VRC RES 1997-007 V.R.C. RESOLUTION NO. 97 - 7
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 30 TO TOP, TRIM, LACE AND/OR
REMOVE SEVERAL TREES AT 6403 PARKLYN DR.
WHEREAS, on February 18, 1997, Mr and Mrs. Dean Lowrey, who own
property located at 6402 Seabryn 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 6403 Parklyn Dr. ("the subject
property"), in the City of Rancho Palos Verdes ("City") owned by Mr. and Mrs. Irving
Eisenstein, 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 1, 1997, 30 days in advance of the hearing; and
WHEREAS, on May 1, 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 6402 Seabryn Dr. has 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 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 at the rear of the property from 6402 Seabryn Dr.
Section a: The subject property at 6403 Parklyn Dr. contains one (1) Shamel
Ash, four (4) large Pine trees 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 ACKNOWLEDGEMENT OF VIEW RESTORATION REQUEST form
, 0 0
which was signed and dated by the foliage owner (Irving Eisenstein) at 6403 Parklyn
Dr. on February 16, 1997.
Section 5: Based on evidence provided by the applicant, the subject trees at
6403 Parklyn Dr. significantly impair a portion of the applicant's primary view. One (1)
Shamel Ash tree measures approximately 40-50 feet, two (2) large Pine trees measure
approximately 50-55 feet, and two (2) Pine trees measure roughly 60 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 higher 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 1967
indicating that the subject trees did not exist prior to the establishment of the lots.
Section 8. 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 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 I 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 trimming of the one (1)
Shame) Ash, and the removal of four (4) large Pines, in the rear yard at 6403 Parklyn
Dr. to restore views at 6402 Seabryn Dr., as provided in, and subject to, the conditions
outlined in the attached Exhibit "A".
•
PASSED, APPROVED, AND ADOPTED on the 1st day of May, 1997.
O,
Ra "and Green, Chai an
--r
Carolyn Petr , Director of Planning,
Building & Code Enforcement
i •
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 30
1. Pine Tree: Remove and grind the stumps of the four (4) Pine trees and replace
with one (1) 5-gallon Allepo Pine and one (1) 5-gallon Tangerine tree. The multi-
trunked Pine tree located near the west property line is not subject to this
application and is to remain in place.
2. Shamel Ash Tree : The Shamel Ash tree shall be topped and trimmed from a
point which does not exceed a diagonal line drawn from a point three 3 feet
above the top of the transitional slope at 6402 Seabryn Dr., and extending to the
ridgeline of the residence at 6403 Parklyn Dr., and maintained in such a manner.
3. The applicant at 6402 Seabryn 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.
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. 6 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.
. 0 •
s
7. The foliage owner at 6403 Parklyn Dr., shall, not 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 6403 Parklyn 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.
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 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.
10. 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.
N:\PLANNING\GUEST\VRC\STAFF.RPT\VRC\RESO\RES030.RSO