VRC RES 1997-014 V.R.C. RESOLUTION NO. 97 - 14
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 40 TO TOP, TRIM, LACE AND/OR
REMOVE SEVERAL TREES AT 29865 KNOLL VIEW DR.
WHEREAS, on March 18, 1997, Mr and Mrs. Brian Mazen, who own property
located at 29929 Knoll View Dr., in the City of Rancho Palos Verdes, filed an
application requesting a View Restoration Permit ("Permit") to top, trim, lace and/or
remove several trees on the property located at 29865 Knoll View Dr. ("the subject
property"), in the City of Rancho Palos Verdes ("City") owned by Mr. and Mrs. Ted
Leitner, respectfully ("the foliage owner"); and
WHEREAS, notice of the hearing before the View Restoration Commission
("Commission"), along with copies of the Staff report, were mailed to the applicant and
the foliage owner on June 10, 1997, 30 days in advance of the hearing; and
WHEREAS, on July 10, 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, the View Restoration Commission made all necessary
findings, and approved View Restoration Permit No. 29, directing Staff to revise the
Draft Resolution, and to present the final version for adoption at the regularly scheduled
View Restoration Commission hearing to be held on July 24, 1997; and
WHEREAS, Staff made the necessary revisions to the Draft Resolution, based
on the evidence and testimony presented at the public hearing held on July 10, 1997.
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 29929 Knoll View Dr. has a primary view, as defined
by Section 17.02.040 of the City's Development Code, which includes the Los Angeles
Harbor, the Vincent Thomas Bridge, and City Lights.
Section 2_:_ The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, includes: the master bedroom, living room, dining room,
kitchen and an outdoor patio area at the rear of the property from 29929 Knoll View Dr.
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Section al The subject property at 29865 Knoll View Dr. contains at lease five
(5) Canary Island Pine trees, one (1) Allepo Pine tree, and several densely foliated
shrubs including Acacia, Oleander, and Bougainvillea's that significantly impair the
applicant's view.
Section 4: The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on their part to resolve conflicts, as
evidenced by the Certified letter dated February 24, 1997.
Section 5: Based on evidence provided by the applicant, the subject trees at
29865 Knoll View Dr. significantly impair a portion of the applicant's primary view. Five
(5) Canary Island Pine trees measure approximately 50-60 feet, one (1) Allepo Pine
tree measures approximately 50-60 feet, and several Acacia, Oleander, and
Bougainvillea shrubs measure roughly 10-12 feet. All trees exceed the ridge line of the
primary structure of the foliage owner's property, which is approximately 26 feet in
height as measured from the existing building pad grade. The ridgeline of the primary
structure is located at a lower elevation than the 16 foot elevation measured from the
existing base of each tree.
Section 6; The subject property is located less than one thousand (1,000) feet
from the applicant's property.
Section 7 The applicant and foliage owner properties were created in 1965
indicating that the subject trees did not exist prior to the establishment of the lots.
Section 8: The recommended topping, trimming, and/or removal of the subject
trees will not cause an increased or unreasonable infringement on the privacy of the
foliage owner since the subject trees limit but do not totally eliminate all viewing onto
the foliage owner's property from the applicant's property. As a result, no replacement
shrubs are required.
Section a The topping, trimming, and/or removal of the subject trees as
identified in Condition Nos. 1 through 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).
V.R.C.Resolution No.97-14
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Section 11: Any person aggrieved of this decision or by any portion of this
• decision may appeal a to the CityCouncil. 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, 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
p
View Restoration Commission hereby orders the topping and trimming, of the numerous
Acacia, Oleander, Bougainvillea shrubs, and the two (2) Canary Island Pines (situated
on the 1 1/2:1 slope), the topping, trimming, and/or removal of the Allepo Pine, and the
topping of the two (2) Canary Island Pine trees located adjacent to the north side of the
Pp 9
property foliage at 29865 Knoll View Dr. to restore views at 29929 Knoll View Dr, 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, by the following
vote:
AYES: Commissioners Karmelich, Long, Marshall , Boudreau, Chair R. Green
NOES: None
ABSTENTIONS: None
ABSENT: Commissioners Black, A. Green, Goern, Vice Chair Sweetnam
/ AO/
Ray 'end Green, C -ir a
Cranceis -TA=.,,A
Carolyn Petru, Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-14
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 40
1. Canary Island Pine Nos. 1 and 2 : These trees shall be topped to the level of
the foliage owner's front chimney (located closest to the front of the foliage
owner's property), which is approximately 3 feet above the ridgeline, and
maintained in such a manner.
2. Wall of Acacia, Oleander, Bougainvillea, and any other trees in the view
plane: All shall be topped and trimmed from a point which does not exceed a
diagonal line drawn from the top of the existing 6 foot high chain link fence
(located closest to the foliage owner's residence), and extending to the foliage
owner's front chimney (located closest to the front of the foliage owner's
property), which is approximately 3 feet above the ridgeline, and maintained in
such a manner. If the fence is ever removed, then the foliage shall be topped
and trimmed from a point which does not exceed a diagonal line drawn from a
point six (6) vertical feet above the top of the transitional slope (located East of
the existing drainage swale)at 29865 Knoll View Dr., and extending to the foliage
owner's front chimney (located closest to the front of the foliage owner's
property), which is approximately 3 feet above the ridgeline, and maintained in
such a manner.
3. Canary Island Pine Nos. 3 thru 5: All shall be topped and trimmed from a point
which does not exceed a diagonal line drawn from the top of the existing 6 foot
high chain link fence (located closest to the foliage owner's residence), and
extending to the foliage owner's front chimney (located closest to the front of the
foliage owner's property), which is approximately 3 feet above the ridgeline, and
maintained in such a manner. If the fence is ever removed, then the foliage
shall be topped and trimmed from a point which does not exceed a diagonal line
drawn from a point six (6) vertical feet above the top of the transitional slope
(located East of the existing drainage swale) at 29865 Knoll View Dr., and
extending to the foliage owner's front chimney(located closest to the front of the
foliage owner's property), which is approximately 3 feet above the ridgeline, and
maintained in such a manner.
4. Aleppo Pine Tree : The Aleppo Pine shall be removed with the consent of the
foliage owner. However, if the foliage owner does not grant the authority to
remove the tree, then the crown shall be topped and trimmed to the level of the
foliage owner's front chimney (located closest to the front of the foliage owner's
property), which is approximately 3 feet above the ridgeline, and maintained in
such a manner.
V.R.C.Resolution No.97-14
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5. The applicant at 29929 Knoll View Dr. 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 including installment of the replacement
foliage. 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 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.
7. 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.
8. 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. 5 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 owner at 29865 Knoll View Dr, shall, not later than 90 days after the
Notice of Approval 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
inclusive.
10. The City shall reimburse the foliage owner at 29865 Knoll View Dr, 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.
V.R.C.Resolution No.97-14
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11. If after 90 days the required work as specified in Condition Nos. 1 through 4
inclusive is 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
owner's expense. In the event that the City is required to perform the work at the
foliage owner's 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 their
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 viewing area of both applicants' properties along
with a "Documentation of Existing Foliage" form available at the Planning,
Building & Code Enforcement Department.
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