VRC RES 1998-001 • I
V.R.C. RESOLUTION NO. 98-1
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 36 TO
LACE AND/OR REMOVE FOLIAGE AT 28508 COVERIDGE
DRIVE.
WHEREAS, on March 18, 1997, Mr. David Wyte, owner of property located at
28417 Covecrest 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 Mrs. Diane Melman, of 28508
Coveridge 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 applicant and the foliage owners' on September 2, 1997, 30 days in
advance of the hearing; and
WHEREAS, on October 2, 1997, 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 November 6, 1997 public hearing; and
WHEREAS, on November 6, 1997, 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, at the direction of the City Council the
hearing was continued to the December 4, 1997 public 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. 36 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, 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:
0 II
Section 1: The applicant has a view, as defined by Section 17.02.040 of the City's
Development Code, which includes the ocean and Catilina Island.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, consists of the living room, den, dinning room, and rear yard
patio area of the property.
Section 3; The applicant's view is significantly impaired by two Canary Island Pine,
and two Monterey Pine trees on property located at 28508 Coveridge 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 letters
dated January 11, 1997, and the receipts for certified mail sent to the foliage owner at
28508 Coveridge Drive.
Section 5: Based on evidence provided by the applicant and observed in the field
by Staff, the subject trees at 28508 Coveridge 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 61 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 was created in 1963 under Tract 27611. The foliage owner's property
was created in 1971 under Tract 28450. A review of the City's 1976 aerial photographs
reveals that there were only a few trees between the foliage owner's lot, (lot#66, and 87),
and the applicant's lot (lot #19). Additionally, the applicant (Mr. Wyte) has provided
photographs taken from his property in 1976 which clearly show that foliage did not exist
on any of the lots at that time.
Section & Removal of the foliage as recommended by Staff, may cause an
unreasonable infringement on the privacy of the foliage owner property located at 28508
Coveridge Drive (Melman) in that the trees are located on a rear yard, gently ascending
slope and currently do provide a privacy screening for the residence. Staff believes that
the removal, with replacement foliage will not cause an unreasonable infringement of the
privacy of the foliage owner.
Section 9:The removal or lacing of the subject trees as identified in Condition No.
1, of attached Exhibit "A", is necessary in order to restore the applicant's view.
V.R.C.Resolution No.98-1
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•
Section 1a: 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 March 5, 1997, 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 removal
of foliage at 28508 Coveridge Drive, to restore the view at 28417 Covecrest Drive, as
provided in, and subject to, the conditions outlined in the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 5th day of March 1998.
AYES: Mueller, A. Green, R. Green, Black, Sweetnam, Long
NOES: McBride
ABSTENTIONS: None
ABSENT: Kipper (excused)
1 /4P —
Thomas Long, Chairman
•el R 4jas7
ctin• D irector of Planni e Building & Code Enforcement
V.R.C.Resolution No.98-1
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 36
1. Foliage at 28508 Coveridge Drive (Melman Property)
Remove Pine tree numbers M1, M2, M3 and M4 with the consent of the foliage
owner, or lace heavily (approximately 60% of each tree crown), the portion of the
trees located at a plane defined by the applicant's pad level, and running to the
ridgeline of the homes across the street from the foliage owner. Such lacing shall
be done annually during the winter months.
2. Pursuant to Section V-A-4 of the VRP Guidelines and Procedures, any tree or shrub
that is removed shall be cut flush to the ground leaving the root systems and stumps
in place.
3. The foliage owner shall be responsible for maintaining the foliage in such a manner
as to not significantly impair the applicant's view by trimming the foliage specified
in this permit on an annual basis, begining 12 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 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.
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7. 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.
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 his view restoration request and his trust account funds
if the applicant does so within five(5) days after the applicant has sent 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.
10. The foliage owner 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 in 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, 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"
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