Loading...
VRC RES 1991-003 P 111 V.R.C. RESOLUTION NO. 91-3 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 7 TO TRIM FOLIAGE AT 2 TOP RAIL LANE TO RESTORE VIEWS FROM PROPERTY LOCATED AT 4 TOP RAIL LANE. WHEREAS, on July 6, 1990, Bill and Betty Herman ( "applicant" ) , who own the property located at 4 Top Rail Lane in the City of Rancho Palos Verdes ( "City" ) , filed an application requesting a View Restoration Permit ( "Permit" ) to prune or remove several trees and shrubs on property located at 2 Top Rail Lane ( "subject property" ) in the City of Rancho Palos Verdes owned by Mr. and Mrs. David English ( "foliage 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 foliage owners on August 31, 1990, more than 30 days in advance of the hearing; and WHEREAS, on November 15, 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 and which was continued to January 3, 1991; and WHEREAS, on November 26, 1990, the applicant submitted a revised application to the City which included additional foliage on the subject property not previously identified for consideration by the Committee; and WHEREAS, notice of the continued hearing before the View Restoration Committee, along with copies of the revised application and staff report were mailed to the applicant and foliage owners on December 4, 1990, more than 30 days in advance of the hearing; and WHEREAS, on January 3, 1991, after all voting members of the View Restoration Committee had visited the site the Committee held a duly noticed public hearing to consider the revised 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 4 Top Rail Lane has a view as defined by Section 17 . 02.040 of the City' s Development Code, which includes views to the east and south of the ocean, city lights at night, harbor, and Vincent Thomas Bridge. 0 III III Section 2 : The applicant' s viewing area, as defined by Section 17 . 02 .040 of the City' s Development Code, include the living room, dining room, kitchen, family room, master bedroom, and an enclosed patio/recreation room of the applicant' s residence at 4 Top Rail Lane. Section 3 : The ridgeline height of the structure on the subject property, as measured from the pad, is 13 ' 6" , which is lower than 16 feet. Section 4: Based on the original application and the initial site visit performed by Staff, it was determined that the subject property contained numerous trees and shrubs which exceeded 16 feet or the ridgeline of the structure and impaired the applicant' s view including hedges which exceeded 6 feet in height, one olive tree approximately 24-30 feet in height, two palm trees approximately 24-30 feet in height, one Italian stone pine approximately 50-60 feet in height, one honey locust approximately 50 feet in height, an unidentified species with ivy approximately 40 feet in height, and pepper trees approximately 16 feet in height. Section 5 : Subsequent to the Staff Report dated August 31 , 1990, the foliage owner trimmed or removed foliage on the subject property, described below in Section 7, which had been identified in the Staff Report as causing view impairment from the applicant' s property. Section 6: The application for view restoration was revised by the applicant on November 26, 1990 requesting removal or trimming of additional foliage not previously described on the original application which including Brazilian pepper trees, eucalyptus trees, avocado trees, and one jacaranda tree located adjacent to the driveway on the subject property. Section 7 : Subsequent to the trimming or removal of vegetation by the foliage owner and the submittal of the revised application by the applicant, the subject property contains vegetation which no longer exceeds 16 feet or the ridgeline of the structure ( 13' 6" ) but shall be maintained by the foliage owner pursuant to Section 17.02 . 040 (C. 2 .d) of the City' s Development Code so as not to impair the view including one Brazilian pepper tree located in the lawn area ( 13 ' 6" ) , one honey locust tree located in the lawn area (13' 0" ) , one unidentified tree species with ivy which has been removed, and various shrubs located along the property line between the applicant' s property and the subject property ( 6 ' 0" ) which are subject to height limitations as pursuant to Section 17 .42 .020 of the City' s Development Code. V.R.C. RESOLUTION NO 91-3 Palle 2 fIII 111 Section 8 : Subsequent to the trimming or removal of vegetation by the foliage owner and the submittal of the revised application by the applicant, it was determined that the subject property contains vegetation which continues to impair the applicant' s view including one olive tree located in the lawn area ( 16 ' 0" ) , one Brazilian pepper located near the driveway ( 14' 6" ) , one palm tree located at the northeast corner of the residence ( 27 ' 0" ) , one palm tree located at the east side of the residence ( 28' 0" ) , one Italian stone pine located in the lawn area ( 50-60 ' ) , one avocado tree located to the north downslope of the subject residence ( 24' 0" ) , and one avocado tree located to the south downslope of the subject residence ( 28 ' 0" ) . Section 9: The jacaranda tree does not impair the view as defined by Section 17 .02 . 040 of the Development Code and therefore it is not subject to view restoration. Section 10 : The eucalyptus trees as described on both the original and revised applications have been excluded from this Permit since the foliage owner has submitted uncontroverted evidence that these trees are not located on his property. Section 11 : The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the certified letter mailed to the foliage owner dated June 2, 1990 and postmarked June 14, 1990 . Section 12 : The foliage described above in Section 6 impairs the view from the applicant' s viewing areas. Section 13: The subject property is located east of and immediately adjacent to the applicant' s property, less than 1 , 000 feet from the applicant' s property. Section 14: The foliage impairing the view did not exist when the lot from which the view is taken was created, since both properties were created in the 1950 ' s and developed concurrently in the 1960 ' s and 1976 aerial photographs taken of the sites indicate that most of the vegetation on the site was planted after development. Section 15 : Trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the subject property in that the hedges located between the two properties, and which are limited to a maximum height of 6' 0" by Section 17 .42 . 020 of the Development Code, provide for adequate privacy and screening of the structure and pool area, and that all other foliage to be trimmed is located on an area of the property which does not affect privacy. V.R.C. RESOLUTION NO 91-3 Page 3 E111 111 Section 16 : The subject properties are not located within the boundaries of the Miraleste Recreation and Park District. Section 17 : All of the above described vegetation can be trimmed to the specified heights to restore views without threatening the health of the vegetation. Section 18: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section since the permit does not involve the removal of mature or scenic trees . Section 19: 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 of foliage at 2 Top Rail Lane to restore views at 4 Top Rail Lane, as provided in and subject to the conditions outlined in the attached Exhibit "A" . PASSED, APPROVED, and ADOPTED this 17th day of January, 1991 . Cf"OZ- Cat- Lawrence E. Clark Chairman °V1U/Al : . . : rt Bena rd, Director of nv' ronmental Services V.R.C. RESOLUTION NO 91-3 Paae 4 411 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 7 1 . The olive tree located in the lawn area shall be trimmed at the applicant' s expense so as not to exceed 13 feet 6 inches in height and shall be maintained at this height by the . foliage owner so that it does not impair the view. 2 . The Brazilian pepper located in the lawn area shall be maintained at 13 feet 6 inches in height by the foliage owner so that it does not impair the view. 3. The Brazilian pepper located near the driveway shall be trimmed at the applicant' s expense so as not to exceed 13 feet 6 inches in height and shall be maintained at this height by the foliage owner so that it does not impair the view. 4. Because it has been determined that the jacaranda tree does not impair the view as defined by Section 17.02 .040 of the Development Code, no action is required by either the applicant or foliage owner. 5 . The honey locust located in the lawn area shall be maintained by the foliage owner not to exceed 13 feet 6 inches in height so that it does not impair the view. 6 . The excess bark of the two palm trees located adjacent to the structure shall , at the applicant' s expense, be "shaved" to the trunk of the trees to eliminate excess material . New growth shall be maintained by the foliage owner so as not to impair the view. 7 . The lower branches of the Italian Stone Pine which have been previously cut shall , at the applicant' s expense, be trimmed to the shoulders of the branches adjacent to the trunk. 8 . The two avocado trees located downslope of the residence shall be trimmed, at the applicant' s expense, so as not to exceed the elevation of the ridgeline as determined to be 13 feet 6 inches as measured from the pad area of the structure, and shall be maintained by the foliage owner so as not to exceed this height. 9 . The hedges located between the foliage owner and the applicant shall be maintained, at the foliage owner' s expense, so as not to exceed 6 feet 0 inches, which is the maximum height permitted for a hedge pursuant to the Development Code Section 17 .42 . 020. V.R.C. RESOLUTION NO 91-3 Paae 5 r t 111 111 10. The applicant shall , not later than 30 days after approval , present to the City and to the foliage owner at 2 Top Rail a minimum of three ( 3 ) itemized estimates to carry out the aforementioned work, such estimates to be supplied by a landscape or tree service contractor licensed to perform 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. 11 . The foliage owner shall select a contractor from the list of contractors provided by the applicant or another firm of their choice to perform the work. However, the foliage owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. 12 . The applicant may reduce the scope of the trimming required by this Permit by giving the City and the foliage 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. 13 . 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 10, above. In the event that the applicant withdraws his request in a timely manner, the foliage owner is not required to perform the work required by this Permit and this Permit is of no further force and effect. 14. The foliage owner at 2 Top Rail Lane 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 through 9, inclusive. 15 . The City shall reimburse the foliage owner at 2 Top Rail Lane 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. V.R.C. RESOLUTION NO 91-3 Paae 6 • , 16 . If after 90 days from the approval of the Permit the foliage has not been removed or trimmed, the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work on the subject property at the foliage owner' s expense. In the event that the City is required to perform the work at the foliage 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. 17 . Subsequent to the trimming of the foliage, the applicant may, at his/her discretion, document the restored view for future reference by submitting to the Director of Environmental Services photographs of the restored view taken from the viewing areas of the applicant' s property along with a "Documentation of Existing Foliage" form available at the Department of Environmental Services. V.R.C. RESOLUTION NO 91-3 Paae 7