VRC RES 1998-004 . • 4s
V.R.C. RESOLUTION NO. 98 -04
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 55 TO
TRIM FOLIAGE AT 28839 CEDARBLUFF DRIVE.
WHEREAS, on May 6, 1997, Mr. and Mrs. Walter Marshall, owners of property
located at 28817 Cedarbluff Drive (herein "the applicant"), in the City of Rancho Palos
Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore the
view from their property that is significantly impaired by foliage owned by Mr. and Mrs.
Eugene Manson, at 28839 Cedarbluff Drive (herein "the foliage owner"), in the City of
Rancho Palos Verdes ("City"); and
WHEREAS, notice of the View Restoration Commission ("Commission") hearing
was mailed to the applicants and the foliage owners on March 3, 1998, 30 days in advance
of the hearing; and
WHEREAS, on April 2, 1998, after all voting members of the View Restoration
Commission had visited the sites, 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 28817 Cedarbluff Drive has a view, as defined by
Section 17.02.040 of the City's Development Code, of the Pacific Ocean.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is from the living room, kitchen, den and patio.
Section :. The applicant has a view that is significantly impaired by one Silver
Dollar Eucalyptus tree and a cluster/hedge of Myoporum and Pittosporum trees on property
located at 28839 Cedarbluff Drive.
Section 4: The applicant has complied with the early neighbor consultation process
and has shown proof of cooperation on his part to resolve conflicts. On July 22, 1997, the
applicant sent a letter via certified mail to the foliage owner located at 28839 Cedarbluff
Drive.
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Section 5: Based on evidence provided by the applicant, the subject trees at 28839
Cedarbluff Drive significantly impair the applicant's view. All of the subject foliage exceeds
the height of the ridgeline of the primary structure and significantly impairs the view from
the applicant's viewing area.
Section 6 The subject properties are located less than one thousand (1,000) feet
from the applicant's property in that the foliage owner's property adjoins 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. The subject
parcels are a part of Tract No. 27134 and were created in 1963. When created, Tract No.
27134 involved mass grading which included the removal of all existing vegetation. The
grading plan and the Final Geology and Compacted Filled Ground Report for the tract
documents the removal of all vegetation on the foliage owner's property.
Section ft Trimming the foliage as required to restore the applicant's view, will not
cause an unreasonable infringement on the privacy of the foliage owners since windows
on the foliage owner's property will remain screened from view by existing foliage. The
bathroom window facing the applicant's property is approximately 44 feet from the rear
property line; however, only foliage within 36 feet of the rear property line will be trimmed.
Moreover, the bathroom window is also screened by any existing lemon tree that will not
be trimmed nor removed. The north facing master bedroom window on the foliage owner's
house, the top of which is about 7 feet above grade, will continue to be screened from view
by the existing Eucalyptus tree because only portions of the tree greater than 16 feet in
height will be trimmed.
Section 9 Trimming the subject trees as identified in Condition Nos. 1 through 3,
inclusive of attached Exhibit "A", is necessary in order to restore the applicant's view.
Section 101 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 Th 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 trimming of foliage at 28839 Cedarbluff Drive
in order to restore the view at 28817 Cedarbluff Drive, as provided in, and subject to, the
conditions outlined in the attached Exhibit "A".
V.R.C.Resolution No.98-04
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Section 12. Any interested 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 April
2, 1998, the date of the View Restoration Commission final action.
Section 13. For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the View
Restoration Commission hereby approved View Restoration Permit No. 55 subject to the
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
PASSED, APPROVED, AND ADOPTED on the 2"d day of April 1998.
AYES: Black, A. Green, R. Green, Kipper, Mueller, Sweetnam, Long
NOES: None
ABSTENTIONS: Drages, Mehlman
ABSENT: McBride
OF
r
Thomas Long, Chairman
f
Jo tojas
Act g Director of anning,
Building & Code Enforcement
V.R.C.Resolution No. 98-04
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 55
1. Trim the Silver Dollar Eucalyptus tree located near the base of the slope to a height
not to exceed 16 feet, as measured from the base of the tree.
2. Trim the Myoporum hedge planted at the top of the slope and the Pittosporum trees
planted on the face and at the base of the slope to a height not to exceed 3 feet
above the level of the applicant's building pad.
3. The foliage owners shall be responsible to maintain the foliage in such a manner as
to not significantly impair the applicant's view by trimming the foliage specified in
this permit on a semi-annual basis, beginning 6 months after the initial trimming of
the foliage is completed and verified by Staff.
4. If any tree or shrub that is ordered to be culled, laced, or trimmed as specified in this
permit, dies within one year of the initial work being performed due to the
performance of the work, the applicant or any subsequent owner of the applicant's
property shall be responsible for providing a replacement tree or shrub to the foliage
owner. The replacement foliage shall be provided in accordance with the
specifications described in Section V-E of the VRP Guidelines and Procedures.
5. No sooner than one year after the initial trimming is completed, City Staff shall
report to the Commission as to the adequacy of the maintenance schedule, as well
as the foliage owner's ability to maintain the foliage in compliance with these
conditions of approval. The Commission shall consider the Staff report and
determine if a public hearing to amend the conditions is necessary. If the
Commission determines that a hearing is necessary, then a hearing will be held
pursuant to Section V.I. of the VRP Guidelines and Procedures.
6. The applicants shall, not later than 30 days after approval of this permit, present to
the City, at least one itemized estimate to carry out the aforementioned work. Such
estimate is to be supplied by a licensed landscape or licensed tree service
contractor, acceptable to the City, which provides 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 City selected
estimate and such funds shall be maintained in a City trust account until completion
of work.
7. The foliage owners shall select a contractor from the estimate(s) provided by the
applicant or another licensed firm of their choice subject to approval by the City, to
V.R.C.Resolution No.98-04
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perform the required work. However, the foliage owner shall only be reimbursed for
the amount of the lowest bid submitted by the applicant. If the foliage owner
chooses to do the required work himself, then the foliage owner shall not be
compensated from the trust account and the amount in the trust account shall be
refunded to the applicant.
8. 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.
9. The applicant may withdraw the view restoration request and the trust account
funds if the applicant does so within five (5) days after the applicant sends the
estimate required herein. In the event that the applicant withdraws the 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.
10. The foliage owners shall, no 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 these Conditions of Approval.
11. The City shall reimburse the foliage owner 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, an amount not to exceed the amount
of the applicant's trust account.
12. If the required work as specified herein is not completed within the stipulated time
periods, then 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 applicant from the City trust account not later than 30
days after the City completes the work.
13. 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 or View" form available at the Planning, Building & Code
Enforcement Department.
V.R. C.Resolution No.98-04
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