VRC RES 1997-016 0 0
V.R.C. RESOLUTION NO. 97 -16
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 39 TO
TRIM, LACE, TOP AND/OR REMOVE FOLIAGE AT 2565,
2570, AND 2572 COLT ROAD.
WHEREAS, on March 18, 1997, Mr. Del Beisell, owner of property located at 2608
Colt 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 his property that
is significantly impaired by foliage owned by Mr. and Mrs. Donald Kunkle at 2565 Colt
Road, by foliage owned by Mr. and Mrs. Charles Keranen at 2570 Colt Road and by foliage
owned by Dr. William Neal at 2572 Colt Road (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 applicant at 2608 Colt Road has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the Los Angeles Harbor, the
Vincent Thomas Bridge the Pacific Ocean and the city lights.
Section 2; The applicant's viewing areas, as defined by Section 17.02.040 of the
City's Development Code, is from the living room, dining room and rear yard patio.
Section 3; The applicant located at 2608 Colt Road has a view that is significantly
impaired by five Pine trees located at 2565 Colt Road; one Pine tree located at 2570 Colt
Road; and, two Pine trees, three Eucalyptus trees, one Jacaranda tree, one Ficus tree and
a cluster of 18 to 20 other trees (including Ficus and Myoporum trees) located at 2572 Colt
Road.
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 Mr.
Del Beisell's letter dated March 21, 1997, and the receipts for certified mail sent to the
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foliage owners at 2565, 2570 and 2572 Colt Road.
Section 5 Based on evidence provided by the applicant, the subject trees at 2565,
2570 and 2572 Colt Road significantly impair the applicant's view. All of the subject foliage
exceeds the height of the ridgeline of the primary structure on the property on which it is
located or 16 feet, whichever is lower, and significantly impairs the view from the
applicant's viewing areas.
Section 6: The subject foliage properties are 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 lots from which the views are taken were created. The
parcel at 2565 Colt Road is Lot 1 of Tract No. 19518 and was created in the late 1950s.
The grading plan and Compacted Fills Report prepared on December 7, 1959 by
International Testing Corporation indicates that when the subdivision was created, mass
grading involving the removal of all native vegetation occurred. In addition, the applicant's
lot and the lots at 2570 and 2572 Colt Road were created at the same time and contain
graded building pads which involved removal of vegetation. Soils Engineering and
Geologic Investigation reports prepared by H. C. Nikola Associates and James E. Slosson
and Associates, Consulting Geologist, indicate that a 30 to 50 foot wide level area was
graded adjacent to Colt Road and the level areas of the lot are primarily in bedrock.
Notching large flat areas into the hillside down to bedrock would involve removal of the
topsoil and vegetation.
Section $.i 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
to be removed or topped on the property located at 2565 Colt Road is located in the front
yard and does not provide privacy. Furthermore, a solid three-foot block wall located in the
front yard screens views from the street and adjacent properties into the front yard. Said
wall is located at the top of a slope which varies in height from two feet to eight feet. The
Pine tree located at 2570 Colt Road does not provide privacy and the foliage located at
2572 Colt Road which provides privacy will not be removed. The 30 foot Ficus tree near
the southwest corner of the foliage owner's house at 2572 Colt Road provides privacy for
the pool area; therefore, it shall not be topped to a height lower than five feet above the
highest ridgeline. All other foliage on the property located at 2572 Colt Road provides
privacy below the level of the eaves of the roof, but only foliage above the highest ridgeline
of the roof will be trimmed; therefore, there will not be an infringement of the privacy of the
occupants at 2565, 2570 and 2572 Colt Road.
Section 9 The topping trimming, lacing and/or removal of the subject trees as
identified in Condition Nos. 1, 2 and 3 of attached Exhibit "A", is necessary in order to
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restore the applicant's view.
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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 11: 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 2565, 2570 and 2572 Colt Road in order to restore the views at 2608 Colt 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: BOUDREAU , CHAIRMAN GREEN , KARMEL I CH , LONG , MARSHALL
NOES: NONE
ABSTENTIONS: NONE
ID
ABSENT: BLACK , GOERN , A. GREEN , SWEETNAM
yrima-X)
Raym Ind Green, Cha man
Carolyn Pet , Director of Planning,
Building & Code Enforcement
V.R. C.Resolution No.97-16
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 39
1. Foliage at 2565 Colt Road: Cut flush with the ground five Pine trees, with the
owner's consent, otherwise top to a height not to exceed the highest ridgeline of the
roof of the primary structure on the foliage owner's property. The five Pine trees to
be cut are as follows: the three Pine trees located east of the driveway apron on
the slope between the roadway and the block wall and the two smaller Pine trees
located east of the driveway in the front yard.
2. Foliage at 2570 Colt Road: Cut flush with the ground the approximately 50-foot
Pine tree located in the rear yard, with the owner's consent, otherwise top to a
height not to exceed the highest ridgeline of the residence on the adjacent property
at 2572 Colt Road (Neal).
3. Foliage at 2572 Colt Road: Raise the crown of the two Eucalyptus trees located
in the front yard west of the driveway so that views under the foliage are restored.
In addition, top to a height not to exceed the highest ridgeline of the primary
structure the Jacaranda tree and the Eucalyptus tree located in the front yard east
of the driveway, and the dense linear cluster of about 18 to 20 Ficus, Myoporum
and other trees located along the west property line. The 30 foot Ficus tree located
near the southwest corner of the primary structure shall be topped to a height not
to exceed five feet above the highest ridgeline of the primary structure and shall be
maintained at a width no greater than 12 feet. Lastly, heavily lace the two Pine
trees, located on the east side of the residence. Only the portions of the Pine trees
above the highest ridgeline shall be laced.
The foliage owners shall maintain all foliage on their property in such a manner as
to not significantly impair the applicants' views.
4. 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.
5. The foliage owners shall select a contractor from the estimates provided by the
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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.
6. 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.
7. 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. 6 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 owners at 2565, 2570 and 2572 Colt Road shall, no later than 90 days
after the applicant complies with Condition No. 6 above, 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, 2 and 3.
8. The City shall reimburse the foliage owners at 2565, 2570 and 2572 Colt Road
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, 2 and 3 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 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.
V.R.C.Resolution No.97-16
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