VRC RES 1997-003 11 Ilb
V.R.C. RESOLUTION NO. 97 - 3
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 27 TO REMOVE TWO PINE
TREES AT 2213 VIA VELARIO.
WHEREAS, on March 25, 1991, Mr. Ray F. Campbell ("applicant"), who owns
property located at 6461 Via De Anzar, in the City of Rancho Palos Verdes, filed an
application requesting a View Restoration Permit ("Permit") to remove two Pine trees on
the property located at 2213 Via Velardo ("the subject property"), in the City of Rancho
Palos Verdes ("City") owned by Ms. Betty Burns, respectfully (the foliage owner); and
WHEREAS, all actions of the View Restoration Committee were suspended on
April 18, 1991, due to legal action filed against the City in the Yen et. al vs. Rancho
Palos Verdes; and
WHEREAS, after the suspension of the View Restoration Process was lifted,
notice of a public hearing before the View Restoration Commission, (formerly known as
the View Restoration Committee) along with copies of the Staff report, were mailed to
the applicant, foliage owner and the View Restoration Commission on March 3, 1997,
30 days in advance of the scheduled hearing; and
WHEREAS, on April 3, 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 6461 Via De Anza has a view, as defined by
Section 17.02.040 of the City's Development Code, which includes the Long Beach
Harbor, Los Angeles City Basin, City lights, and the Pacific Ocean.
Section 2; The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, includes the living room and the outside patio.
V.R.C. Resolution No. 97-3
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Section a: The subject property at 6461 Via Velardo contains 2 Allepo 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 his part to resolve conflicts, as
evidenced by the letter dated February 1, 1991 and receipt for certified mail sent to the
foliage owner at 2213 Via Velardo, and the Acknowledgment of View Restoration
Request forms signed by the foliage owner.
Section 5; Based on evidence provided by the applicant, the subject trees at
2213 Via Velardo significantly impair a portion of the applicant's primary view. One
tree measures 40 to 45 feet in height, and the other tree measures 50 to 55 feet in
height. Both trees exceed the ridgeline of the primary structure of the foliage owner's
property, which is approximately 23 feet in height as measured from the building pad.
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 $; The recommended removal of the subject trees will not cause an
increase nor unreasonable infringement of the privacy of the foliage owners since the
subject trees do not currently screen the subject property for privacy.
Section 9 The removal of the subject trees as identified in Condition No. 1 of
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 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 removal of the two subject trees in the
rear yard at 2213 Via Velardo to restore views at 6461 Via De Anzar, as provided in,
and subject to, the conditions outlined in the attached Exhibit "A".
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PASSED, APPROVED, AND ADOPTED on the 1st day of May, 1997.
Air
Ray /id Green, ha. irman
Carolyn Petr , Director of Planning,
Building & Code Enforcement
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 27
1. Remove the two subject Pine trees in the rear yard at 2213 Via
Velardo, cutting them at their base as close to grade as possible, retaining the
root systems, so as to restore the applicant's view.
• 2. To ensure slope stability, prior to the removal of the subject Pine trees, the
applicant shall submit a landscape plan for the landscaping of the
transitional slope, with soil and sub-structure retaining ground cover,
shrubs, and trees, and or other erosion control measures that will not
threaten the applicant's restored view, to the satisfaction of the Director of
Planning, Building and Code Enforcement Department.
3. The applicant at 6461 Via De Anzar shall, not later than 30 days after approval of
this permit, present to the City and to the foliage owners at 2213 Via Velardo, a
minimum of three (3) itemized estimates to remove the subject Pine trees as
described in Condition No. 1, and three (3) itemized estimates for the landscape
work described in Condition No. 2. Such estimates are to be supplied by
licensed landscape and/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 tree removal, landscape plan, landscape work, as well
• as cleanup and removal of debris. In addition, the applicant shall pay to the City
an amount equal to the lowest of the three estimates for removal of the subject
trees and landscape work, separate or combined, and such funds shall be
maintained in a City trust account until completion of work.
4. The applicant may reduce the scope of the work required by this Permit by
giving the City and the foliage owners 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.
5. The foliage owners shall select a contractor from the estimates provided by the
applicant or another licensed firm of their choice subject to approval by the City,
to perform the required work. However, the foliage owners shall only be
reimbursed for the amount of the lowest bid submitted by the applicant.
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6. The applicant may withdraw his view restoration request and his trust account
funds if the applicant does so within five (5) days after the applicant sends the
three (3) estimates required by Condition No. 2 above. In the event that the
applicant withdraws his request in a timely manner, the foliage owners are 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 2213 Via Velardo, shall, not later than 90 days after the
approval of the Permit, remove the subject trees and landscape their
properties 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 Conditions No. 1 and No. 2.
8. The City shall reimburse the foliage owners at 2213 Via Velardo, 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 No. 1 and 2 are not
completed, the City of Rancho Palos Verdes will authorize a licensed landscape
contractor and/or 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 applicant 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/her 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 areas of the applicant's property along with
a "Documentation of Existing Foliage" form available at the Planning, Building &
Code Enforcement Department.
V.R.C. Resolution 97-3
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