VRC RES 1998-002 . .. . do 1110
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V.R.C. RESOLUTION NO. 98 -02
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 50 TO
TRIM, LACE AND REMOVE OR TOP FOLIAGE AT 30127
AND 30137 AVENIDA TRANQUILA.
WHEREAS, on May 6, 1997, Mr. and Mrs. Stephen Cangemi, owners of property
located at 30130 Avenida Tranquila (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.
Walker, at 30137 Avenida Tranquila and Mr. and Mrs. Miao, at 30127 Avenida Tranquila
(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 applicants and the foliage owners on October 4, 1997, at least 30 days
in advance of the hearing; and
WHEREAS, on March 5 and 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 1: The applicant at 30130 Avenida Tranquila 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, dining room, master bedroom and deck.
Section 3: The applicant has a view that is significantly impaired by two Eucalyptus
trees and two Ash trees on property located at 30137 Avenida Tranquila and by one
Jacaranda tree, two Melaleuca trees and three Cypress trees on property located at 30127
Avenida Tranquila.
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 May 3, and 8,
1997, the applicant sent a letter via certified mail to the foliage owners located at 30137
and 30127 Avenida Tranquila, respectively.
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Section 5: Based on evidence provided by the applicant, the subject trees at 30127
and 30137 Avenida Tranquila 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.
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. 27902 and were created in 1964. When created, Tract No.
27902 involved mass grading which included the removal of all existing vegetation. A copy
of a portion of the grading plan and the Final Geology and Compacted Filled Ground
Report documents the removal of all vegetation.
Section 8: Trimming the foliage as required to restore the applicant's view, will not
cause an unreasonable infringement on the privacy of the foliage owners in that there are
unobstructed views into the front yard and all the windows facing the street of the foliage
owner's house located at 30137 Avenida Tranquila. The views are unobstructed because
the house is five feet below the street level and the foliage on the trees is high enough to
allow view under the foliage.
Removing the Melaleuca trees and trimming the Jacaranda and Cypress trees will not
cause infringement of the foliage owner's privacy located at 30127 Avenida Tranquila for
the following reasons: 1) replacement vegetation will preserve the privacy which is
provided by the northerly Melaleuca tree (tree #3), 2) only the portions of the Jacaranda
and Cypress trees which are above the height of the ridgeline will be removed, 3) view of
the residence is screened primarily by a wall in the front yard and by low growing ferns and
shrubs under the trees, and 4) the main entrance to the house and the windows facing the
street are behind the wall in the front yard and are on the opposite side of the courtyard
behind the wall. Therefore, trimming the trees will not cause unreasonable infringement
of the privacy of the foliage owner.
Section 9 Trimming the subject trees as identified in the attached Exhibit "A", is
necessary in order to restore the applicants' 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).
V.R.C.Resolution No.98-02
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Section it. 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 30127 and 30137
Avenida Tranquila to restore the view at 30130 Avenida Tranquila, as provided in, and
subject to, the conditions outlined in the attached Exhibit "A".
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. 50 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 2nd day of April 1998.
AYES: Black, A. Green, Mueller, Sweetnam, Long
Kipper, Mehlman
NOES.
ABSTENTIONS: R. Green, Drages
ABSENT: McBride
Thomas Long, Chairman
J c el R•jas, 11
A• ' • Director of PI. ping,
Building & Code Enforcement
V.R.C.Resolution No.98-02
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 50
Foliage on property located at 30137 Avenida Tranquila (Walker Property)
shall be trimmed, and/or removed as follows:
1. Foliage on the Ash tree (labeled No. 1) shall be raised so that view, from the
applicant's viewing area, under the foliage is restored (approximately 30 feet above
the base of the tree). This shall be accomplished by only removing branches
approximately 3" (three-inches) or less in diameter.
2. Remove the Ash tree (labeled No. 2) with the foliage owner's consent. Removal
constitutes grinding out the stump, backfilling and leveling the ground in the location
of the tree. If the foliage owner consents to removal, then one 24 inch box
replacement tree shall be replanted at the applicant's expense. The replacement
tree shall not exceed the height of the foliage owner's roof ridgeline when at full
maturity and shall be maintained by the foliage owner in such a manner as to not
impair the applicant's view. 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.
If the foliage owner does not consent to removal of the tree, then the crown shall be
raised so that view, from the applicant's viewing area, under the foliage is restored
(approximately 30 feet above the base of the tree). Raising the crown shall be
accomplished by removing several horizontal branches, a few of which may be 4-
inches or so in diameter, some of the more vertical branches should be removed.
These generally lower off-shoots whose upper branching is in the zone of view
impairment. There are approximately three of these, and each is about six-inches
in diameter. The overall form of the tree shall remain.
3 The Eucalyptus tree (No. 3) has been topped at about 30 feet above grade. The
only foliage is adventitious growth (suckering) which is weakly attached. The tree
is clinically dead. If the growth is removed, the trees will surely die; if it remains,
it will break and could be hazardous. Therefore, this tree shall be removed, with the
foliage owner's consent, and replaced with an appropriate species. Removal
constitutes grinding out the stump, backfilling and leveling the ground in the location
of the tree.
If the foliage owner consents to removal, then one 15 gallon replacement tree or
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If the foliage owner consents to removal, then one 15 gallon replacement tree or
shrub shall be replanted at the applicant's expense. The replacement foliage shall
not exceed the height of the foliage owner's roof ridgeline when at full maturity and
shall be maintained by the foliage owner in such a manner as to not impair the
applicant's view. 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.
If the foliage owner does not consent to removal, then the tree shall be topped to
a height not to exceed the highest ridgeline of the foliage owner's house.
4 The Eucalyptus tree (No. 4) has been topped at about 30 feet above grade. The
only foliage is adventitious growth (suckering) which is weakly attached. The tree
is clinically dead. If the growth is removed, the trees will surely die; if it remains, it
will break and could be hazardous. Therefore, this tree shall be removed, with the
foliage owner's consent, and replaced with an appropriate species. Removal
constitutes grinding out the stump, backfilling and leveling the ground in the location
of the tree.
If the foliage owner consents to removal, then one 15 gallon replacement tree or
shrub shall be replanted at the applicant's expense. The replacement foliage shall
not exceed the height of the foliage owner's roof ridgeline when at full maturity and
shall be maintained by the foliage owner in such a manner as to not impair the
applicant's view. 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.
If the foliage owner does not consent to removal, then the tree shall be topped to
a height not to exceed the highest ridgeline of the foliage owner's house.
Foliage on property located at 30127 Avenida Tranquila (Miao Property) shall
be trimmed, laced and/or removed as follows:
5. The Jacaranda tree (labeled No. 1) shall be trimmed to the height of the highest
ridgeline of the roof at 30127 Avenida Tranquila. This tree is young enough that
pruning will not be drastic. Proper pruning can train this tree and minimize future
maintenance.
6. The Melaleuca tree (labeled No. 2) shall be removed with the foliage owner's
consent, otherwise topped to the height of the highest ridgeline of the roof at 30127
Avenida Tranquila. The tree is too large for the planting location, and is causing
pavement damage. Although it would survive topping, the root damage can only
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increase.
Removal constitutes grinding out the stump, backfilling and leveling the ground in
the location of the tree. If the foliage owner consents to removal, then one 15 gallon
replacement tree or shrub shall be replanted at the applicant's expense. The
replacement foliage shall not exceed the height of the foliage owner's roof ridgeline
when at full maturity and shall be maintained by the foliage owner in such a manner
as to not impair the applicant's view. 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.
7. The Melaleuca tree (labeled No. 3) shall be removed with the foliage owner's
consent, otherwise topped to the height of the highest ridgeline of the roof at 30127
Avenida Tranquila. Crown reduction or topping will be only a temporary cure.
Removal constitutes grinding out the stump, backfilling and leveling the ground in
the location of the tree. If the foliage owner consents to removal, then one 24 inch
box replacement tree or shrub shall be replanted at the applicant's expense. The
replacement foliage shall not exceed the height of the foliage owner's roof ridgeline
when at full maturity and shall be maintained by the foliage owner in such a manner
as to not impair the applicant's view. 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.
8. The three Cypress trees (labeled Nos. 4, 5, and 6) shall be trimmed to the highest
ridgeline of the roof at 30127 Avenida Tranquila. These trees must be judiciously
pruned to retain their natural conical form. They are a hardy variety, and health,
and can withstand severe pruning. The trees should be tipped back and "drop
crotched" to natural leaders, with no more than 20% of the crown removed.
9. 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 all of the foliage specified
in this permit on an annual basis, beginning one year after the initial trimming of the
foliage is completed and verified by Staff.
10. 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
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specifications described in Section V-E of the VRP Guidelines and Procedures.
11. 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 to 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.
12. The applicant 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.
13. 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.
14. 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 in a City 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.
15. 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.
16. 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
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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.
17. 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.
18. 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.
19. 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.98-02
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