VRC RES 1998-003 As
V.R.C. RESOLUTION NO. 98 - 03
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 48 TO
TRIM, LACE, REDUCE THE CROWN AND/OR REMOVE
FOLIAGE AT 30511 LUCANIA DRIVE (MIRA CATALINA
ELEMENTARY SCHOOL).
WHEREAS, on April 15, 1997, Mr. Nick Papadakis owner of property located at
3228 Parkhurst 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 his
property that is significantly impaired by foliage owned by the Palos Verdes Peninsula
Unified School District, at 30511 Lucania Drive (Mira Catalina Elementary school (herein
"the foliage owners"), in the City of Rancho Palos Verdes ("City"); and
WHEREAS, notice of the View Restoration Commission ("Commission") hearing,
was mailed to the applicant and the foliage owners on November 4, 1997, 30 days in
advance of the hearing; and
WHEREAS, on December 2, 1997, the City Council directed Staff and the VRC
not to make any new decisions on view restoration applications until the VRC Guideline
revisions were adopted by the Council; and
WHEREAS, on December 4, 1997, as directed by the City Council, the Commission
continued VRP No. 48 to the meeting of March 5, 1998 anticipating the Council's adoption
of the VRC guidelines in February, 1998; and
WHEREAS, on March 5, 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, the foliage owner requested, and was granted a
continuance to the April 2, 1998 public 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 11 The applicant at 3228 Parkhurst Drive has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the ocean and Catalina Island.
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Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, from 3228 Parkhurst Drive is shared from the living room, dining
room, master bedroom, guest bedroom, and from an outdoor patio area.
Section 3 The applicant located at 3228 Parkhurst Drive, has a view that is
significantly impaired by foliage on property located at 30511 Lucania 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, as evidenced by the
attached letter dated March 5, 1997 from Ann N. Chlebicki, Superintendent of Schools,
indicating proof of cooperation in trying to resolve the conflict.
Section 5: Based on evidence provided by the applicant, and on Staff site
investigations, the subject trees at 30511 Lucania Drive, significantly impair the applicant's
view. All of the subject foliage exceeds the ridgeline of the primary structure or 16 feet,
whichever is lower, and significantly impairs the view from the applicant's viewing area.
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. The
applicant's property is Lot 1 of Tract No. 20690 and the foliage property is a part of Tract
25839. Both properties were created around the same time in the late 1950s. Evidence
in the City Geology files indicates that at the time the tract was created, mass grading
which involved removal of all vegetation occurred. Reports submitted by Converse
Engineering Company, dated September 7, 1961, (Exhibit D) state that "the area shall be
stripped of all vegetation and unsuitable material, benched where necessary and scarified
in order to bond with the new material." This would indicate that the subject trees could
not have been in existence when the subject lots were created.
Section & Removal and trimming of the foliage as recommended by Staff, will not
cause an unreasonable infringement on the privacy of the foliage owners in that none of
the view impairing foliage is currently providing privacy on the Mira Catalina Elementary
School Campus. The most significant removal of foliage is proposed to occur at the
entrance to the campus however, no structures or congregating areas would be affected.
Additionally, where trees are proposed to be removed from the fifth grade park area,
sizable box replacements will be replanted. Therefore, removal and trimming of the foliage
will not cause an unreasonable infringement of the privacy of the occupants of the property
upon which the foliage is located.
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Section 9: Trimming, lacing and/or removal of the subject trees as identified in
Condition Nos. 1 through 7 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: Any 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 the date of the
View Restoration Commission final action.
Section 121 Based on the foregoing information, and on the information and
findings included in the Staff report, evidence presented at the public hearing, minutes, and
records of the proceedings, the View Restoration Commission hereby orders the, trimming,
lacing, crown reduction, and/or removal of foliage at 30511 Lucania Drive, to restore the
view from 3228 Parkhurst Drive, as provided in, and subject to, the conditions outlined in
the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 2"d day of April 1998.
AYES: Black, A. Green, R. Green, Kipper, Drages, Sweetnam, Long
NOES: None
ABSTENTIONS: Mueller, Mehlman
ABSENT: McBride
//
Thomas Long, Chai an
J,�- Rojas,
A ng Director of PI ing,
Building & Code Enforcement
V.R. C.Resolution No.98-03
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EXHIBIT"A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 48
1. Italian Stone Pine No. 1: Heavily lace (thin) Italian Pine number 1 so as to restore
the view through the tree. This action should occur during winter months.
2. Italian Stone Pine Nos. 2 & 3: Remove Italian Stone Pine number 2 and 3 with the
consent of the foliage owner. If the foliage owner does not consent to the removal
of the trees, then the crowns shall be reduced so that the overall height of the trees
as measured from the base, does not exceed 20 feet or the top of the Papadakis
building pad, whichever is higher.
3. Canary Island Pine Nos. 3&4: Remove Canary Island Pine number 3 and number
4 with the consent of the foliage owner and replace with two mature 24-inch box
trees. If the foliage owner does not consent to the removal of the trees, then the
crowns shall be reduced so that the overall height of the trees as measured from the
base, does not exceed 20 feet or the top of the Papadakis building pad, whichever
is higher.
4. Canary Island Pine Nos. 1, 2 & 5: Heavily lace (thin) Canary Island Pine number
1, 2 and 5 so as to restore the view through the trees.
5. Maple tree: Reduce the crown of the tree to a point five feet above the highest
ridgeline of the office building.
6. Canary Island Pine Nos. 6 thru 8: Remove Canary Island Pine numbers 6 thru
8 with the consent of the foliage owner and replace with 3 mature, 24 inch box
trees. If the foliage owner does not consent to the removal of the trees, then the
crowns shall be reduced so that the overall height of the trees as measured from the
base, does not exceed 30 feet or the top of the Papadakis building pad.
7. Canary Island Pine Nos. 9 thru 11: Remove with the consent of the foliage owner
and replace with three mature 24-inch box trees, or heavily lace (thin) Canary Island
Pine numbers 9 thru 11 so as to restore the view through the trees.
8. Lacing required pursuant to the above conditions (Condition Nos. 1, 4 and 7) shall
be performed annually (once every year from the date of the initial trimming) at the
expense of the foliage owner, and will be inspected by the City at that time.
9. Any tree or shrub that is removed shall be cut flush to the ground, leaving the root
V.R.C.Resolution No.98-03
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systems in place and grinding out the stumps. Any trees which are trimmed instead
of removed shall be trimmed during the winter months when school is not in
session.
10. The selection of the type of replacement foliage shall be made by the foliage owner
from an approved list of foliage types provided by the Director of Planning, Building
and Code Enforcement or approved by the City arborist.
11. 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.
12. 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.
13. The applicants should, 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.
14. The foliage owners 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. 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.
15. The applicants may reduce the scope of the trimming required by this Permit by
giving the City and the foliage owners written notice of such decision within 30
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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.
16. The applicants 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
estimate required herein. 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.
17. 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 Condition Nos of Approval.
18. The City shall reimburse the foliage owners 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.
19. 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.
20. Subsequent to the trimming or removal of the foliage, Staff will document the
restored view for future reference by submitting to the applicant, foliage owner, and
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.
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