VRC RES 1997-011 A
�
V.R.C. RESOLUTION NO. 97 -11
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 38 TO
TRIM, LACE AND REMOVE OR TOP FOLIAGE AT 6318
MONERO DRIVE.
WHEREAS, on March 18, 1997, Ms. Bonnie Hoenisch, owner of property located
at 6343 Rio Linda Drive (herein "the applicant"), in the City of Rancho Palos Verdes, filed
an application requesting a View Restoration Permit ("Permit") to restore the view from her
property that is significantly impaired by foliage owned by Mr. and Mrs. David Hessick at
6318 Monero 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 owner on
May 19, 1997, 30 days in advance of the hearing; and
WHEREAS, on July 10, 1997, 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 I The applicant at 6343 Rio Linda Drive has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the Santa Monica Bay and the
Santa Monica Mountains.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is primarily from the dinning room and also from the rear yard.
Section a: The applicant's view is significantly impaired by foliage on property
located at 6318 Monero Drive as follows: two (2) Hop Seed shrubs, one (1) Liquid Amber
tree, two (2) Eucalyptus trees and one Acacia tree.
Section 4: The applicant has complied with the early neighbor consultation process
and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the
letter dated March 17, 1997, and the receipt for certified mail sent to the foliage owner at
6318 Monero Drive.
• •
9 •
Section 5 Based on evidence provided by the applicant, the subject trees at 6318
Monero Drive significantly impair the applicant's view. All of the subject foliage exceeds
the ridgeline of the primary structure and significantly impairs the view 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. Both the
applicant's and the foliage owners' properties were created in 1961 and are a part of Tract
Map No. 25106. When created, Tract No. 25106 involved mass grading, as evidenced by
the grading plan for the Tract, and such grading would have involved removal of all
vegetation on the site. Therefore, based on this evidence, the trees significantly impairing
the applicant's view did not exist, as view impairing vegetation, when the applicant's lot was
created.
Section 8: Reducing the crown and lacing the Liquid Amber tree, topping the
Eucalyptus trees and the Hop Seed shrubs, and removing portions of the Acacia tree will
not cause an unreasonable infringement of the privacy of the occupants at 6318 Monero
Drive in that the remaining foliage will still be tall enough to screen view into the foliage
owner's property.
Section 9. The topping trimming, lacing and/or removal of the subject trees as
identified in Condition Nos. 1, 2 and 3 of attached Exhibit "A", is necessary in order to
restore the applicant's view.
Section 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 topping, trimming, lacing and/or removal of
foliage at 6318 Monero Drive to restore the views at 6343 Rio Linda Drive, 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 17.02.040 (C.2.g) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
V.R. C.Resolution No.97-11
Page 2 of 5
•
writing and with the appropriate appeal fee, no later than fifteen (15) days following July
10, 1997, 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
Restoration Commission hereby approved View Restoration Permit No. 38 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 10th day of July 1997.
AYES: BOUDREAU, GOERN, A. GREEN, CHAIRMAN R. GREEN, LONG,
MARSHALL, SWE ETNAM.
NOES: NONE
ABSTENTIONS: NONE
ABSENT: NONE
Ra f •nd Green, Ch. firman
—"f)a.U14,)
Carolyn Pe u, Director of Planning,
Building & Code Enforcement
V.R. C.Resolution No. 97-11
Page 3 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 38
1. Hop Seed shrubs: The two Hop Seed shrubs shall be topped to a height not to
exceed two (2) feet above the applicant's building pad elevation and shall be
maintained in such a manner. Trimming to maintain the applicant's view shall occur
on an annual basis.
2. Acacia Tree: The limbs protruding west of the base of the Acacia tree located on
the north facing slope, near the rear property line, shall be removed.
3. Eucalyptus and Liquid Amber Trees: Top both Eucalyptus trees, located on the
west side of the property, to a height not to exceed the ridgeline of the foliage
owners' house. Lace the Liquid Amber tree, reduce its crown so that the branches
do not extend more than 8 feet from the trunk and top it to a height not to exceed
25 feet from the base of the tree. Both Eucalyptus trees shall be maintained on an
annual basis at the height specified above and the Liquid Amber tree shall be
maintained on a biennial basis in the manner specified herein.
4. The applicant at 6343 Rio Linda Drive shall, not later than 30 days after approval
of this permit, present to the City, a minimum of three (3) itemized estimates to carry
out the aforementioned work. Such estimates are to be supplied by licensed
landscape or licensed tree service contractors, acceptable to the City, which provide
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 lowest of the three estimates 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 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 owner shall only be reimbursed
for the amount of the lowest bid submitted by the applicant.
6. 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.
V. R. C.Resolution No.97-11
Page 4 of 5
a
r
0 0
7. The applicant may withdraw their view restoration request and their trust account
funds if the applicants do so within five (5) days after the applicants send the three
(3) estimates required by Condition No. 6 above. In the event that the applicant
withdraws his/her 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 at 6318 Monero Drive 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, except for the work required for the Liquid Amber tree which shall be
completed no later than 90 days after October 15, 1997, and shall maintain the
vegetation to a height that will not impair a view from another property in the future
as specified in Condition Nos. 1, 2 and 3 inclusive.
9. The City shall reimburse the foliage owner at 6318 Monero Drive 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.
10. If the required work as specified in Condition Nos. 1, 2 and 3 inclusive is not
completed within the time periods stipulated in Condition No. 8, then the City of
Rancho Palos Verdes will authorize a bonded tree service to perform the work at
the subject property at the foliage owners' expense. In the event that the City is
required to perform the work at the foliage owners' expense, the City shall
reimburse the applicants from the City trust account not later than 30 days after the
City completes the work.
11. 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 applicant's viewing area along with a "Documentation of
Existing Foliage" form available at the Planning, Building & Code Enforcement
Department.
V.R.C.Resolution No.97-11
Page 5 of 5