VRC RES 1997-008 • V.R.C. RESOLUTION NO. 97-8
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 34 TO
REMOVE AND/OR TOP FOUR (4) PINE TREES AT 15
CAYUSE LANE.
WHEREAS, on February 18, 1997, Mr. Kirttan B. Behera, owner of property located
at 11 Cayuse Lane (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 four (4) pine trees owned by Stacey and Aileen
Matsuura at 15 Cayuse Lane (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
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 1: The applicant at 11 Cayuse Lane has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the Los Angeles basin and the
San Gabriel Mountains.
Section Z: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is from the family room, dining room, kitchen and deck on the
second floor and from an office, converted from a bedroom, on the first floor.
Section 3: There are four(4) pine trees on property located at 15 Cayuse Lane 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
letter dated March 10, 1997, and the receipt for certified mail sent to the foliage owner at
15 Cayuse Lane.
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Resolution No.97-8
V.R.C. Permit No. 34
May 15, 1997
Section 5 Based on evidence provided by the applicant, the subject trees at 15
Cayuse Lane significantly impair the applicant's view. All of the subject trees are
approximately 45-50 feet tall and 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. Based on the
soils compaction report prepared by Pacific Soils Engineering, Incorporated, on March 10,
1965, the subject trees did not exist as view impairing vegetation when the applicant's lot
was created. The compaction report states that "Prior to placement of compacted fill,
vegetation and debris were removed from the site." The pine trees on the Matsuura
property are situated in an area that has previously been graded. They are adjacent to the
flat graded pad behind the foliage owner's garage and are on a partially terraced slope next
to a drainage easement. Grading and soil compaction activity which occurred at the time
the lots were created would have involved the removal of all vegetation in the location of
the subject pine trees.
Section& Removal of the view impairing pine trees will not cause an unreasonable
infringement of the privacy of the occupants at 15 Cayuse Lane in that replacement
vegetation shall be installed to maintain privacy, and there is adequate existing foliage that
will remain to provide privacy between the applicant's property and the foliage owner's
property. Furthermore, there is a significant difference between the pad elevations of the
residences involved and there are adequate setbacks between the applicant's and the
foliage owner's homes.
Section 9 The crowning, topping 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; 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 and/or removal of four (4) pine trees
Draft Resolution
V.R.C.Permit No. 34
May 15, 1997
at 15 Cayuse Lane to restore the views at 11 Cayuse Lane, as provided in, and subject to,
the conditions outlined in the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 15th day • May, 1997.
Ray •nd Green, hal an
Carolyn Petr , Director of Planning,
Building & Code Enforcement
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Resolution No. 97-8
V.R.C.Permit No.34
May 15, 1997
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 34
1. Pine Trees: Remove the four (4) Pine trees located at 15 Cayuse Lane, with the
consent of the foliage owner. Removal constitutes cutting the trees flush with the
ground and leaving the roots in the ground. If the foliage owner does not grant the
authority to remove the trees, then the pine trees 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. Replacement Vegetation: Vegetation shall be installed to screen views into the
windows on the east elevation of the residence located at 15 Cayuse Lane. The
size, number and species of vegetation to be planted shall be approved by the
Director of Planning, Building and Code Enforcement. In addition, when at full
maturity, any vegetation planted for screening purposes shall not exceed the
highest ridgeline of the foliage owner's house and shall be maintained at a height
that will not impair a view from another property. 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.
3. The applicant at 11 Cayuse Lane 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.
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
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Resolution No. 97-8
V.R.C.Permit No.34
May 15, 1997
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. 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 owner at 15 Cayuse Lane shall, no later than 90 days after the approval
of the Permit, 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, inclusive.
8. The City shall reimburse the foliage owner at 15 Cayuse Lane 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 inclusive
is not completed, the City of Rancho Palos Verdes will authorize a bonded tree
service to perform the work at the subject properties 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
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.
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