VRC RES 1999-002 • 0
V.R.C. RESOLUTION NO. 99 - 02
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 66 TO
TRIM AND REMOVE FOLIAGE AT 5224 MIDDLECREST
ROAD .
WHEREAS, on September 30, 1998 Mr. and Mrs. Charles Sutherland, Mr. and
Mrs. Leonard Freeland, and Mr. and Mrs. Charles Unruh, owners of property located at
28802, 28809 and 28812 Crestridge Road, respectively (herein "the applicants"), in the
City of Rancho Palos Verdes, submitted a Notice of Intent to File View Restoration Permit
No. 66 requesting a Pre-application meeting with Mr. and Mrs. Siegfried Emke, the owners
of foliage at 5224 Middlecrest Road, (herein "the foliage owners"), in the City of Rancho
Palos Verdes ("City") to attempt to resolve conflict regarding views the applicants alleged
to be significantly impaired by foliage on Mr. and Mrs. Siegfried Emke's property; and,
WHEREAS, notice of a Pre-application meeting was mailed to the applicants and
the foliage owners on November 4, 1998, at least 5 days in advance of the meeting; and,
WHEREAS, on November 9, 1998, the applicants, foliage owners, View Restoration
Commissioner Thomas Long, and City Staff met to discuss the view restoration process
and to attempt to reach an agreement; and,
WHEREAS, no agreement was reached between the applicants and foliage owners
at the Pre-application meeting, the applicant's filed a formal view restoration application on
December 15, 1998 (Freeland and Unruh) and on January 5, 1999 (Sutherland); and,
WHEREAS, notice of the View Restoration Commission ("Commission") hearing
was mailed to the applicants and the foliage owners on January 28, 1999 at least 30 days
in advance of the hearing; and,
WHEREAS, on March 4, 1999, 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 applicants have a view, as defined by Section 17.02.040 of the
City's development Code, of the Los Angeles basin including downtown Los Angeles, the
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city lights, and the San Gabriel Mountains including Mount Baldy.
Section 2: The best and most important view, as defined by Section 17.02.040 of
the City's Development Code, from 28802 Crestridge Road (Sutherland) is from the
den/family room, from 28809 Crestridge Road (Freeland) the primary view is from the living
room, and from 28812 Crestridge Road (Unruh) the best and most important view is from
the kitchen, dinning room, family room, and patio.
Section 3: The applicant located at 28809 Crestridge Road (Freeland) has a view
that is significantly impaired by one Canary Island Pine tree (Tree No. 2) located on the
foliage owner's property, the applicants located at 28812 Crestridge Road (Unruh) and
28802 Crestridge Road (Sutherland) have views that are not significantly impaired by the
foliage owner's property located at 5224 Middlecrest Road.
Section 4: The applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve conflicts. On
November 9, 1998, all of the applicants and the foliage owner attended a pre-application
meeting with Commissioner Thomas Long and City Staff in an attempt to resolve the
conflict. While no agreement was reached at the pre-application meeting, the foliage
owners agreed to continue to attempt to reach an agreement. In a good faith effort, the
foliage owners trimmed several trees on their property in order to restore the applicant's
views and for general tree maintenance purposes. While the trimming performed by the
foliage owners helped to improve the applicants' views, the view from one of the applicant's
property (28809 Crestridge Road) continues to be significantly impaired.
Section 5: Based on evidence provided by the applicants, the subject trees at
5224 Middlecrest Road significantly impair the view of the applicants located at 28809
Crestridge Road. All of the subject foliage exceeds the height of the ridgeline of the
primary structure on the foliage owner's property 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 applicants' properties in that the subject foliage is located on property adjoining
the applicant's property located at 28812 Crestridge Road and is approximately 270 feet
from the applicant's property located at 28809 Crestridge Road.
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 foliage
owner's parcel is a part of Tract 23399 and the applicants' properties are a part of Tract
No. 23163. Both Tracts were created in the late 1950's. The applicants have submitted
a photograph taken about 1960, shortly after the applicants and the foliage owners parcels
were created, that shows an unobstructed view over the foliage owner's property. The
photograph clearly documents that the subject trees did not exist since the current location
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of the trees is visible in the photograph.
Section 8: Trimming and removal of the foliage on the foliage owner's property as
ordered herein, will not cause an unreasonable infringement on the privacy of the foliage
owner because only the portion of one tree higher than 44 feet above the tree owner's
building pad level will be trimmed. That portion of the tree to be trimmed does not provide
privacy for the foliage owners because of its height. Therefore, trimming or removal of the
foliage will not cause an unreasonable infringement on the privacy of the foliage owner.
Section 9: Trimming the subject tree as identified in the attached Conditions of
Approval (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: 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 5224 Middlecrest Road
in order to restore the view at 28809 Crestridge Road, 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 March
4, 1999, 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 approves View Restoration Permit No. 66 subject to the
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
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PASSED, APPROVED, AND ADOPTED on the 4th day of March 1999.
AYES: Black, Cordova, Drages, Kipper, McBride
NOES: Mueller, Sweetnam
ABSTENTIONS: Mehlman, Long
ABSENT: Green
/
Marianne Kipper, Cha'
411k
Joel Re J'as, AICP
nirect'r of Planni •
Bui •ing & Code forcement
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III III
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 66
1. Canary Island Pine Tree No. 2: Trim the tree to a level not to exceed the building
pad level of the property located at 28812 Crestridge Road or, remove if consent
to remove is given by the foliage owner. Removal constitutes cutting the tree flush
with the ground leaving the root system in the ground. If the foliage owner consents
to removal, then two, 24-inch box trees shall be replanted at the applicants
expense. The replacement foliage shall not exceed the building pad level of the
property at 28812 Crestridge Road (Unruh) when at full maturity and shall be
maintained by the foliage owner in such a manner as to not impair the applicants'
views. 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.
2. The foliage owner 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 an annual basis, beginning one year after the initial trimming of the
foliage is completed and verified by Staff.
3. If any tree that is trimmed dies within one year of the initial work being performed
due to the performance of the work, then the applicants or any subsequent owner
of the applicants' properties 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.
4. 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.
5. 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
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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 accepted
estimate and such funds shall be maintained in a City trust account until completion
of work.
6. 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
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.
7. 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.
8. 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.
9. The foliage owners shall, no later than 90 days after the Notice of Approval (First
Notice) is mailed, remove the tree specified in Condition No. 1 if they consent to
removal. However, if the applicant does not consent to removal of the tree, then
within 90 days of November 1, 1999, the foliage owner shall complete the trimming
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.
10. 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.
11. 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
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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.
12. 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.
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