VRC 2002-003 •
RESOLUTION NO. 2002-03
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 98 TO TRIM FOLIAGE AT
3321 DELUNA DRIVE.
WHEREAS, on January 3, 2001, Mr. Nick Papadakis, owner of property located at 3228
Parkhurst Drive and on July 10, 2001, Ms. Gayle Goodwin, owner of property located at 30638
Lucania (herein "the applicants"), in the City of Rancho Palos Verdes, filed an application
requesting a View Restoration Permit ("Permit") to restore the views from their properties that
are significantly impaired by foliage owned by Mr. Steven Dawson and Ms. Catherine Zyetz at
3321 Deluna (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 January 17, 2002, 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 t The applicants at 3228 Parkhurst and 30638 Lucania have a view, as
defined by Section 17.02.040 of the City's Development Code, of the Pacific Ocean and Santa
Catalina Island.
Section 2: The applicant Nick Papadakis's primary viewing area, as defined by Section
17.02.040 of the City's Development Code, is from the living room, dining room, master
bedroom, guest bedroom, and from an outdoor patio area, and the applicant Gayle Goodwin's
primary viewing area, as defined by Section 17.02.040 of the City's Development Code, is from
the living room, family room, bedroom, and from a patio.
Section 3: The applicant's view is significantly impaired by two Canary Island Pine trees,
one Aleppo Pine tree, one Indian Laurel Fig tree, and one Kaffir Plum tree on property located at
3321 Deluna (Dawson/Zyetz 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 3321
Deluna significantly impair the applicant's view. All of the subject foliage is greater than 16 feet
in height and/or exceeds the ridgeline of the primary structure and significantly impairs the view
of the Pacific Ocean and Santa Catalina Island from the applicant's viewing area.
Section 6: The subject property is located less than one thousand(1,000)feet from both
•
applicants' properties.
Section 7: The foliage significantly impairing the view did not exist, as view-impairing
vegetation,when the lots from which the views are taken were created. The subject parcel is lot
no. 47 of tract 26140, and was created in or about 1961. The applicant's lots are dated 1960
and 1962. 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
documents the removal of all vegetation. This would indicate that any trees that were present
on the site in 1961 were removed when the mass grading for the tract occurred and therefore,
were not view-impairing foliage when either of the applicants lot were 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 3321 Deluna are
obstructed because the house is approximately twenty five feet below the pad level of the
Goodwin viewing area and the foliage on the trees will be low enough to allow view over the
foliage or the foliage on the trees will be laced heavily so as to see through.
Removing some of the foliage of the subject trees will not cause infringement of the foliage
owner's privacy located at 3321 Deluna for the following reasons: 1) only the upper portion of
trees on the foliage owners property will be removed, 2)one applicant resides on property 820
feet away and 3)view of the residence is sheltered by a slope that ends beneath approximately
25 feet below the pad level of the applicant's viewing area. Therefore,trimming the trees will not
cause unreasonable infringement of the privacy of the foliage owners.
Section 9: The trimming 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. 98, and orders the trimming of foliage at
3321 Deluna to restore the view at 3228 Parkhurst and 30638 Lucania 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.
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PASSED, APPROVED, AND ADOPTED on the 17th day of January 2002
AYES: Alberio, De Moraes, Dyda, and Iseda
NOES: Franklin, Ginise, and Weber
ABSTENTIONS: Slayden
ABSENT: Drages
Gilbert Alberio, Chairman
Joel ojas, A.I.C.P.
Director of Planning, Building & Code Enforcement
W.\VIEW RESTORATION\VRP CASES\90-99\VRP 98-PAPADAKIS-GOODWIN\RESOLUTION2002- .DOC
FROM : FAX NO. : • Jan. 18 2002 07:26PM P2
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PASSED,APPRCVBD, AND ADOPTED on the I?,'day of January 2002
AYES: Alberto, De Morse,, Dyda,and Isede
NOES: Franklin, Ginise, and Weber
ABSTENTIQNs: Mayden
ABSENT; Dragee
Gilbert Alberio,Chairman
km' tir0:t Of .1 ft
00 -cies,M,C.P,
Director of Planning, Building&Code Enforcement
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• 1110
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 98
Foliage on property located at 3321 Deluna Drive (DawsonlZyetz property) shall be
trimmed as follows:
1. The Canary Island Pine trees (labeled Nos. 1 & 2):
i. Option one: With the consent of the foliage owners, remove the existing
tree and replace it.
ii. Option two: If the foliage owners do not consent to removing the tree,
lace throughout to provide a view of the horizon and offshore Islands through
the trees as seen from the Papadakis viewing area located at 3228
Parkhurst. Reduce the density of the foliage of the tree by selective pruning
of the foliage and small branches to create a viewing window from the pad
level up to the horizon line as seen from the Goodwin property located at
30638 Lucania. This should be done during the cooler months of the year
(Nov. - Mar.)
The foliage owners may select option one in writing. Lacking their 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 Aleppo Pine tree (labeled No. 3):
i. Option one: With the consent of the foliage owners, remove the existing
tree and replace it.
ii. Option two: If the foliage owners do not consent to removing the tree,
lace throughout to provide a view of the horizon and offshore Islands through
the tree as seen from the Papadakis viewing area located at 3228 Parkhurst.
Reduce the density of the foliage of the tree by selective pruning of the
foliage and small branches to create a viewing window from the pad level up
to the horizon line as seen from the Goodwin property located at 30638
Lucania. This should be done during the cooler months of the year(Nov. -
Mar.)
The foliage owners may select option one in writing. Lacking their consent within
30 days from approval of this resolution or from denial of an appeal,if applicable,
whichever is later, option two shall apply.
3. The Indian Laurel Fig (labeled No. 4): Trim down to the pad level of the Goodwin
property, approximately 8-10 feet down, located at 30638 Lucania.
4. The Kaffir Plum tree(labeled No.5):Trim down to the pad level of the Goodwin property,
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approximately 4 -5 feet down, located at 30638 Lucania.
5. The foliage owners shall be responsible to maintain the foliage in such a manner as to
not significantly impair the applicant's view by trimming all of the foliage specified in this
permit on an annual basis for the Canary Island Pine trees, Aleppo Pine tree, and the
Kaffir Plum tree and on a semi-annual basis for the Indian Laurel Fig, beginning one year
after the initial trimming of the foliage is completed on the Canary Island and Aleppo
pines and verified by Staff, and beginning six months after the trimming is completed on
the Indian Laurel Fig and verified by Staff.
6. 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 owners. 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 may report to
the Commission as to the adequacy of the maintenance schedule, as well as to 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.
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 selected estimate and such funds shall be
maintained in a City trust account until completion of work.
9. 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 owners shall only be reimbursed for the
amount of the lowest bid submitted by the applicants. If the foliage owners choose to do
the required work themselves, then the foliage owners shall not be compensated from
the trust account and the amount in the trust account shall be refunded to the applicant.
10.The applicants may reduce the scope of the trimming required by this Permit by giving
the City and the foliage owners written notice of such decision within 30 days of this
approval. The applicants shall deposit funds in a City trust account in an amount
sufficient to cover the remaining work. However, trimming or removal of the vegetation,
which 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 applicants do so within five(5)days after they send the estimate required herein. In
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the event that the applicants withdraw the request in a timely manner,the foliage owners
are not required to perform the work specified by this Permit and this Permit is of no
further force and effect.
12.The foliage owners 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 at 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 owners 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 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 applicants from the City trust account not later than 30 days after the 90-
day time period stipulated expires.
15. Subsequent to the trimming or removal of the foliage, the applicants may, at their
discretion, document the restored views for future reference by submitting to the Director
of Planning, Building and Code Enforcement, photographs of the restored views taken
from the both applicant's viewing areas along with "Documentation of Existing Foliage or
View" forms available at the Planning, Building & Code Enforcement Department.
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