VRC RES 1997-009 Ili lit
'" V.R.C. RESOLUTION NO. 97 - 9
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 28 TO TOP, TRIM, LACE AND/OR
REMOVE SEVERAL TREES AT 2248 SUNNYSIDE RIDGE ROAD.
WHEREAS, on February 18, 1997, Mr and Mrs. Richard Denno, who own
property located at 2256 Sunnyside Ridge Rd., 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 2248 Sunnyside Ridge Rd. ("the
subject property"), in the City of Rancho Palos Verdes ("City") owned by Mr. and Mrs.
Joseph Cotrufo, 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 April 15, 1997, 30 days in advance of the hearing; and
WHEREAS, on May 15, 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 2256 Sunnyside Ridge Rd. has a view, as defined
by Section 17.02.040 of the City's Development Code, which includes the Vincent
Thomas Bridge, the Los Angeles Harbor and the city lights.
Section 2:_ The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, includes: the living room, dining room, kitchen, and an
outdoor patio area located at the rear of the property
Section 3: The subject property at 2248 Sunnyside Ridge Rd,. contains three
(3) multi-trunked Rubber trees, one (1) Avocado tree, one (1) Podocarpus tree, one (1)
multi-trunked Hibiscus tree, one (1) multi-trunked Succulent, and one (1) Unknown tree,
that significantly impair the applicant's view.
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• 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 August 16, 1993, and receipt for registered mail (dated
February 14, 1997) sent to the foliage owner.
Section 5: Based on evidence provided by the applicant, the following trees at
2248 Sunnyside Ridge Rd. significantly impair a portion of the applicant's primary view:
three (3) Rubber trees (30 to 35 feet tall), one (1) Avocado tree (30 to 35 feet tall), one
(1) Podocarpus tree 25 to 30 feet tall), one (1) multi-trunked Hibiscus tree (18 to 20 feet
tall), one (1) multi-trunked Succulent (16 to 18 feet tall ), and one (1) Unknown tree (16
to 18 feet tall). All trees exceed the ridge line of the primary structure of the foliage
owner's property, which is approximately 14 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 1955
indicating that the subject trees did not exist prior to the establishment of the lots.
Section $:_ The recommended topping, trimming, lacing 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 9. The topping, trimming, lacing and/or removal of the subject trees as
identified in Condition Nos. 1 and 6 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 II: Based on statements made at the public hearing by the foliage
owner, the trimming, culling, lacing, or reduction of Rubber tree Nos. 1, 2, and 3 would
not be economically feasible for the foliage owner, and since the foliage owner has
given the consent to remove Rubber tree Nos. 1, 2, and 3, the View Restoration
Commission orders the removal of said trees, as requested.
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Section 12: 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 with the appropriate appeal fee, no later than fifteen (15) days following the
date of the View Restoration Commission final action.
Section la: 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 removal of Rubber tree No. 1, 2, and
3; and the topping, trimming, and or lacing of one (1) Hibiscus tree, the Avocado tree,
the Podocarpus tree, the multi-trunked Succulent tree, and the Unknown tree, in the
rear and side yard at 2248 Sunnyside Ridge Rd. to restore views at 2256 Sunnyside
Ridge Rd., as provided in, and subject to, the conditions outlined in the attached Exhibit
«A„
PASSED, APPROVED, AND ADOPTED on the 19th day of June, 1997, by the
following vote:
AYES: Karmelich, Marshall, Long, Black, Boudreau, Goern, Green
NOES: None
ABSTENTIONS: Sweetnam
ABSENT: R • Green (excused)
of 41/14,,.
Ra and Green, Ch- rman
Carolyn P ru, Director of Planning,
Building & Code Enforcement
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EXHIBIT "A"
• CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 28
1. Rubber Trees No. 1, 2, & 3 : Remove and grind the stumps of Rubber trees
No. 1, 2, and 3. The area where Rubber tree No. 1 is removed, shall be restored
with materials that match the existing deck area, and to the satisfaction of the
Director of Planning, Building and Code Enforcement. Additionally, where
Rubber tree No. 1 is removed, two (2) 10-gallon potted plants, selected by the
foliage owner from a list provided by Staff, shall be replaced. No replacement
shrubs are required on the slope where Rubber trees No. 2 and 3 are being
removed since the slope is not extreme, and since the slope is heavily
landscaped with Ice Plant and other ground cover.
2. Avocado Tree : The Avocado tree shall be topped, trimmed, and shaped to a
height not to exceed the ridgeline of the foliage owner's property, as measured
from its base, and maintained in such a manner. If topping the tree is not
acceptable to the foliage owner, then the tree shall be removed and replaced
with a 10-gallon tree, selected by the foliage owner from a list provided by Staff.
All replacement foliage shall be maintained at a height not to exceed the
ridgeline of the foliage owner's property. All topping, trimming, and shaping shall
occur on an annual basis.
3. Podocarpus Tree : The Podocarpus tree shall be topped, trimmed, and shaped
to a height not to exceed the ridgeline of the foliage owner's property, as
measured from its base, and maintained in such a manner. If topping the tree is
not acceptable to the foliage owner, then the tree shall be removed and replaced
with a 10-gallon tree, selected by the foliage owner from a list provided by Staff.
All replacement foliage shall be maintained at a height not to exceed the
ridgeline of the foliage owner's property. All topping, trimming, and shaping shall
occur on an annual basis.
4. Hibiscus Tree : The Hibiscus tree shall be topped and trimmed to the ridgeline
of the residence at 2248 Sunnyside Ridge Rd., and maintained in such a
manner. All topping, and trimming shall occur on an annual basis.
5. Multi-trunked Succulent Tree : The crown shall be topped and trimmed to the
ridgeline of the residence at 2248 Sunnyside Ridge Rd., and maintained in such
a manner. All topping, and trimming, shall occur on an annual basis.
6. Unknown Tree : The tree shall be topped and trimmed to the ridgeline of the
residence at 2248 Sunnyside Ridge Rd., and maintained in such a manner. All
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topping, and trimming, shall occur on an annual basis.
7. The applicant at 2256 Sunnyside Ridge Rd. 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 the installment of any
required 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.
8. 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.
9. 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.
10. 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. 7 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.
11. The foliage owner at 2248 Sunnyside Ridge Rd., shall, not 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 through 6 inclusive.
12. The City shall reimburse the foliage owner at 2248 Sunnyside Ridge Rd., 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.
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13. If after 90 days the required work as specified in Condition Nos. 1 through 6
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.
14. Subsequent to the topping, trimming, lacing, and/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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