VRC 2002-004 •
RESOLUTION NO. 2002-04
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 118 TO
TRIM FOLIAGE AT 4110 Maritime.
WHEREAS, on August 1, 2001, Mr. and Mrs. James Beck, owner of property
located at 4115 Maritime Drive (herein "the applicants"), 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 Ms. Lynn Doran
at 4110 Maritime Drive (herein "the foliage owner"), 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 February 7, 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 4115 Maritime Drive have a view, as defined by
Section 17.02.040 of the City's Development Code of the Pacific Ocean, Santa Catalina
Island, the shoreline and white-water, bluffs and city lights.
Section 2: The applicant's primary viewing area, as defined by Section 17.02.040
of the City's Development Code, is from the living room, dining room, and kitchen.
Section 3: The applicant's view is significantly impaired by one Italian Stone Pine
tree, and one Holly tree on property located at 4110 Maritime Drive (Doran property).
Section 4: The applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve conflicts.
Section 5: Based on evidence provided by the applicants,the subject trees at 4110
Maritime Drive significantly impair the applicant's view. The subject trees are greater than
16 feet in height and exceed the ridgeline of the primary structure and significantly impair
the view of the shoreline and white-water from the applicant's viewing area.
Section 6: The subject property is located less than one thousand (1,000)feet from
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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. Both the
applicant's and the foliage owner's lots, no. 27 and lot 29 of tract 16540, were recorded in
1957. 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 Report on
Controlled Filled Ground contained in the staff report, documents the removal of all
vegetation. This would indicate that any trees that were present on the site in 1957 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: Removal of the foliage as recommended by Staff will not cause an
unreasonable infringement on the privacy of the foliage owner. A privacy fence in front of
the foliage owner's residence provides screening. At present, 80% of the foliage on the
Italian Stone Pine tree #1 is well above the roofline of the Doran residence and thus the
lower branches provide minimum privacy protection. The Holly tree is located in front of a
fence of the Doran property and at present provides no privacy for the foliage owner.
Therefore removal and replacement of the tree will not cause unreasonable infringement of
the privacy of the foliage owner.
Section 9: 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. 118, and orders the
trimming and/or removal of foliage at 4110 Maritime Drive to restore the view at 4115
Maritime 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.
PASSED, APPROVED, AND ADOPTED on the 71h day of March 2002
AYES: Chair Alberio, Vice-Chair Slayden, De Moraes, Drages, Dyda,
Franklin, Iseda
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NOES:
ABSTENTIONS: Ginise
ABSENT: Weber
///
Gilbert Alberio, Chairman
All II
doe! 'ojas, A.I.1
lire, or of Pla •, Building & Code Enforcement
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110
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 118
Foliage on property located at 4110 Maritime (Doran Property) shall be trimmed as
follows:
1. The Italian Stone Pine tree (labeled No. 1):
i. Option one: With the consent of the foliage owner, remove the existing
tree and replace it with up to three 24-inch box size trees.
ii. Option two: If the foliage owner does not consent to removing the tree,
reduce the height of the tree by trimming down to the highest ridgeline of
the structure, which is the garage of 4110 Maritime Drive. This should be
done during the cooler months of the year (Nov. - Mar.)
The foliage owner may select option one in writing. Lacking her consent within 30
days from approval of this resolution or from denial of an appeal, if applicable,
whichever is later, option two shall apply.
2. The Holly tree (labeled No. 5): Trim down to the height of the ridgeline of the structure
located at 4110 Maritime Drive.
3. The replacement foliage shall be provided in accordance with the specifications
described in Section V-E of the VRP Guidelines and Procedures.
4. 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 selected
estimate and such funds shall be maintained in a City trust account until completion
of work.
5. The foliage owner shall select a contractor from the estimate(s) provided by the
applicants or another licensed firm of her 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, 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.
6. The applicants may reduce the scope of the work required by this Permit by giving
the City and the foliage owner written notice of such decision within 30 days of this
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approval. The applicants shall deposit funds in a City trust account in an amount
sufficient to cover the remaining work. However, removal of the vegetation, which
the applicants have chosen to eliminate, would then require an entirely new View
Restoration application and fee.
7. The applicants may withdraw the view restoration request and the trust account
funds if the applicants do 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 is not required to perform the work specified by
this Permit and this Permit is of no further force and effect.
8. 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 as
specified in these Conditions of Approval.
9. 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.
10.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 above-mentioned time period stipulated expires.
11.Subsequent to the 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 their viewing area along with a "Documentation of Existing Foliage or View"
form available at the Planning, Building & Code Enforcement Department.
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