VRC RES 1997-012 e
•
V.R.C. RESOLUTION NO. 97 -12
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 31 TO
REMOVE AND/OR TOP FOUR (4) TREES AT 5383
ROLLINGRIDGE ROAD.
WHEREAS, on February 18, 1997, Mr. Thomas Chan and Ms. Wai Sing Chow,
owners of property located at 5345 Bayridge 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 their property that is significantly impaired by four (4) trees owned
by Mr. and Mrs. Martin Olson at 5383 Rollingridge Road (herein "the foliage owner"), 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 applicant and the foliage owner on
May 5, 1997, at least 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.
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 5345 Bayridge Road has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the Los Angeles basin, the
coastline from Redondo Beach to Malibu and the Santa Monica and the San Gabriel
Mountains.
Section 2; The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is from the living room, dining room, kitchen and wood deck.
Section a: The applicant's view is significantly impaired by four (4) trees on
property located at 5383 Rollingridge Road as follows: one (1) eucalyptus tree and one
(1) pepper tree near the driveway entrance to the foliage owner's property and one (1)
additional eucalyptus tree and one (1) pine tree on the north facing slope below the foliage
owner's residence
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
letter dated April 26, 1997, and the receipt for certified mail sent to the foliage owner at
T
5383 Rollingridge Road.
Section 5: Based on evidence provided by the applicant, the subject trees at 5383
Rollingridge Road significantly impair the applicant's view. All of the subject trees exceed
16 feet in height(which is lower than the ridgeline of the primary structure) and significantly
impair the protected view from the applicant's viewing area. In addition, the trees exceed
the height of the ridgeline of the foliage owner's primary structure.
Section 6 The subject property is 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 lot from which the view is taken was created. The
applicant's parcel is a part of Tract Map No. 21169 and was created in the mid-1950s.
Geology and soils reports indicate that, when created, Tract Map No. 21169 involved
significant amounts of cut and fill including fill on the north facing slope in the applicant's
rear yard. The foliage owner's lot appears to have been created by grant deed (not
through the provisions of the Subdivision Map Act) and without a title search, Staff is
unable to determine the exact date the lot was created. However, TRW REDI Property
Data indicates that the foliage owner's house was built in 1950, just before the applicant's
lot was created.
While Staff has been unable to determine exactly when the foliage owner's lot was created
nor find geology or soils reports for the foliage owner's property, based on the topography
of the site and a soils investigation report for an adjacent parcel, significant grading and
soil compaction activity occurred on the foliage lot when it was created. Such grading
would have involved removal of all vegetation on the site. The foliage owner's house is
situated on a pad carved into the north facing slope of the Palos Verdes Hills with
manufactured slopes that have a gradient of 1.5:1 above and below the building pad.
Furthermore, on November 18, 1986, a preliminary soils investigation for the adjacent
parcel south of the foliage owner's lot indicated that significant grading occurred on the
foliage owner's parcel when it was created. Therefore, based on this evidence, the trees
significantly impairing the applicant's view did not exist, as view impairing vegetation, when
the applicant's lot was created.
Section 8 Topping, trimming, lacing and/or removing the view impairing trees will
not cause an unreasonable infringement of the privacy of the occupants at 5383
Rollingridge Road in that there is adequate existing foliage that will remain to provide
privacy on the foliage owner's property. In addition, there is a significant difference
between the pad elevations (40 feet) of the residences involved and there are adequate
setbacks between the applicant's and the foliage owner's homes.
V.R.C. Resolution No.97-12
Page 2 of 5
•
Section 9: 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 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 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 four
(4) trees at 5383 Rollingridge Road to restore the views at 5345 Bayridge Road, 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, A. GREEN, CHAIRMAN R. GREEN,
KARMELICH, MARSHALL, SWEETNAM.
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
)1,‘„,
Ray fond Gre- C airman
Carolyn Petru, Director of Planning,
Building & Code Enforcement
V.R. C. Resolution No.97-12
Page 3 of 5
f
• •
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 31
1. The eucalyptus tree located on the slope below the foliage owner's building pad
shall be topped to a height not to exceed the highest ridgeline of the foliage owner's
house and shall be maintained in such a manner.
2. Top and trim the pepper tree and the eucalyptus tree located near the driveway
entrance and the Pine tree located on the slope north of the foliage owner's house
to a height not to exceed the highest ridgeline of the foliage owner's house.
3. The applicant at 5345 Bayridge Road 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.
4. 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.
5. 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.
6. 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. 4 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.
V.R. C. Resolution No.97-12
Page 4 of 5
0 0
7. The foliage owner at 5383 Rollingridge Road 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 except for the work required for the Pine tree which shall occur no
later than 90 days after October 15, 1997, 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 owner at 5383 Rollingridge 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 the required work as specified in Condition Nos. 1 and 2 is not completed within
the time periods stipulated in Condition No 7, then the City of Rancho Palos Verdes
will authorize a bonded tree service to perform the work at the subject properties at
the foliage owner's 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
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.
N:\PLANNING\GUES1WRC\STAFF.RPT\VRC\RESO\RES031.RSO
V. R. C.Resolution No.97-12
Page 5 of 5