VRC RES 1997-017 s
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V.R.C. RESOLUTION NO. 97 - 17
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 44 TO
TRIM, LACE, TOP AND/OR REMOVE FOLIAGE AT 5320,
5331, 5337 AND 5343 MANITOWAC DRIVE.
WHEREAS, on March 18, 1997, Mr. and Mrs. Edward Forgeron and Ms. Helen
Chavanne, owners of property located at 5313 Littlebow and 5303 Littlebow Road,
respectively, (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. Douglas Purinton, at 5320
Manitowac; by Dr. Greg Schraff, at 5331 Manitowac; by Mr. Ivan Lamos, at 5337
Manitowac; and by Dr. David Kim, at 5343 Manitowac (herein "the foliage owners"), 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 applicants and the foliage owners
on June 24, 1997, 30 days in advance of the hearing; and
WHEREAS, on July 24, 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 5313 and 5303 Littlebow Road have a view, as
defined by Section 17.02.040 of the City's Development Code, which includes the city
lights, Redondo Beach, and the Santa Monica Bay.
Section 2: The applicants' viewing areas, as defined by Section 17.02.040 of the
City's Development Code, for the property located at 5313 Littlebow are from the kitchen,
family room/den, dinning room, kitchen and rear yard patio; and for the property located
at 5303 Littlebow Road the viewing areas are from the living room, den, kitchen and
outdoor patio area.
Section a: The applicants located at 5313 and 5303 Littlebow Road have views
that are significantly impaired by foliage on property located at 5320, 5331, 5337, and 5343
Manitowac Drive.
Section 4: The applicants have complied with the early neighbor consultation
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process and have shown proof of cooperation on their part to resolve conflicts, as
evidenced by letters dated March 19, 1997, and the receipts for certified mail sent to the
foliage owners at 5320 5331, 5337 and 5343 Manitowac Drive. Foliage owner's Schraffs
claimed to have receive late notice of the subject application, but were not prejudiced by
any such late notice.
Section 5: Based on evidence provided by the applicants, the subject trees at
5320, 5331, 5337, and 5343 Manitowac Drive significantly impair the applicants' view. All
of the subject foliage exceeds the ridgeline of the primary structure or 16 feet, whichever
is lower, and significantly impairs the view from the applicants' viewing areas.
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 views did not exist, as view
impairing vegetation, when the lots from which the views are taken were created. All of the
properties that are a part of this application were created in 1956 under Tract No. 21351.
Evidence in the City Geology files indicate that at the time the tract was created, mass
grading which involved removal of all vegetation occurred. Reports submitted by Converse
Engineering Company, dated September 7, 1961, (Exhibit D) state that "the area shall be
stripped of all vegetation and unsuitable material, benched where necessary and scarified
in order to bond with the new material." This would indicate that the subject trees could
not have been in existence when the subject lots were created.
Section$1 Removal and trimming of the foliage as recommended by Staff, will not
cause an unreasonable infringement on the privacy of the foliage owners in that the foliage
which provides privacy will remain on the slope between the applicants' properties and the
foliage owner's property located at 5320 Manitowac Drive. The foliage on all of the other
properties is primarily in the front yard and does not provide privacy. Foliage in the rear
yard will not be trimmed below the height of the ridgeline. Therefore, removal and 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.
Section 9: The topping trimming, lacing and/or removal of the subject trees as
identified in Condition Nos. 1, 2, 3, and 4 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 11: Based on the foregoing information, and on the information and
V.R. C.Resolution No.97-17
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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 5320, 5331, 5337 and 5343 Manitowac Drive to restore the views at 5313 and
5303 Littlebow Road, as provided in, and subject to, the conditions outlined in the attached
Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 24th day of July 1997.
AYES: Commissioners Boudreau, Karmel i ch, Marshall , Long
NOES: None
ABSTENTIONS: Chair R. Green
ABSENT: Commissioners Black, Goern, A. Green, Vice Chair Sweetnam
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Ray- •nd Green, C'
eicg'\Ce.--rose,./e?sti.xx,
Carolyn Petru, Director of Planning,
Building & Code Enforcement
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 44
1. Foliage at 5320 Manitowac Drive:
a. Raise the crown of the Aleppo Pine tree located on the slope near the west
property line. All branches between the pad elevation of the applicant's
property located at 5313 Littlebow and a height approximately ten feet above
said pad elevation shall be removed.
b. The Twisted Juniper tree located in the front yard shall be trimmed to a
height not to exceed the highest ridgeline.
c. Unknown tree number one, located in the front yard next to the Cypress tree,
shall be cut flush with the ground, with the owner's consent, otherwise
topped and shaped to a height not to exceed the highest ridgeline.
d. Unknown tree number two located in the rear yard near the west corner of
the residence, shall be topped and trimmed so that the foliage does not
exceed a point taken two feet above the elevation of the building pad of the
applicant's property located at 5313 Littlebow (Forgeron) to the ridgeline of
the foliage owner's residence.
e. The Lemon, and Orange trees and the shrubs next to the fruit trees shall
also be topped and trimmed to a level 3 feet above applicant Forgeron's pad
level.
f. The shrubs located near the southeast corner of the foliage owner's property
shall be topped and trimmed to a height not to exceed the building pad
elevation of the property at 5303 Littlebow Road (Chavanne).
2. Foliage at 5331 Manitowac Drive:
a. The portions of the Pine tree located in the rear yard that are above the
height of the highest ridgeline shall be trimmed and heavily laced during the
months of November, December, or January.
b. The Monterey Cypress located near the front-left (northwest) corner of the
residence shall be trimmed approximately 20 percent so that the crown has
a diameter of approximately 13 feet during the months of November,
December, or January. The height of the tree shall not be reduced.
c. Remove the Pine tree located in the front yard, with the consent of the
foliage owner or, top to a height not to exceed the highest ridgeline.
d. Remove the Ficus tree located in the southeast side yard, with the consent
of the foliage owner or, top to a height not to exceed the highest ridgeline.
V.R.C.Resolution No.97-17
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3. Foliage at 5337 Manitowac Drive:
a. Remove the Palm tree with the foliage owner's consent.
b. Top the Yucca tree to a height not to exceed the highest ridgeline.
4. Foliage at 5343 Manitowac Drive:
Top and trim to a height not to exceed the pad elevation of the Forgeron Property
or 26 feet the Olive tree, the Podocarpus tree and the Cypress tree.
5. 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.
6. 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.
7. The applicants may reduce the scope of the trimming required by this Permit by
giving the City and the foliage owners 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.
8. 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. 7 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.
9. 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 4.
10. The City shall reimburse the foliage owners from the City's trust account, not later
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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.
11. If after 90 days the required work as specified in Condition Nos. 1 through 4 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.
12. Subsequent to the trimming or removal of the foliage, the applicants may, at there
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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