VRC RES 1997-005 0 0
V.R.C. RESOLUTION NO. 97 - 5
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 29 TO TOP, TRIM, AND/OR REMOVE
SEVERAL TREES AT 30327 GANADO DR.
WHEREAS, on February 18, 1997, Mr and Mrs. Norbert Keilbach, who own
property located at 3632 Greve Dr., in the City of Rancho Palos Verdes, filed an
application requesting a View Restoration Permit ("Permit") to top, trim and/or remove
several trees on the property located at 30327 Ganado Dr. ("the subject property"), in
the City of Rancho Palos Verdes ("City") owned by Mr. Jon Echevarrieta ("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 t The applicant at 3632 Greve 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, and an outdoor patio
area at the rear of the property from 3632 Greve Dr.
Section 3 The subject property at 30327 Ganado Dr. contains four (4) large
Pine trees, one (1) Ash tree, one (1) Ornamental Plum tree, one (1) Olive tree, one (1)
Scrub Oak tree, that significantly impair the applicant's view.
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Section 4: The applicant has complied with the early neighbor consultation
r process and has shown proof of cooperation on their part to resolve conflicts, as
evidenced by the letter dated February 13, 1997 and receipt for registered mail sent to
the foliage owner at 30327 Ganado Dr.
Section 5: Based on evidence provided by the applicant, the subject trees at
30327 Ganado Dr. significantly impair a substantial portion of the applicant's primary
view. Two (2) Pine trees measure approximately 35 to 40 feet, one (1) Pine tree
measures approximately 60 feet, one (1) Pine tree measures 18-20 feet, the Ash tree
measures approximately 35-40 feet, the Olive tree measures roughly 40-50 feet, the
Ornamental Plum tree measures 20 feet, and the Scrub Oak tree measures roughly 40
to 50 feet tall. 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's and foliage owner's properties were created in 1963
indicating that the subject trees did not exist prior to the establishment of the lots.
Section 8 The recommended topping, trimming, 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 for privacy.
Section 9: Based on the field review of City Geotechnical Consultant Dennis
Hannon, the recommended removal of the subject Pine trees, without replacement of
such foliage, could increase slope erosion. As a result, the City Geotechnical
Consultant has advised that: the Pine tree stumps and the root systems should remain
intact and replacement shrubs shall be planted, as identified in Condition No. 2 of
attached Exhibit "A", to further support the slope.
Section 1 The topping, trimming, and/or removal of the subject trees as
identified in Conditions 1 through 7 of attached Exhibit "A", is necessary in order to
restore the applicant's view.
Section 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).
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Section 12: 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 the three (3) Pine trees,
and the topping and trimming of one (1) Pine tree, one (1) Ash tree, one (1) Ornamental
Plum tree, one (1) Olive tree, and one (1) Scrub Oak tree, in the rear yard at 30327
Ganado Dr. to restore views at 3632 Greve 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.
Ray and Green, Chairman
Carolyn Petru, Director of Planning,
Building & Code Enforcement
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. EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 29
1. Pine Trees No. 1, 2, & 3 : Remove Pine trees No. 1, No. 2, and No. 3, with the
consent of the foliage owner and replace with two 5-gallon trees or shrubs, to be
selected by the foliage owner from a list provided by Staff. However, if the
foliage owner does not grant the authority to remove the trees, then the crowns
of all three trees shall be topped to the level of the applicants pad and
maintained in such a manner.
2. To prevent increased slope erosion, the stumps and the root systems of Pine
trees No. 1, 2, and 3 should remain intact and the area shall be replanted with
Acacia Redolens, or a similar plant species approved by the Director of Planning,
Building and Safety, and Code Enforcement. Any newly planted foliage shall be
maintained at a height that will not impair a view from another property in the
future.
3. Pine Tree No. 4 : Pine tree No. 4 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 3632 Greve Dr., and extending to the ridgeline of
the residence at 30327 Ganado Dr., and maintained in such a manner.
4. Ash Tree : The 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 3632 Greve Dr., and extending to the ridgeline of the
residence at 30327 Ganado Dr., and maintained in such a manner.
5. Olive Tree : The Olive 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 3632 Greve Dr., and extending to the ridgeline of the
residence at 30327 Ganado Dr., and maintained in such a manner.
6. Ornamental Plum Tree : The Ornamental Plum 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 3632 Greve Dr., and extending to
the ridgeline of the residence at 30327 Ganado Dr., and maintained in such a
manner.
7. Scrub Oak Tree : The Scrub Oak 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 3632 Greve Dr., and extending to the ridgeline of
the residence at 30327 Ganado Dr., and maintained in such a manner.
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8. The applicant at 3632 Greve 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.
9. 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 applicants.
10. 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 applicants have chosen to eliminate
would then require an entirely new View Restoration application and fee.
11. The applicant may withdraw their view restoration request and their trust account
funds if the applicants do so within five (5) days after the applicant sends the
three (3) estimates required by Condition No. 8 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.
12. The foliage owner at 30327 Ganado Dr., shall, not later than 90 days after the
approval of the Permit, remove the subject trees on their properties to the extent
required by this Permit, plant the replacement foliage described in Condition No.
2, and shall maintain the vegetation to a height that will not impair a view from
another property in the future as specified in Conditions 1 through 7 inclusive.
13. The City shall reimburse the foliage owner at 30327 Ganado 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.
14. If after 90 days the required work as specified in Conditions 1 through 7 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
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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.
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15. 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.
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