VRC RES 2001-005 .4 •
VRC RESOLUTION NO. 2001-05
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 110 TO TRIM FOLIAGE AT
6914 Brookford Drive
WHEREAS, on April 24, 2001, Mr. and Mrs. Walter C. Wey, owner of property located
at 28113 Ambergate 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 Vincent J. Pavelock and Patricia E.
Kennedy at 6914 Brookford Drive (herein "the foliage owners"), in the City of Rancho Palos
Verdes ("City"); and,
WHEREAS, notice of the View Restoration Commission ("Commission") hearing, along
with copies of the Staff report, were mailed to the applicant and the foliage owners,
WHEREAS, on November 1, 2001, after all voting members of the View Restoration
Commission had visited the site, 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 28113 Ambergate 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 primary viewing area, as defined by Section 17.02.040 of the
City's Development Code, is from the kitchen, family room and patio/rear yard area.
Section 3: The applicant's view is significantly impaired by one Eucalyptus tree, two
Willow trees, and one Oleander hedge on property located at 6914 Brookford Drive
(Pavelock/Kennedy property).
Section 4: The applicant has complied with the early neighbor consultation process and
has shown proof of cooperation on his part to resolve conflicts.
Section 5: Based on evidence provided by the applicant, the subject trees at 6914
Brookford Drive significantly impair the applicant's view. All of the subject foliage exceeds the
ridgeline of the primary structure and significantly impairs the view of the ocean 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 subject parcel is lot no.
• •
11 of tract 25109, and was created in or about 1962. The applicant's lot, no. 7 of tract 25108, is
dated 1963. When created, the entire section of the foliage owner's area involved mass
grading, which included the removal of all existing vegetation. A copy of a portion of the Final
Report on Controlled Compacted Filled Ground documents the removal of all vegetation. This
would indicate that any trees that were present on the site in 1962 were removed when the mass
grading for the tract occurred and therefore, were not view-impairing foliage when the
applicant's lot was created.
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 views into the
back yard and all the windows of the foliage owner's house located at 6914 Brookford Drive are
obstructed because the house is approximately ten feet below the pad level of the applicant's
viewing area and the foliage on the trees will be low enough to allow view over the foliage.
Removing some of the eucalyptus tree and trimming the willow trees down will not cause
infringement of the foliage owner's privacy located at 6914 Brookford Drive for the following
reasons: 1) only the upper portion of eucalyptus tree on the foliage owners property will be
removed, and this tree currently does not provide any privacy because it is above ridge line
level, 2) view of the residence is sheltered by a slope that ends beneath approximately 10 feet
below the pad level of the applicant's viewing area so that only the roof is seen, and 3)view of
the residence in back is screened primarily by a chain link fence and a foliage on the applicant's
lot. Therefore, trimming the trees will not cause unreasonable infringement of the privacy of the
foliage owners.
Section 9: The trimming or removal of the subject trees as identified in the 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: Section 1094.6 of the California Code of Civil Procedure governs the time
within which the judicial review of the decision reflected in this Resolution, if available, must be
sought.
Section 12: 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 approves View Restoration Permit No. 110, and orders the trimming of foliage at
6914 Brookford Drive to restore the view at 28113 Ambergate Drive as provided in, and subject
to, the conditions outlined in the attached Exhibit"A", which are necessary to protect the public
health, safety and welfare.
W:\VIEW RESTORATION\VRP CASES\100-110\110-WEY\RESOLUTION2001.DOC DOC
40 4111
PASSED, APPROVED, AND ADOPTED on the 1 rst day of November 2001
AYES: Chair Alberio, Commissioner Slayden, Commissioner Drages, Commissioner
Franklin, and Commissioner Dyda
NOES:Commissioner Monks and Commissioner De Moraes
ABSTENTIONS: Commissioner Weber and Commissioner Ginise
ABSENT: Commissioner Iseda
Gilbert Alberio, Chairman
LAILpay4.44.5
• - i o as, •.
Dire tor of Planning, Building & Code Enforcement
W:\VIEW RESTORATION\VRP CASES\100-110\110-WEY\RESOLUTION2001.DOC.DOC