VRC RES 1997-015 •V.R.C. RESOLUTION NO. 97 - 15
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 37 TO
TRIM, LACE, TOP AND/OR REMOVE FOLIAGE AT 30411
AND 30419 GANADO DRIVE.
WHEREAS, on March 18, 1997, Dr. Kenneth Daponte, owner of property located
at 3662 Greve Drive (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. Kenneth Patton, 30411
Ganado Drive, and Mr. Roy Lorenz, 30419 Ganado Drive (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 I The applicant at 3662 Greve Drive has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the ocean, and Catalina Island.
Section 2; The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, for the property located at 3662 Greve Dr. is from the living
room/den, dinning room, bedroom, and rear yard patio.
Section 3; The applicant located at 3662 Greve Dr. has a view that is significantly
impaired by foliage on property located at 30411 and 30419 Ganado 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
Acknowledgement of View Restoration Request that is signed by both foliage owners, and
dated February 9, 1997.
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Section 5; Based on evidence provided by the applicants, the subject trees at
30411 ans 30419 Ganado Drive significantly impair the applicant's 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 applicant's viewing area.
Section 6: The subject 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. All of the
properties that are a part of this application were created in 1963 under Tract No. 27611.
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 Donald
R. Warren Engineers, dated January 23, 1963, state that "the property is currently vacant,
brush covered land descending from Crest Road toeard the ocean..." Additionally, "it is
proposed that the property be developed as a tract of level residential building sites.
Principally, the grading will involve removal of the ridge tops and filling of the central
canyon...." This would indicate that the subject trees could not have been in existence
when the subject lots were created.
Section 8: Removal and trimming of the foliage as recommended by Staff, will not
cause an unreasonable infringement on the privacy of the foliage owners property located
at 30411 Ganado Drive in that the trees currently do not eliminate viewing onto the Patton
property. At 30419 Ganado Drive, the two Monterey Pine trees which provide some
degree of privacy, are recommended to be removed, with the owner's consent. If they
are removed, there may be an infringement on the privacy of the occupants at 30419
Ganado Drive (Lorenz). This impact could be mitigated by replanting the areas with a tree
or shrub that will not grow into the applicant's viewing area.
Section 8 The topping trimming, lacing and/or removal of the subject trees as
identified in Condition Nos. 1 and 2 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: Any 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
V.R.C.Resolution No.97- 15
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with the appropriate appeal fee, no later than fifteen (15) days following, the date of the
View Restoration Commission final action.
Section 12; 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 30411 and 30419 Ganado Drive to restore the view at 3662 Greve Drive, 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 Karmelich , Long , Marshall , Boudreau , Chair R . Green
NOES: None
ABSTENTIONS: None
ABSENT: Commi s s i oners Goern , A. Green , Black , Vice Chair Sweetnam
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Ray ,(nd Green, C airm
Carolyn Pe u, Director of Planning,
Building & Code Enforcement
• V. R.C. Resolution No. 97- 15
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 37
1. Foliage located at 30411 Ganado Drive (Patton Property)
1. Fir Pine: Remove (and replace)with consent of the foliage owner, or top
to the height of the applicant's pad level and maintained as
such.
2. Fir Pine: Remove(and replace)with consent of the foliage owner, or top
to the height of the applicant's pad level and maintained as
such.
3. Aleppo Pine: Remove (and replace)with consent of the foliage owner, or top
to the height of the applicant's pad level and maintained as
such.
2. Foliage located at 30419 Ganado Drive (Lorenz Property)
1. Canary Island Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
2. Canary Island Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
3. Canary Island Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
4. Canary Island Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
5. Canary Island Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
6. Aleppo Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
7. Aleppo Pine: Topped and shaped to the level of the applicant's pad
and and maintained as such.
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8. Aleppo Pine: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such.
9. Aleppo Pine: Remove and replace with the consent of the foliage
owner, or top to the height of the applicant's pad level
and maintained as such.
10. Aleppo Pine: Top to the applicant's pad level and maintained as
such.
11. Myoporum: Top to the applicant's pad level and maintained as
such.
12. Monterey Pine: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such.
13. Monterey Pine: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such.
14. Eucalyptus: Raise the crown by removing the lower 3 feet of foliage
and maintain as such.
15. Eucalyptus: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such..
16. Eucalyptus: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such.
17. Eucalyptus: Remove and replace with consent of the foliage owner,
or top to the height of the applicant's pad level and
maintained as such.
3. The applicant 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 any replacement foliage,
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and the 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 owners shall select a contractor from the estimates provided by the
applicant 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
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.
6. The applicant may withdraw his view restoration request and his trust account funds
if the applicant does so within five (5) days after the applicant sends 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 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 and 2.
8. 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 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/her
discretion, document the restored view for future reference by submitting to the
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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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