VRC RES 1997-010 s 0 •
V.R.C. RESOLUTION NO. 97 - 10
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 32 TO REMOVE.
WHEREAS, on February 18, 1997, Mr and Mrs. John Banister, and Mr. Norman
Williams (co-applicants') who own property located at 6117 and 6113 Scotmist Dr., in
the City of Rancho Palos Verdes, filed an application requesting a View Restoration
Permit ("Permit") to top, trim and/or remove several trees on the property located at
6016 Ridgegate Dr. ("the subject property"), in the City of Rancho Palos Verdes ("City")
owned by Ridgegate Condominium Complex ("the foliage owner"); and
WHEREAS, notice of the hearing before the View Restoration Commission
("Commission"), along with copies of the Staff report, were mailed to the co-applicants'
and the foliage owner on April 15, 1997, 30 days in advance of the hearing; and
WHEREAS, on May 15, 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 1: The co-applicants' at 6117, and 6113 Scotmist Dr. have a view, as
defined by Section 17.02.040 of the City's Development Code, which includes the
Redondo Harbor, the greater Los Angeles Basin, and the city lights.
Section 2_:_ The co-applicants' viewing area, as defined by Section 17.02.040 of
the City's Development Code, includes: from (Mr. and Mrs. John Banister) 6117
Scotmist Dr., a dining room (breakfast nook), family room, a first floor bedroom, and
from the rear yard patio area; from (Mr. Norman Williams) 6113 Scotmist Dr., the living
room, dining room, and from a guest bedroom at the rear of the property.
Section a: The subject property at 6016 Ridgegate Dr. contains fourteen (14)
trees that significantly impair the co-applicants' view: seven (7) Eucalyptus trees, one
(1) Acacia tree, three (3) Aleppo Pine trees, and three (3) Oleander Trees.
0 a
Section 4: The co-applicants' have complied with the early neighbor
consultation process and has shown proof of cooperation on their part to resolve
conflicts, as evidenced by the letters dated February 17, 1997, September 16, 1994,
April 20, 1994, and May 11, 1994, and receipt for registered mail (dated April 10, 1997)
sent to the foliage owner at 6016 West Ridgegate Dr.
Section 5: Based on evidence provided by the co-applicants', the subject trees
at 6016 Ridgegate Dr. significantly impair a substantial portion of both applicants'
primary view. On the property located at 6117 Scotmist Dr : Two (2) Eucalyptus
trees (Nos.1 and 2) measure about 25 to 30 feet in height, two (2) Eucalyptus trees
(Nos. 3 and 4) measure roughly 50 to 60 feet high, the Acacia tree, is 20 to 30 feet
high, the Pine tree, is 15 to 18, and the Oleander tree measures roughly 10 to 12 feet
high. On the property located at 6113 Scotmist Dr: Two (2) Pine trees (Nos. 1 and
2) measure 20 to 30 feet high, one (1) Eucalyptus tree (No.1) measures 25 to 30 feet
in height, one Eucalyptus (No.2) measures 30 to 35 feet high, one (1) Eucalyptus (No.
3) measures 50 to 60 feet high, and the Oleander trees (No. 1, and 2) are 10 to 12 feet
high (Exhibit A). All trees exceed the ridge line of the primary structure of the foliage
owner's property, which is approximately 28 feet in height as measured from the
existing building pad grade. The ridgeline of the primary structure is located at a lower
elevation than the 16 foot elevation measured from the existing base of each tree.
Section 6: The subject property is located less than one thousand (1,000) feet
from both applicants' property.
Section 7 The co-applicant and foliage owner properties were created in 1963
indicating that the subject trees did not exist prior to the establishment of the lots.
Section & The recommended removal of the subject trees will not cause an
increased or unreasonable infringement on the privacy of the foliage owner since the
subject trees limit but do not totally eliminate all viewing onto the foliage owner's
property from the co-applicant properties. As a result, no replacement shrubs are
required for privacy.
Section 9:The removal of the subject trees as identified in Condition No. 1 of
attached Exhibit "A", is necessary in order to restore the co-applicants' 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).
V.R.C.Resolution No.97-10
Page 2 of 5
•
Section 11: Based on statements made at the public hearing by the foliage
owner (Mr. Alan Pendley, President of the Ridgegate Homeowners Association) who
gave consent to remove all of the subject foliage, the View Restoration Commission
orders the removal of said trees, as requested.
Section 12: Any 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
writing and with the appropriate appeal fee, no later than fifteen (15) days following the
date of the View Restoration Commission final action.
Section 13; 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 removal of the seven (7) Eucalyptus
trees, one (1) Acacia tree, three (3) Pine trees, and three (3) Oleander trees, in the
rear yard at 6016 Ridgegate Dr. to restore views at 6117 and 6113 Scotmist Dr., as
provided in, and subject to, the conditions outlined in the attached Exhibit "A".
PASSED, APPROVED, AND ADOPTED on the 19th day of June, 1997, by the
following vote:
AYES: Black, Boudreau, Goern, Marshall, Karmielich, Long, Sweetnam
NOES: A. Green
ABSTENTIONS: None
ABSENT: R. Green (excused)
,4 „Aim ► _
Rayi,ond Green, Chai man
Carolyn Petr , Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-10
Page 3 of 5
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 32
1. The Ridgegate Condominium Homeowners Association shall remove the
following trees as shown in Exhibit B (attached). Additionally, if the cost of
removal exceeds the cost of lacing or trimming, the Association shall pay the
difference, as agreed.
6117 Scotmist (Banister Property)
Eucalyptus Trees No. 1, 2, 3, and 4
(1) Acacia and (1) Oleander Tree
(1) Pine Tree
6113 Scotmist Dr. (Williams Property)
Pine Trees Nos. 1 and 2
Eucalyptus Trees Nos. 1, 2, and 3
Oleander Trees Nos. 1 and 2:
2. The co-applicants' at 6117 and 6113 Scotmist Dr. 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, including installment of any
required replacement foliage. 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.
3. 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 co-applicants'.
4. The co-applicants' 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 co-applicants' shall deposit funds to the City in a trust
account in an amount sufficient to cover the remaining work. However,
V.R.C.Resolution No.97-10
Page 4 of 5
0 •
• removal of the vegetation which the co-applicants' have chosen to eliminate
would then require an entirely new View Restoration application and fee.
5. The co-applicants' may withdraw their view restoration request and their trust
account funds if they do so within five (5) days after they send the three (3)
estimates required by Condition No. 2 above. In the event that the co-applicants'
withdraw their 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.
6. The foliage owner at 6016 Ridgegate Dr., shall, not later than 90 days after the
notice of approval (first notice) is mailed, remove the subject trees on their
properties to the extent required by this Permit, and shall maintain all vegetation
to a height that will not impair a view from another property in the future.
7. The City shall reimburse the foliage owner at 6016 Ridgegate Dr., 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 co-applicants' trust account.
8. If after 90 days the required work as specified in Condition 1 is not completed,
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 co-applicants' from the City trust account not later than 30
days after the City completes the work.
9. Subsequent to the removal of the foliage, the co-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 the viewing area of both applicants' properties along
with a "Documentation of Existing Foliage" form available at the Planning,
Building & Code Enforcement Department.
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V.R.C.Resolution No.97-10
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