VRC 2002-002 1
RESOLUTION NO. 2002-02
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 126 TO TRIM FOLIAGE AT
92 Headland Drive.
WHEREAS,on October 23, 2001, John and Joyce Zaccaro, owners of property located
at 28531 Palos Verdes Drive East(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 Mr. Richard Kurz and Ms. Kathleen
Wood at 92 Headland 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 applicants and the foliage owners,
WHEREAS, on January 3, 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 1: The applicants at 28531 Palos Verdes Drive East have a view,as defined by
Section 17.02.040 of the City's Development Code of the shoreline 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, den/office, a bedroom and rear yard area.
Section 3: Nine (9) trees (three Grevillea trees, one Jacaranda tree, one unknown
species, one Acacia tree, two Brazilian Pepper trees and one Eucalyptus tree) on property
located at 92 Headland Drive (Kurz/Wood property) significantly impair the applicant's view.
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 6: Based on evidence provided by the applicants, the subject trees at 92
Headland significantly impair the applicant's view. All of the subject foliage is greater than 16
feet in height or exceeds the ridgeline of the primary structure and significantly impairs the view
of the city lights 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.
26 of the record of survey as per book 62, page 36 and 37, and was created in or about 1968.
The applicant's lot, no. 28 of the same record of survey is dated 1953. 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 soils - geology report documents the site
conditions of the foliage owner's lot in 1968. This would further indicate that any trees that were
present on the site in 1968 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 92 Headland Drive are
obstructed because the house is approximately twenty-five 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 or the foliage on the trees will be laced heavily so as to see through.
Removing some of the trees that is view impairing will not cause infringement of the foliage
owner's privacy located at 92 Headland Drive for the following reasons: 1)only the upper portion
of trees on the foliage owners property will be removed, 2)the foliage currently does not provide
any privacy because they are above ridge line level and 3) the applicant's property is 106 feet
away and is one lot away from the foliage owner's lot, so 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. Also the privacy of the foliage owner's will be protected by foliage that is not affected by
staffs recommendation. 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. 126,and orders the trimming of foliage at 92
Headland Drive to restore the view at 28531 Palos Verdes Drive East 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 3rd day of January 2002
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AYES: Chair Alberio, Vice-Chair Slayden, Franklin, Iseda, and Dyda
NOES:
ABSTENTIONS:
ABSENT: De Moraes, Drages, Ginise, and Weber
- 1111110
Gilbert Alberio, Chairman
Ali 4111111k
Joel -ojas, A •.P.
ire• or of PI. • ng, Building & Code Enforcement
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410
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 126
Foliage on property located at 92 Headland Drive(Kurz/Wood Property)shall be trimmed
as follows:
1. Grevillea trees (labeled Nos. 1 - 3): Trim down to a height not to exceed 25 feet.
2. Jacaranda (labeled No. 4): This tree does not significantly impair the view, thus no
action is necessary.
3. Unknown species(labeled No.5):Trim down to a height not to exceed the ridgeline of
the residence located at 92 Headland Drive.
4. Acacia tree (labeled No. 6): Trim down to a height that completely restores the view
over the foliage and ridgeline of 92 Headland Drive as seen from 28531 Palos Verdes
Drive East.
5. Brazilian Pepper trees (labeled No. 7 & 8): Trim down to a height that completely
restores the view over the foliage and ridgeline of 92 Headland Drive as seen from
28531 Palos Verdes Drive East.
6. Eucalyptus tree (labeled No. 9): Remove all foliage and small branches from
approximately 3 feet above the applicant's pad level up to the horizon line as seen from
the viewing area of the Zaccaro residence located at 28513 Palos Verdes Drive East.
7. 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 the Grevillea trees and the
Acacia tree on a semi-annual basis, and on an annual basis for the remaining foliage
specified in this permit beginning six months after the initial trimming of the foliage is
completed and verified by Staff.
8. 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.
9. 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.
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10.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 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 selected estimate and such funds shall be
maintained in a City trust account until completion of work.
11.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 applicant. 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.
12.The applicant 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 applicant 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 applicant has chosen to eliminate, would then require an entirely new View
Restoration application and fee.
13. 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 owners are not required to perform the work specified by this Permit and this
Permit is of no further force and effect.
14.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 to a height that will not impair a view from another property in the future as
specified in these Conditions of Approval.
15.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.
16. 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 time
period stipulated expires.
17. 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
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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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