VRC RES 1997-020 t
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V.R.C. RESOLUTION NO. 97 -20
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 51 TO
TRIM, LACE AND REMOVE OR TOP FOLIAGE AT 6932 AND
6938 GROVESPRING DRIVE.
WHEREAS, on May 20, 1997, Mr. and Mrs. William Mastous, owners of property
located at 6863 Abbottswood Drive and Mr. and Mrs. Joseph Seary, owners of property
located at 6907 Abbottswood Drive (herein "the applicants"), in the City of Rancho Palos
Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore the
view from their property that is significantly impaired by foliage owned by Mr. John
Jacques, at 6932 Grovespring Drive; Mr. and Mrs. Thomas Kinley, at 6938 Grovespring
Drive; and Mr. James Smith, at 6944 Grovespring Drive (herein "the foliage owners"), in
the City of Rancho Palos Verdes ("City"); and
WHEREAS, notice of the View Restoration Commission ("Commission") hearing
was mailed to the applicants and the foliage owners on July 21, 1997, 30 days in advance
of the hearing; and
WHEREAS, on August 21, 1997, after all voting members of the View Restoration
Commission had visited the sites, 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 applicants at 6863 Abbottswood Drive and 6907 Abbottswood Drive
have a view, as defined by Section 17.02.040 of the City's Development Code, of the
Santa Monica Bay, and the applicant at 6863 Abbottswood Drive also has a view of the
strand from the South Bay to Malibu.
Section 2,. The applicants' viewing areas, as defined by Section 17.02.040 of the
City's Development Code, for the property located at 6863 Abbottswood Drive are from
the living room, bedroom office and master bedroom; and from 6907 Abbottswood Drive
the viewing area is from the family room, kitchen and dining room.
Section a: Both applicants have views that are significantly impaired by one
Canary Island Pine tree on property located at 6932 Grovespring Drive. The applicant at
6863 Abbottswood Drive has views that are also significantly impaired by two Acacia trees
on property located at 6932 Grovespring Drive and by one Aleppo Pine tree on property
located at 6938 Grovespring Drive. In addition, the applicant at 6907 Abbottswood Drive
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also has views impaired by five Myoporum trees, two Pepper trees, one Mock Orange tree,
two Aleppo Pine trees, and one unknown type tree on property located at 6938
Grovespring Drive. Foliage on property located at 6944 Grovespring Drive does not create
a significant view impairment from either of the applicant's viewing areas.
Section 4: The applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve conflicts. On April
24, 1997, Mr. and Mrs. Mastous and Mr. and Mrs. Seary sent a letter via certified mail to
the foliage owner located at 6932 Grovespring Drive (Jacques) requesting that the view
being blocked by the foliage on his property be restored. In addition, the applicants sent
letters dated November 1, 1996, to the foliage owners at 6938 Grovespring Drive (Kinley)
and 6944 Grovespring Drive (Smith) as evidenced by several response letters.
Section 5; Based on evidence provided by the applicants, the subject trees at 6932
and 6938 Grovespring Drive significantly impair the applicants' view. All of the subject
foliage exceeds the height of the ridgeline of the primary structure and significantly impairs
the view from the applicants' viewing area.
Section 6: The subject properties are located less than one thousand (1,000) feet
from the applicants' properties.
Section 7 _ The foliage significantly impairing the view did not exist, as view
impairing vegetation, when the lot from which the view is taken was created. The
applicants' and the foliage owners' properties were created in the early 1960's and are a
part of Tract Map No. 27136. When created, Tract No. 27136 involved grading, as
evidenced by the Compacted Filled Ground report and the grading plans and such grading
involved removal of all vegetation on the developed portions of the site. The Compacted
Filled Ground report states that "...the areas shall be stripped of all vegetation..."
Section 8 Trimming the foliage as required to restore the applicants' view, will not
cause an unreasonable infringement on the privacy of the foliage owners in that foliage
below the level of the applicants' building pad elevations will not be removed and sufficient
foliage to screen views into the foliage owner's properties will remain.
On the foliage property located at 6932 Grovespring Drive, there are six Acacia trees
planted on the slope in the rear yard. Four of the Acacia trees on the slope are low enough
and do not impair the applicants' views yet they provide privacy for the rear yard and
screen views into the south facing patio door and window. The other two Acacia trees
which create a significant view impairment will be trimmed to the same height as the four
Acacia trees which do not impair the view and still provide privacy. Furthermore, the
canopies of the Acacia trees which will be trimmed are very broad, spreading across about
one half of the property width.
V.R.C. Resolution No.97-20
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On the foliage property located at 6938 Grovespring Drive, there are 11 view obstructing
trees and two other non-view obstructing trees planted on a steep 1.5:1 slope behind the
house. The one story 12 foot tall house is approximately 14 feet from the toe of the slope.
Privacy is provided by dense foliage between the foliage owner's building pad level and the
level of the top of the slope. Portions of the trees above the level of the top of the slope
(the applicant's building pad elevation) do not afford privacy because the foliage owner's
house is located close to the toe of the slope and south facing windows on the foliage
owner's house are low.
Section 9: Trimming the subject trees as identified in Condition Nos. 1 through 13,
inclusive of attached Exhibit "A", is necessary in order to restore the applicants' view.
Section la: Pursuant to Section 15300 of the California Environmental Quality Act,
the proposed project is categorically exempt under Class 4 of that section because the
work required to restore the applicant's view does not include the removal of scenic and
mature trees as identified by the City of Rancho Palos Verdes General Plan (Visual
Aspects; Figure 41).
Section is Based on the foregoing information, and on the information and
findings included in the Staff report and evidence presented at the public hearing, the View
Restoration Commission hereby orders the trimming of foliage at 6932 and 6938
Grovespring Drive to restore the views at 6863 and 6907 Abbottswood Drive, as provided
in, and subject to, the conditions outlined in the attached Exhibit "A".
Section 12. 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) 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 August
21, 1997, the date of the View Restoration Commission final action.
Section 13. 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 approved View Restoration Permit No. 51 subject to the
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
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PASSED, APPROVED, AND ADOPTED on the 21st day of August, 1997.
AYES: BLACK, BOUDREAU, CHAIRMAN R. GREEN, GOERN, KARMELICH,
AND SWE ETNAM.
NOES: NONE
ABSTENTIONS: NONE
ABSENT: A. GREEN
Ray iend Green, Ch-irma
Carolynn Peu, AICP
Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-20
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 51
Foliage on property located at 6938 Grovespring Drive shall be trimmed, laced
and/or removed as follows:
1. The Myoporum tree (number 1 on the site plan) shall be trimmed to a height not to
exceed three feet above the elevation of the building pad at 6907 Abbottswood
Drive.
2. The first lateral branch (the main branch closest to the ground) protruding west of
the trunk on the Pepper tree numbered "2" on the site plan, shall be removed and
the remaining foliage shall be shaped.
3. The two branches protruding furthest west of the base on the Pepper tree number
"3" on the site plan, shall be removed and the remaining foliage shall be shaped.
4. The Mock Orange tree shall be removed with the foliage owner's consent, otherwise
topped to a height not to exceed three feet above the height of the pad elevation of
the property located at 6907 Abbottswood Drive. If the tree is removed, then it shall
be replanted with one 15 gallon tree. The species of vegetation to be planted shall
be approved by the Director of Planning, Building and Code Enforcement. In
addition, when at full maturity, the tree shall not exceed three feet above the pad
elevation of the property located at 6907 Abbottswood Drive and shall be
maintained at a height that will not impair a view from another property. The initial
cost of purchasing and installing the vegetation shall be borne by the applicant;
however, subsequent maintenance costs shall be the responsibility of the foliage
owner.
5. All branches between three feet and eight feet above the elevation of the building
pad at 6907 Abbottswood Drive on the Aleppo Pine tree labeled "5" on the site plan
shall be removed.
6. Myoporum tree numbered "6" on the site plan shall be trimmed to a height not to
exceed three feet above the elevation of the building pad at 6907 Abbottswood
Drive.
7. The largest branch closest to the ground (approximately 30 inches above the base
of the tree) protruding west of the trunk on Aleppo Pine tree number "7" shall be
removed in order to restore the view from 6863 Abbottswood Drive. In addition, the
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first three branches above the elevation of the building pad at 6907 Abbottswood
Drive that are protruding west of the trunk shall be removed in order to restore view
from 6907 Abbottswood Drive.
8. Myoporum tree numbered "8" on the site plan shall be trimmed to a height not to
exceed three feet above the elevation of the building pad at 6907 Abbottswood
Drive.
9. Myoporum tree numbered "9" on the site plan shall be trimmed to a height not to
exceed three feet above the elevation of the building pad at 6907 Abbottswood
Drive.
10. Myoporum tree numbered "10" on the site plan shall be trimmed to a height not to
exceed three feet above the elevation of the building pad at 6907 Abbottswood
Drive.
11. The tree labeled number "12" on the site plan shall be removed with the foliage
owner's consent, otherwise topped to a height not to exceed three feet above the
height of the pad elevation at 6907 Abbottswood Drive. If the tree is removed, then
it shall be replanted with one 15 gallon tree. The species of vegetation to be
planted shall be approved by the Director of Planning, Building and Code
Enforcement. In addition, when at full maturity, the tree shall not exceed three feet
above the pad elevation of the property located at 6907 Abbottswood Drive and
shall be maintained at a height that will not impair a view from another property.
The initial cost of purchasing and installing the vegetation shall be borne by the
applicant; however, subsequent maintenance costs shall be the responsibility of the
foliage owner.
Foliage on property located at 6932 Grovespring Drive shall be trimmed, laced
and/or removed as follows:
12. a. The two Acacia trees, numbered 5 and 6 on the site plan, shall be trimmed
to a height not to exceed 30 inches above the rear yard pad elevation at
6863 Abbottswood Drive.
b. The Canary Island Pine tree located in the front yard at 6932 Grovespring
Drive shall be heavily laced and trimmed in order to restore views from both
applicants properties.
13. The foliage owners shall be responsible to maintain the foliage is in such a manner
as to not significantly impair the applicants' view.
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14. The applicants shall, not later than 30 days after approval of this permit, present to
the City, a minimum of three (3) itemized estimates to carry out the aforementioned
work. Such estimates are to be supplied by licensed landscape or licensed tree
service contractors, acceptable to the City, which provide insurance certificates in
a form acceptable to the City, and shall 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 work.
15. The foliage owners shall select a contractor from the estimates provided by the
applicants or another licensed firm of their choice subject to approval by the City,
to perform the required work. However, the foliage owner shall only be reimbursed
for the amount of the lowest bid submitted by the applicant.
16. The applicant may reduce the scope of the trimming required by this Permit by
giving the City and the foliage owner written notice of such decision within 30
days of this approval. The applicant shall deposit funds to the City in a trust
account in an amount sufficient to cover the remaining work. However, trimming
or removal of the vegetation which the applicant has chosen to eliminate would
then require an entirely new View Restoration application and fee.
17. The applicants may withdraw their view restoration request and their trust account
funds if the applicants do so within five (5) days after the applicants send the three
(3) estimates required by Condition No. 15 above. In the event that the applicants
withdraws their request in a timely manner, the foliage owners are not required to
perform the work specified by this Permit and this Permit is of no further force and
effect.
18. The foliage owners shall, no later than 90 days after the Notice of Approval (First
Notice) is mailed, complete the work to the extent required by this Permit and shall
maintain the vegetation to a height that will not impair a view from another property
in the future as specified in Condition Nos. 1 through 13, inclusive. All trimming
shall be performed during the winter months (preferably November through
February) when the trees are dormant.
19. The City shall reimburse the foliage owners 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, specified by this Permit in an amount not to exceed the
amount of the applicants' trust account.
20. If the required work as specified in Condition Nos. 1 through 13, inclusive is not
completed within the time periods stipulated in Condition No. 19, then the City of
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Rancho Palos Verdes will authorize a bonded tree service to perform the work at
the subject property at the foliage owners' expense. In the event that the City is
required to perform the work at the foliage owners' expense, the City shall
reimburse the applicants from the City trust account not later than 30 days after the
City completes the work.
21. Subsequent to the trimming or removal of the foliage, the applicant may, at his
discretion, document the restored view for future reference by submitting to the
Director of Planning, Building and Code Enforcement, photographs of the restored
view taken from the applicant's viewing area along with a "Documentation of
Existing Foliage" form available at the Planning, Building & Code Enforcement
Department.
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