VRC RES 1997-006 I II
V.R.C. RESOLUTION NO. 97 - 6
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW
RESTORATION PERMIT NO. 24 TO TRIM AND REMOVE FOLIAGE AT
2176 AND 2177 ROCKINGHORSE DRIVE.
WHEREAS, on January 7, 1991, Scott A. and Patricia L. Giordano
("applicant"), who own the property located at 109 Rockinghorse Road, filed an
application requesting a View Restoration Permit ("Permit") to trim or remove trees at
2176 and 2177 Rockinghorse Drive ("subject properties"), in the City of Rancho Palos
Verdes.
WHEREAS, the application was deemed complete on January 21, 1991,
however, before a public hearing could be scheduled, all actions of the View
Restoration Committee were suspended on April 18, 1991, due to legal action filed
against the City in the Yen et. al vs. Rancho Palos Verdes; and
WHEREAS, on January 23, 1997, after the suspension of the View Restoration
Process was lifted, Staff contacted the applicants, and they affirmed that they were
interested in continuing the processing of their application with some minor
modification, and
WHEREAS, after the suspension of the View Restoration Process was lifted, the
Staff report was prepared and notice of a new hearing before the View Restoration
Commission, (formerly known as the View Restoration Committee) was mailed to the
applicant, foliage owners and the View Restoration Commission on February 18, 1997,
more than 30 days in advance of the scheduled March 20, 1997 hearing; and
WHEREAS, all of the subject trees listed in the original application at 2177
Rockinghorse Drive have grown, and some have fallen due to high winds; and
WHEREAS on May 1, 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, however, due to the need for more clarification
concerning the stability of the slope and property lines at the project site, the
Commission closed the public hearing but continued the discussion to the scheduled
April 3, 1997 meeting.
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WHEREAS, on April 3, 1997, the foliage owner, Kimberly Higa sent notice that
she would not be able to attend the public meeting due to illness, and the voting
members of the View Restoration Commission voted to continue the discussion to the
scheduled May 1, 1997 meeting; and
WHEREAS, on May 1, 1997 after all voting members of the View Restoration
Commission had visited the site, the Commission reopened the public hearing to
consider the request and examine the requested information, at which time, all
interested parties were given an opportunity to be heard and present evidence.
WHEREAS, at the May 1, 1997 meeting, the applicants Scott A. and Patricia L.
Giordano removed the 45-55 foot Aleppo Pine tree (tree cluster "G-3", Exhibit "B") from
the application list.
NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY
OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE
AS FOLLOWS:
Section 1: The applicant at 109 Rockinghorse Road have a view, as defined by
Section 17.02.040 of the City's Development Code, which includes the Los Angeles
Harbor, Vincent Thomas Bridge and the coastline to Dana Point.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, includes: the living room, dining room, and the open grass
area in front of the house.
Section 3: The subject property at 2177 Rockinghorse Drive contains five trees
that are identified in the application to impair the applicant's view. They include one 30-
35 foot Aleppo Pine tree("A-1", exhibit B, attached), one 30-35 foot deciduous tree
(Ash) ( "A-2"), and three 45-55 foot Canary Island Pine trees (tree cluster "B-1"). All five
subject trees are located in the front yard area of the foliage owner's property, and all
exceed 16 feet as measured from the foliage owner's building pad. The deciduous tree
and the Canary Island Pine trees exceed the 22-foot ridgeline height of the foliage
owner's dwelling, as measured from the building pad.
Section k The subject property at 2176 Rockinghorse Drive contains 14 trees
that are identified in the application to impair the applicant's view. They include two 30-
40 foot Monterey Pine trees ("D-I"), one 20-25 foot Flowering Pear tree ("D-2"), located
at the top of the driveway adjacent to the applicant's property line, one 20-25 foot
Flowering Pear tree ("F-I"), located adjacent to the access driveway to the subject
properties. The modified application includes two Pine trees located in the deck area of
V.R.C. Resolution No. 97-
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the subject site; one 45-55 foot Aleppo Pine tree ("G-1") located in the northerly portion
of the deck, and one 45-55 foot Canary Island Pine tree ("G-2") located adjacent to it.
In addition, the application includes one 30-45 foot Monterey Pine tree ("H-I") and five
30-45 foot Aleppo Pines trees ("H-2") located in the transitional slope between this
subject property and the applicant's property at 109 Rockinghorse Road. All of the
subject trees exceed 16 feet in height and the 20 foot ridgeline of the primary dwelling
except for the Flowering Pear tree ("F-1" exhibit "B"), which is greater than 16 feet in
height but does not exceed the ridgeline of the house.
Section 6 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 letters dated September 18, 1991, that the applicant mailed to the foliage
owner by certified and regular mail.
Section .: The subject properties are located less than one thousand (1,000)
feet from the applicant's property.
Section $i The applicant's lot was created in 1953, and the foliage owners' lots
were created in 1962, but not developed until 1965. The foliage impairing views did not
exist when the lot from which the view is taken were created as evidenced by
photographs submitted by the applicant.
Section 9: The subject properties are not within the boundaries of the Miraleste
Recreation and Park District.
Section All of the subject foliage exceeds sixteen feet, with most exceeding
the height of the ridgeline of the foliage owners' primary structures and impairs the view
of the South Bay area and the Los Angeles Basin including downtown Los Angeles at
the applicant's property
Section 1 The trimming and removal of foliage will not cause an unreasonable
infringement of the privacy at the subject properties because sufficient vegetation will
remain, and new privacy landscaping will be added at the subject properties after the
work required by this permit is performed at the two subject properties, to ensure
protection of privacy.
Section 12: Pursuant to Section 15300 of the California Environmental Quality
Act, the proposed project is a categorically exempt under Class 4 of that section,
because the work required to restore the applicants' views does not include the removal
of scenic and mature trees as identified by the General Plan (Visual Aspects; Figure
41).
Section 13; Based on the foregoing, and on the information and findings
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included in the staff report and evidence presented at the public hearings, the View
Restoration Commission hereby orders trimming and removal of foliage at 2176 and
2177 Rockinghorse Drive as provided in and subject to the conditions outlined in the
attached Exhibit "A" and identified in Exhibit "B".
PASSED, APPROVED, AND ADOPTED on the 15th day of May, 1997.
//
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Ray► %nd Green, hair? an
Carolyn Pet u, Director of Planning,
Building & Code Enforcement
V.R.C. Resolution No. 97-
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 24
1. Unless the owner of the subject property agrees to have the 30-35 foot Aleppo
Pine tree ("A-I", see Exhibit "B") at 2177 Rockinghorse Drive, cut to its base, as
close to grade as possible, retaining the root system, cut said tree down to 16
feet as measured from the base.
2. At 2177 Rockinghorse Drive, lace and clean-up the 30-35 foot deciduous (Ash)
tree ("A-2", Exhibit "B")), lace and clean-up, the three 45-55 foot Canary Island
Pine trees ("B-1", Exhibit "B") between December 15, 1997 and February 15,
1998.
3. At 2176 Rockinghorse Drive, unless the owner of the subject property agrees to
have the following subject trees cut down to their base, as close to grade as
possible, retaining the root system, cut said trees down to 16 feet as
measured from their base (see Exhibit "B"):
"D-1") Two, 30-40' Monterey Pine trees
"D-2") One, 25-30' Flowering Pear tree
"E-1") Two, 45-55' Canary Island Pine trees
"0-1") One, 45-55' Aleppo Pine tree
"G-2") One, 45-56' Canary Island Pine tree
"H-1") Five, 30-45' Aleppo Pine tree
"H-2") One, 30-45' Monterey Pine tree
4. At 2176 Rockinghorse Drive, restore the deck, with visually compatible
replacement decking material over the opening occupied by trees "G-1" and
"G-2", in an aesthetic manner, and to the satisfaction of the Director of the
Planning, Building and Code Enforcement Department.
5. At 2176 Rockinghorse Drive, the underbrush around tree cluster"H-1" and tree
"H-2" (Exhibit "B") shall be removed.
6. At 2176 Rockinghorse Drive, the 20-25 foot Flowering Pear tree ("F-I", Exhibit
"B") shall be trimmed and maintained at 16 feet, as measured from the base.
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7. On all transitional slopes at 2176 and 2177 Rockinghorse Drive, where trees
are cut to sixteen feet as measured from the base of the tree, or as close to
grade as possible; to ensure slope stability ; prior to the cutting of the subject
trees, the applicant shall submit a landscape plan for providing ground cover,
shrubs, trees, and/or other erosion control measures that will not threaten the
applicant's restored view, to the satisfaction of the Director of Planning, Building
and Code Enforcement. Said replacement foliage shall be maintained so that it
does not exceed the established height level and impair views in the future.
8. In addition to the requirements in condition #7 above, the replacement
shrubs and trees shall provide an effective visual barrier ensuring privacy in the
deck and pool area of 2176 Rockinghorse Drive to the satisfaction of the Director
of Planning, Building and Code Enforcement, and shall be maintained so that
they do not, in the future, exceed the established height level and impair views.
9. The applicant at 109 Rockinghorse Road, shall, not later than 30 days after
approval of this permit, present to the City and to the foliage owners at 2176 and
2177 Rockinghorse Drive, a minimum of three (3) itemized estimates to remove
and trim the subject trees and perform landscape work as identified in Conditions
Nos. 1- 8. Such estimates are to be supplied by licensed landscape and/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 tree
removal, landscape work, as well as cleanup and removal of debris. In addition,
the applicant shall pay to the City an amount equal to the lowest of the three
estimates for removal of the subject trees and perform landscape work, separate
or combined, and such funds shall be maintained in a City trust account until
completion of work.
10. 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 owner shall only be
reimbursed for the amount of the lowest bid submitted by the applicants.
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4110 41)
11. The applicant may reduce the scope of the removal and thinning 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 applicants have
chosen to eliminate would then require an entirely new View Restoration
application and fee.
12. The applicant may withdraw their view restoration request and their trust account
funds if the applicants do so within five (5) days after the applicant sends the
three (3) estimates required by Condition No. 5 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.
13. The foliage owners at 2176 and 2177 Rockinghorse Drive shall, not later than 90
days after the approval of the Permit, cut, trim and/or lace the subject trees on
their properties to the extent required by this Permit, plant the replacement
foliage as required, and shall maintain the vegetation to a height that will not
impair a view from another property in the future as specified in Conditions 1
through 8 inclusive.
14. The City shall reimburse the foliage owners at 2176 and 2177 Rockinghorse
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 applicants' trust
account.
15. If after 90 days, the required work as specified in Conditions 1 through 8
inclusive is not completed, the City of Rancho Palos Verdes will authorize a
licensed landscape, licensed tree service contractors, and/or bonded tree service
to perform the work at the subject properties 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.
16. Subsequent to the trimming or removal of the subject foliage, the 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.
V.R.0 Resolution No. 97-
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