VRC 2002-006 r
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V.R.C. RESOLUTION NO. 2002 - 06
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 112 TO TRIM, REMOVE,
OR LACE FOLIAGE AT 2462 RUE LE CHARLENE.
WHEREAS, on May 1, 2001 Joanne Babros and Ray Cobb, owner of properties
located at 2455 and 2459 Rue Le Charlene (herein "the applicants"), in the City of Rancho
Palos Verdes, filed an application requesting a View Restoration Permit("Permit")to restore a
view from their properties that is significantly impaired by foliage owned by Bobbie and Anton
Stanojevich, at 2462 Rue Le Charlene (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 applicants and the foliage owner on April 30, 2002, at least 30 days in advance
of the hearing; and,
WHEREAS, on June 20, 2002, 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 at 2455 and 2459 Rue Le Charlene have views, as defined
by Section 17.02.040 of the City's Development Code, of the ocean, the Los Angeles and
Long Beach Harbors, and the city lights.
Section 2: The applicants' viewing areas, as defined by Section 17.02.040 of the
City's Development Code, are from the kitchen, den and dining room of 2455 Rue Le
Charlene, and from living room of 2459 Rue Le Charlene.
Section 3: The applicants have views that are significantly impaired by two Aleppo
pines on a property located at 2462 Rue Le Charlene.
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
March 6, 2002, the applicants and foliage owner attended a pre-application meeting
with the City. Both parties made offers to deal with the trees in question however,
neither could agree, thus, in March of 2002 the applicants informed the City that they
and the foliage owner could not reach agreement and filed a formal application.
Section 5: Based on evidence provided by the applicants,the subject trees at 2462
Rue Le Charlene significantly impairs the applicants' view. All of the subject foliage
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exceeds the height of the ridgeline of the primary structure or 16 feet and significantly
impairs the view from the applicants viewing areas.
Section 6: The subject property is located less than one thousand (1,000)feet from
the applicants' properties as the foliage owner's property is across the street from the
applicants' properties.
Section 7: The applicants' properties, lots 1, 2, of Tract 29734 and the foliage
owner's property lot 19 of Tract 27927 were created circa 1967. The homes were built in
1969, approximately 32 years ago. According to the Final Geology and Compaction
Control Report, dated September 6, 1968, it would appear that the trees were planted after
the lots were created and the homes were built. Grading procedures included the areas
being "cleared of all existing surface vegetation and debris." (P.3) Therefore the subject
foliage did not exist before the applicant's lots were created.
Section 8: Trimming, removing, or lacing the foliage as recommended by Staff,will
not cause an unreasonable infringement on the privacy of the foliage owner in that the view
impairing trees do not currently provide privacy to the foliage owner. Additionally,
replacement foliage can be provided for all foliage that is recommended for removal.
Therefore, the recommended actions will not cause unreasonable infringement of the
privacy of the foliage owner.
Section 9: Trimming, removing or lacing the subject trees as identified in the
attached Conditions of Approval (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).
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, removal and/or lacing of foliage at
2462 Rue Le Charlene in order to restore the view at 2455 and 2459 Rue Le Charlene, 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 17.02.0 (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 13. For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the View
V. R.C. Resolution No.2002-06
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Restoration Commission hereby approved View Restoration Permit No. 112 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 1st day of August 2002.
AYES: Chairman Alberio, Vice Chairman Slayden, Commissioners Drages, Dyda,
Dde Moraes, Franklin, and Weber
NOES: None
ABSTENTIONS: Commissioner Dyda
ABSENT: Commissioner Iseda C(Z4_,I -
—millIW
Gilbert Alberio, Chairman
A
oel Rojas A.
i ir=ctor of PI- • • g, Building & Code Enforcement
V. R.C.Resolution No.2002-06
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 112
1. Pine trees (labeled no. 1):
Reduce the crown of the tree by half(%)the distance from the ridgeline
of the foliage owner's residence and the top of said tree. Trimming and
lacing shall occur on an annual basis and during the cooler months of
the year (Nov. - Mar.).
2. Aleppo Pine tree (labeled no. 2):
Reduce the crown of the tree to a point where the Los Angeles Harbor
Channel is visible from the Babros property. Trimming and lacing shall
occur on an annual basis and during the cooler months of the year
(Nov. - Mar.).
3. Eucalyptus tree (labeled no. 3): This tree does not create significant view
impairment from the applicants' viewing area. Thus, no action is necessary.
4. The foliage owner shall be responsible to maintain the foliage in such a manner as
to not significantly impair the applicants' view by trimming the foliage specified in
this permit on an annual basis, or as specified above, if different, beginning one
year after the initial trimming of the foliage is completed and verified by Staff.
5. Not used.
6. 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 owners
of the applicant's 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.
7. 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.
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8. The applicants 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 applicants 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.
9. The foliage owner shall select a contractor from the estimate(s) 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 applicants. If the foliage owner
should choose to take it upon their self to perform the work, then the foliage owner
shall not be compensated from the trust account and the amount in the trust
account shall be refunded to the applicants.
10.The applicants 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 applicants 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 that the applicants have chosen to eliminate would then require an
entirely new View Restoration application and fee.
11.The applicants may withdraw the view restoration request and the trust account
funds if the applicant does so within five (5) days after the applicants send the
estimate required herein. In the event that the applicants withdraw the request in a
timely manner, the foliage owner are not required to perform the work specified by
this Permit and this Permit is of no further force and effect.
12.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.
13.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.
14.If the foliage owner herein does not complete the required work as specified within
90 days of the issuance of the Notice of Approval, then the City of Rancho Palos
Verdes will authorize a bonded tree service to perform the work at the subject
property and at the foliage owner's expense. In the event that the City is required to
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perform the work at the foliage owner's expense, the City shall reimburse the
applicants from the City trust account not later than 30 days after the expiration of
the time period stipulated above.
15.Subsequent to the trimming or removal of the foliage, the applicants may, at their
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 applicants' viewing area along with a "Documentation of
Existing Foliage or View" form available at the Planning, Building & Code
Enforcement Department.
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