VRC RES 1997-018 V.R.C. RESOLUTION NO. 97 -18
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 45 TO
TRIM, LACE AND REMOVE OR TOP FOLIAGE AT 3070
CROWNVIEW DRIVE.
WHEREAS, on March 18, 1997, Dr. and Mrs. John Chou, owner of property located
at 29500 Highpoint Road (herein "the applicant"), 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. and Mrs. Ralph Bremsner
at 3070 Crownview Drive (herein "the foliage owner"), in the City of Rancho Palos Verdes
("City"); and
WHEREAS, notice of the View Restoration Commission ("Commission") hearing,
along with copies of the Staff report, were mailed to the applicant and the foliage owner on
July 8, 1997, 30 days in advance of the hearing; and
WHEREAS, on August 7, 1997, 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.
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 29500 Highpoint Road has a view, as defined by
Section 17.02.040 of the City's Development Code, which includes the Pacific Ocean, San
Pedro, the Vincent Thomas Bridge, and the Los Angeles and San Pedro harbors.
Section 2: The applicant's primary viewing area, as defined by Section 17.02.040
of the City's Development Code, is from the living room.
Section 3 The applicant's view is significantly impaired by six Pine trees on
property located at 3070 Crownview Drive.
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
applicant's letter dated October 6, 1996 requesting that the foliage owner restore his view.
The applicant acknowledged receipt of the applicant's request in a letter sent to the
applicant on November 14, 1996.
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Section 51 Based on evidence provided by the applicant, the subject trees at 3070
Crownview Drive significantly impair the applicant's view. All of the subject foliage exceeds
the ridgeline of the primary structure and significantly impairs the view from the applicant's
viewing area.
Section 6 The subject property is located less than one thousand (1,000) feet
from the applicant's property.
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
applicant's and the foliage owner's properties were created in 1960 and are a part of Tract
Map No. 25376. When created, Tract No. 25376 involved grading, as evidenced by the
Progress Report on Compacted Fills and grading plan, and such grading involved removal
of all vegetation on the properties. The Progress Report on Compacted Fills prepared on
May 26, 1960, by International Testing Corporation, states that "Before placing fill, the
original ground...was stripped of all vegetation..."
Section& Topping, or removing the six Pine trees will not cause an unreasonable
infringement on the privacy of the foliage owners in that the Pine trees on the foliage
owner's property do not provide privacy because foliage on the trees is 10 to 15 feet above
the ground and the applicant has unobstructed views under the foliage.
Section a The lacing and topping or removal of the subject trees as identified in
Condition No. 1 of attached Exhibit "A", is necessary in order to restore the applicant's
view.
Section 10; 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 I 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 topping, trimming, lacing and/or removal of
foliage at 3070 Crownview Drive to restore the views at 29500 Highpoint Road, 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
V.R.C.Resolution No.97-18
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7, 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. 45 subject to the
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
PASSED, APPROVED, AND ADOPTED on the 7th day of August 1997.
AYES: BLACK, BOUDREAU, GOERN, A. GREEN, CHAIRMAN R. GREEN,
MARSHALL, AND SWEETNAM.
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
s Alf - -
Ra op-.p•nd Green, C airm:n
Carolynn P tru, AICP
Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-18
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110
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 45
1. Pine trees: Remove the six Aleppo Pine trees located on the slope above the
foliage owner's building pad, with the foliage owner's consent, and plant
replacement vegetation as specified in Condition No. 2. Removal constitutes cutting
the trees flush with the ground and leaving the roots in the ground. If the foliage
owner does not grant the authority to remove the six Aleppo Pine trees, then all six
Aleppo Pine trees shall be topped to a height not to exceed 50 feet above the
foliage owner's building pad elevation. The foliage owner shall be responsible to
maintain the foliage in such a manner as to not significantly impair the applicant's
view.
2. Replacement Vegetation: If the foliage owner consents to removing the Pine
trees, then replacement vegetation shall be installed, as recommended by the City
Geologist, in order to maintain surficial slope stability. The replacement foliage shall
be planted in sufficient numbers to cover the area covered by the pine trees. The
size, number and species of vegetation to be planted shall be approved by the
Director of Planning, Building and Code Enforcement. In addition, when at full
maturity, any replacement vegetation planted 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.
3. The applicant at 29500 Highpoint Road 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.
4. The foliage owner 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.
5. The applicant may reduce the scope of the trimming required by this Permit by
V.R. C.Resolution No.97-18
Page 4 of 5
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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.
6. The applicant 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. 3 above. In the event that the applicant
withdraws his/her request in a timely manner, the foliage owner is not required to
perform the work specified by this Permit and this Permit is of no further force and
effect.
7. The foliage owner at 3070 Crownview Drive 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 and 2.
8. The City shall reimburse the foliage owner at 3070 Crownview Drive 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 applicant's trust account.
9. If after 90 days the required work as specified in Condition Nos. 1 and 2 are not
completed, the City of 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.
10. 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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