VRC RES 1997-013 V.R.C. RESOLUTION NO. 97 -13
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 41 TO
TRIM, LACE, TOP AND/OR REMOVE FOLIAGE AT 6364
AND 6390 CHARTRES DRIVE.
WHEREAS, on March 18, 1997, Mr. Neil Watanabe, owner of property located at
30231 Cheret Place (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. Lloyd Philipson at
6364 Chartres Drive and by foliage owned by Dr. and Mrs. Abdolrasool Ebrahimi at 6390
Chartres Drive (herein "the foliage owners"), in the City of Rancho Palos Verdes ("City");
and
WHEREAS, on May 9, 1997, Mr and Mrs. Vincent Viskanta and Dr. Vivan Mah,
owners of property located in the City of Rancho Palos Verdes at 6377 Chartres Drive and
30246 Matisse Drive, respectively, joined Mr. Neil Watanabe's application requesting a
View Restoration Permit ("Permit") to restore the view from their properties that are
significantly impaired by foliage owned by Mr. and Mrs. Lloyd Philipson at 6364 Chartres
Drive and by foliage owned by Dr. and Mrs. Abdolrasool Ebrahimi at 6390 Chartres 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 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 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 applicants at 30231 Cheret Place, 6377 Chartres Drive and 30246
Matisse Drive have a view, as defined by Section 17.02.040 of the City's Development
Code, which includes the Pacific Ocean and Catalina Island.
Section 2; The applicants' viewing areas, as defined by Section 17.02.040 of the
City's Development Code, for the property located at 30231 Cheret Place are from the
kitchen, den, side yard deck and patio and master bedroom; for the property located at
6377 Chartres Drive the viewing areas are from the living room, den and master bedroom;
0 0
and from the living room, dining room and master bedroom/office for the property located
at 30246 Matisse Drive.
Section 3 The applicants located at 30231 Cheret Place and 6377 Chartres Drive
have views that are significantly impaired by five Jacaranda trees on property located at
6364 Chartres Drive, and all three applicants located at 30231 Cheret Place, 6377
Chartres Drive, and 30246 Matisse Drive have views that are significantly impaired by the
foliage on property located at 6390 Chartres Drive as follows: Two pine trees, two
eucalyptus trees, five cypress trees/shrubs, two olive trees and one hedge.
Section 4: The applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve conflicts, as
evidenced by Mr. Neil Watanabe's letters dated March 19, 1997, and the receipts for
certified mail sent to the foliage owners at 6364 and 6390 Chartres Drive. In addition, the
Acknowledgement of View Restoration Request forms were signed for Mr. and Mrs.
Viskanta and for Dr. Mah by the foliage owners located at 6390 Chartres Drive on May 23,
and for Mr. and Mrs. Viskanta by the foliage owners located at 6364 Chartres Drive on May
28, 1997.
Section 51 Based on evidence provided by the applicants, the subject trees at 6364
and 6390 Chartres 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 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. The
applicants' and the foliage owners' properties were created in 1961 and are a part of Tract
Map No. 25106. When created, Tract No. 25106 involved grading, as evidenced by the
geologic and soils investigation reports, and such grading involved removal of all
vegetation on the developed portions of the site. Grading specifications prepared prior to
construction of the home on Lot No. 7 (6364 Chartres, Philipson property) states that"...the
site shall be cleared of all vegetation..." and the geologic investigation for Lot 10 (6390
Chartres, Ebrahimi property) states that"Portions of the site have been graded in the past
as evidenced by paucity of indigenous vegetation on the upper slopes..." Grading, which
involved removal of all vegetation, also occurred on the applicant's properties as evidenced
by the flat building pads, and manufactured 2:1 slopes between the building sites.
Furthermore, photographs provided by the applicants show that there were unobstructed
views from their properties. Photographs taken when the house at 30246 Matisse Drive
V.R. C.Resolution No.97-13
Page 2 of 6
0 0
(Dr. Mah's residence) was under construction in 1974 indicates that there was no foliage
located at 6390 Chartres Drive (Ebrahimi)that exceeded the highest ridgeline. In addition,
the applicant at 30231 Cheret Place provided pictures taken in 1973 that show
unobstructed views of the ocean, coastline and Catalina Island over the property located
at 6364 Chartres Drive. Therefore, based on this evidence, the trees significantly impairing
the applicants' views did not exist, as view impairing vegetation, when the applicants' 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 in that the foliage
on the property located at 6364 Chartres Drive is located in the front yard and does not
provide privacy. At 6390 Chartres Drive, the foliage which provides privacy will not be
removed. Foliage below the level of eaves of the roof provides privacy, 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 6364 and 6390 Chartres Drive.
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
restore the applicant's view.
Section JO; 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 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 6364 and 6390 Chartres Drive to restore the views at 30231 Cheret Place, 6377
Chartres Drive, and 30246 Matisse Drive, as provided in, and subject to, the conditions
outlined in the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 10th day of July 1997.
AYES: BOUDREAU, GOERN, KARMELICH, MARSHALL, SWEETNAM
NOES: CHAIRMAN R. GREEN, A. GREEN
ABSTENTIONS: NONE
V.R.C.Resolution No.97-13
Page 3 of 6
• •
ABSENT: NONE
fi,41.ihtb,tad
Rayl and Green, Cha rman
Carolyn Pe ru, Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-13
Page 4 of 6
4110 .
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 41
1. Foliage at 6364 Chartres Drive: Trim to reduce the crown of the five Jacaranda
trees located in the front yard to a height not to exceed the highest ridgeline of the
primary structure. The foliage owners shall maintain all foliage on their property in
such a manner as to not exceed the height of the highest ridgeline of the primary
structure.
2. Foliage at 6390 Chartres Drive:
a. Front yard: Trim to reduce the crown of all the foliage located in the front
yard (four Cypress trees, and two Olive trees), with the exception of the Pine
tree and Cypress tree #10, to a height not to exceed the highest ridgeline of
the primary structure. The Pine tree and Cypress tree#10 shall be removed
with the foliage owner's consent, otherwise topped to a height not to exceed
the highest ridgeline. If the foliage owner consents to removing the Pine tree
and Cypress tree #10, then replacement vegetation shall be installed. The
size, number and species of replacement vegetation shall be approved by
the Director of Planning, Building and Code Enforcement. 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.
b. Side yard: Trim the height of the hedge to 16 feet as measured from grade
at the base of the hedge.
c. Rear yard: Remove the 75 foot tall eucalyptus tree, with the foliage owner's
consent, otherwise raise the crown to restore the view under the foliage as
viewed from all three applicants' viewing areas. Removal constitutes cutting
the tree flush with the ground and leaving the roots in the ground. In
addition, top the 65 foot eucalyptus tree and the Canary Island Pine tree to
the height of the highest ridgeline of the roof. The foliage owners shall
maintain all foliage on their property in such a manner as to not exceed the
height of the highest ridgeline of the primary structure.
3. 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.
V.R. C.Resolution No. 97-13
Page 5 of 6
0 410
4. 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.
5. 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.
6. 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. 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.
7. The foliage owners at 6364 and 6390 Chartres 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 owners at 6364 and 6390 Chartres 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 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 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.97-13
Page 6 of 6