VRC RES 1990-002 111
V.R.C. RESOLUTION NO. 90-2
A RESOLUTION OF THE VIEW RESTORATION COMMITTEE
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 2 TO TRIM AND
REMOVE FOLIAGE AT 3931 PALOS VERDES DRIVE SOUTH.
WHEREAS, on June 18, 1990, William & Joy Carter
( "applicants" ) , who own the property located at 3930 Admirable
Drive in the City of Rancho Palos Verdes, filed an application
requesting a View Restoration Permit ( "Permit" ) to remove 4
eucalyptus trees and trim other trees and two hedges on property
located at 3931 Palos Verdes Drive South ( "subject property" ) , in
the City of Rancho Palos Verdes ( "City" ) owned by Vincent and
Wendy Yen ( "property owners" ) ; and
WHEREAS, notice of the hearing before the View Restoration
Committee ( "Committee" ) , along with copies of the staff report,
were mailed to the applicant and property owner on August 3, 1990,
more than 30 days in advance of the hearing; and
WHEREAS, on September 20, 1990, after all voting members of
the View Restoration Committee had visited the site, the Committee
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 COMMITTEE OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1 : The applicant at 3930 Admirable Drive has a view,
as defined by Sec. 17.02 .040 of the City' s Development Code, which
includes the peninsula coastline, the Catalina Channel and
Catalina Island.
Section 2: The applicant' s viewing area, as defined by Sec.
17 . 02 .040 of the City' s Development Code, includes the living
room, dining room, master bedroom, patio, and rear yard of the
applicant' s residence at 3930 Admirable Drive.
Section 3: The subject property at 3931 Palos Verdes Drive
South contains numerous trees, including four eucalyptus trees,
one carob tree, a melalueca tree, a pine tree, a eucalyptus tree,
an acacia tree and two bamboo hedges, all of which exceed the
ridgeline of the house which is the primary structure on the
property. The eucalyptus, carob and melalueca trees are all
located on the front yard in a patio area. The bamboo hedges are
located in the rear yard, one along each side property line. The
pine tree, eucalyptus tree and acacia tree are located in the
northeast corner of the rear yard.
III III
Section 4: The applicant has complied with the early
neighbor consultation process and has shown proof of cooperation
on his part to resolve conflicts, as evidenced by the
Acknowledgment of View Restoration Request form signed by the
property owners.
Section 5: Four mature eucalyptus trees, a carob tree, and a
melalueca tree located in the front yard and a pine tree,
eucalyptus tree, acacia tree and two bamboo hedges in the rear
yard are higher than the ridgeline of the structure and impair the
views from the applicant' s viewing area. The upper half of the
four mature eucalyptus trees and the bamboo hedge along the west
side property line impair the view of the Catalina Channel and
Catalina Island. The upper 1 - 3 feet of the carob tree,
melalueca tree, east bamboo hedge, pine tree, and young eucalyptus
tree impair the view of the Catalina Channel .
Section 6: The subject property is contiguous to the
applicant' s property and is, therefore, less than one thousand
( 1 , 000) feet from the applicant' s property.
Section 7 : The foliage impairing the view did not exist when
the lot from which the view is taken was created, since the
applicant' s and foliage owner' s lots were both created in 1956 .
Also, 1976 aerial photos show no trees in the front yard.
Section 8 : Removal or trimming of the foliage will not cause
an unreasonable infringement of the privacy of the occupants of
the property upon which the foliage is located, as the property
owner' s backyard is completely open to view from the edge of the
applicant' s rear yard and the front yard is completely enclosed by
a fence that provides privacy from Palos Verdes Drive South.
Section 9: The property does not lie within the boundaries
of the Miraleste Recreation and Park District.
Section 10 : Trimming of the 4 mature eucalyptus trees to
approximately half their existing height is necessary in order to
restore the view. However, trimming of the four trees to this
height would endanger the life of the trees and would have a
negative aesthetic impact. Therefore, removal of the eucalyptus
trees is required.
Section 11 : The carob, melalueca, pine, eucalyptus tree,
acacia tree and the bamboo hedges can be trimmed to restore views
without threatening the health of the vegetation.
Section 12 : Pursuant to Section 15300 of the California
Environmental Quality Act, the proposed project is categorically
exempt under Class 4 of that section.
View Restoration Resolution No. 90-2
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Section 13: Based on the foregoing, and on the information
and findings included in the Staff Report and evidence presented
at the public hearing, the View Restoration Committee hereby
orders trimming or removal of foliage at 3931 Palos Verdes Drive
South to restore views at 3930 Admirable Drive, as provided in and
subject to the conditions outlined in the attached Exhibit "A" .
PASSED, APPROVED and ADOPTED on the 18th day of October,
1990 .
1 :!? .e.
Larry Clark
Chairman
o
( ectorf
En ironmental Services
View Restoration Resolution No. 90-2
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111
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 2
1 . Four eucalyptus trees shall be removed at the applicant' s
expense from the front yard at 3931 Palos Verdes Drive South,
such removal to include grinding the tree stump to a depth of
at least 18 inches below ground, including restoring the
grade.
2 . The melalueca tree on the east side of the front yard at 3931
Palos Verdes Drive South shall be reduced to a maximum height
not to exceed 18 feet in height and shall be maintained so
that the tree does not in the future exceed 18 feet in height,
and so that the foliage does not impair the view.
3 . The carob tree on the west side of the front yard at 3931
Palos Verdes Drive South shall be reduced to a maximum height
not to exceed 18 feet in height and shall be maintained so
that the tree does not in the future exceed 18 feet in height,
and so that the foliage does not impair the view.
4. The pine tree, eucalyptus tree and acacia tree in the
northeast corner of the rear yard shall be reduced to a
maximum height not to exceed 19, 20 and 19 feet, respectively
and shall be maintained so that these trees do not in the
future exceed these maximum heights, and so that the foliage
does not impair the view.
5 . The bamboo hedges along each side property line in the rear
yard shall be reduced to a maximum height not to exceed 6
feet, which is the maximum height permitted for a hedge
pursuant to Development Code Section 17 .42 .020B.
6 . The applicant at 3930 Admirable Drive shall , not later than 30
days after approval , present to the City and to the property
owner at 3931 Palos Verdes Drive South a minimum of three ( 3)
itemized estimates to carry out the aforementioned work, such
estimates to be supplied by landscape or tree service
contractors licensed to do work in the City of Rancho Palos
Verdes, and to include all costs of cleanup and removal of
debris. In addition, the applicant shall pay to the City an
amount equal to the lowest of the three estimates and such
funds shall be maintained in a City trust account until
completion of the work.
7 . The property owner shall select a contractor from the list and
inform the City of their decision within then ( 10 ) days of the
receipt of the estimates.
View Restoration Resolution No. 90-2
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8. The applicant may reduce the scope of the removal and/or
trimming required by this Permit by giving the City and the
property owner written notice of the applicant' s decision
within 30 days of this approval . The applicant shall deposit
funds in the city trust account in an amount sufficient to
cover the remaining work. However, removal or trimming of the
vegetation which the applicant has chosen to eliminate would
then require an entirely new view restoration application and
fee.
9. The applicant may withdraw his request and his trust account
funds if the applicant does so within 5 days after the
applicant sends the three ( 3 ) estimates required by Condition
Number 6, above. In the event that the applicant withdraws
his request in a timely manner, the property owner is not
required to perform the work required by this Permit and this
Permit is of no further force and effect.
10 . The property owner at 3931 Palos Verdes Drive South shall , not
later than 90 days after the approval of the Permit, remove
and trim the vegetation on his/her property to the extent
required by this Permit, and shall maintain such vegetation to
a height that will not impair a view from another property in
the future as specified in Conditions 1, 2, 3, 4 and 5 .
11 . If after 90 days the foliage has not been removed or trimmed,
the City of Rancho Palos Verdes will authorize a bonded tree
service to perform the work at the subject property at the
property owner' s expense. In the event that the City is
required to perform the work at the property owner' s expense,
the City shall reimburse the applicant from the City trust
account not later than 30 days after the City completes the
work.
12. The City shall reimburse the property owner at 3931 Palos
Verdes Drive South from the City' s trust account, not later
than 30-days after receipt of the appropriate billing and the
satisfactory completion of the required work, required by this
Permit in an amount not to exceed the amount of the
applicant' s trust account.
View Restoration Resolution No. 90-2
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