation, streetscape, views, etc. I'm not sure I could build my house in RPV today. In the limit the policy sounds like building plans for a neighborhood populated with "Stepford Wives". When and if multiple house developments have been done they are most often too alike in design and appearance for the obvious reason of minimizing design and construction costs. When a new or remodeled home is constructed a simpler set of codes should apply ie setbacks, height, type of roof (red tile for example), lot coverage, % view blockage, etc. But instead we once again get the mindset of the "chosen ones" - people who already live here and want no change whatsoever (see Citizens Against Virtually Everything (CAVE)).

     This mentality exists in other areas as well. The private property vs public street parking is one example. Again the legalistic legislation of conformity seems to prevail while restrictions to allow street cleaning and long term street parking are ignored. Unfortunately RPV has assumed the financial responsibility of (winning or losing) litigation in which the argument is often a matter of principle (ego).

I pledge to simplify the "Neighborhood Compatibility Guidelines" and the process which is stifling the constitutional private property rights of its citizens.

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