Loading...
VRC RES 1991-006 111 111 V.R.C. RESOLUTION NO. 91-6 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 10 TO TRIM FOLIAGE AT 5564 GRAYLOG STREET. WHEREAS, on August 3, 1990, Ms. Betty Jo Hood ( "applicant" ) , who owns the property located at 5547 Bayridge Road in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit" ) to trim one Pittosporum tree on property located at 5564 Graylog Street ( "subject property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Ms. Thelma Krueger ( "foliage owner" ) ; and WHEREAS, on November 2, 1990, the applicant at 5547 Bayridge Road filed an amended View Restoration Permit application to include trimming one Podocarpus Gracilior and one Eucalyptus Pulverulenta on property located at 5555 Graylog Street owned by Brett and Carolyn Daugherty ( "foliage owners" ) , however, the applicant and foliage owners at 5555 Graylog Street were able to reach an agreeable solution prior to the scheduled hearing ; and WHEREAS, notice of the hearing before the View Restoration Committee ( "Committee" ) , along with copies of the Staff report, were mailed to the applicant and the foliage owners on November 30, 1990, more than 30 days in advance of the hearing; and WHEREAS, on January 3, 1991, after all voting members of the View Restoration Committee had visited the site, the Committee 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 COMMITTEE OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1 : The applicant at 5547 Bayridge Road has a view, as defined by Sec. 17 .02.040 of the City' s Development Code, which includes the Santa Monica Bay coastline, the Los Angeles Basin, and city lights. Section 2: The applicant' s viewing area, as defined by Sec. 17.02.040 of the City' s Development Code, includes the living room, bedroom/sitting room, and bedroom of the applicant' s residence at 5547 Bayridge Road. Section 3: The subject property at 5564 Graylog Street contains one Pittosporum tree which exceeds the ridgeline of the house (approximately 13' -14' ) which is the primary structure on the property. The Pittosporum tree is located in the southeast corner of the rear yard. Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on her part to resolve conflicts, as evidenced by the letter dated, July 25, 1990 and copy of the registered mail receipt sent to the foliage owner at 5564 Graylog Street. Section 5 : The Pittosporum tree located in the southeast corner of the rear yard is higher than the ridgeline of the structure and impair views from the applicant' s viewing areas. The upper 6' -8' of the Pittosporum tree impairs views of the Los Angeles Basin, Santa Monica Bay coastline, and city lights. Section 6: The subject property is contiguous to the applicant' s property and is, therefore, less than one thousand (1, 000 ) feet from the applicant' s property. Section 7: The applicant' s and foliage owner' s lots were both created in 1957 and a review of the City' s 1976 aerial photos indicate that the subject Pittosporum tree, did not exist at the time. Therefore, the foliage impairing the view did not exist when the lot from which the view is taken was created. Section 8 : Trimming the Pittosporum tree to the ridgeline of the residence at 5564 Graylog Street will not cause an unreasonable infringement of the privacy of the foliage owner since a significant portion of the Pittosporum tree will remain to provide a sufficient amount of screening for privacy purposes. Section 9: Neither the applicant' s property nor the foliage owner' s property is located within the Miraleste Recreation and Park District. Section 10: Trimming the subject Pittosporum tree to the ridgeline (approximately 13' -14' ) of the residence at 5564 Graylog Street is necessary in order to restore the applicant's view. Section 11: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section, since the permit does not involve the removal of a mature and scenic tree. Section 12 : Based on the foregoing, and on the information and findings included in the Staff report and evidence presented at the public hearing, the View Restoration Committee hereby orders trimming the Pittosporum tree at 5564 Graylog Street to restore views at 5547 Bayridge Road, as provided in, and subject to, the conditions outlined in the attached Exhibit "A" . View Restoration Resolution No. 91-6 Page 2 111 PASSED, APPROVED and ADOPTED on the 7th day of February, 1991. 4). 111°‘ Lawrence E. Clark Chairman R er Benar/ Director of nvi onmental Services View Restoration Resolution No. 91-6 Page 3 111 410 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 10 1 . The Pittosporum tree located at the southeast corner of the rear yard at 5564 Graylog Street shall be trimmed at the applicant' s expense (Ms. Betty Jo Hood) to the ridgeline of the residence (approximately 13' -14' ) and shall be maintained by the foliage owner (Ms. Thelma Krueger) so that the tree does not in the future exceed this height, and so that the foliage does not impair the view. 2 . The applicant at 5547 Bayridge Road shall , not later than 30 days after approval of this permit, present to the City and to the foliage owner at 5564 Graylog Street a minimum of three ( 3 ) itemized estimates to carry out the aforementioned work, such estimates to be supplied by landscape or tree service contractors licensed to do the work in the City of Rancho Palos Verdes, and to include all costs of cleanup and removal of debris . In addition, the applicant shall pay to the City an amount equal to the lowest of the three estimates and such funds shall be maintained in a City trust account until completion of work. 3 . The foliage owner shall select a contractor from the list provided by the applicant or another firm of her choice to perform the required work. However, the foliage owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. 4. The applicant 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 applicant 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 which the applicant has chosen to eliminate would then require an entirely new View Restoration application and fee. 5. The applicant may withdraw her view restoration request and her trust account funds if the applicant does so within five (5) days after the applicant sends these three ( 3) estimates required by Condition No. 2, above. In the event that the applicant withdraws her request in a timely manner, the foliage owner isnot required to perform the work specified by this Permit and this Permit is of no further force and effect. View Restoration Resolution No. 91- 6 Page 4 411 !II 6. The foliage owner at 5564 Graylog Street shall , not later than 90 days after the approval of the Permit, trim the Pittosporum tree on her property to the extent required by this Permit, and shall maintain the tree to a height that will not impair a view from another property in the future as specified in Condition 1 . 7 . The City shall reimburse the foliage owner at 5564 Graylog Street 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 in an amount not to exceed the amount of the applicant' s trust account. 8 . If after 90 days the Pittosporum tree has not been trimmed as required, 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 City completes the work. 9. Subsequent to the trimming of the foliage, the applicant may, at her discretion, document the restored view for future reference by submitting to the Director of Environmental Services photographs of the restored view taken from the viewing area of the applicant' s property along with a "Documentation of Existing Foliage" form available at the Department of Environmental Services. View Restoration Resolution No. 91- 6 Page 5