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VRC RES 1997-004 V.R.C. RESOLUTION NO. 97 - 4 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 20 TO TRIM AND REMOVE FOLIAGE AT 5071 SILVER ARROW, 5074 SILVER ARROW, AND 27317 WARRIOR DRIVE. WHEREAS, on October 16, 1990, Mr. Soterios Menzelos and Mr. John Wafters ("applicants"), who own the properties located at 5113 and 5117 Oconto Avenue, respectively, filed an application requesting a View Restoration Permit ("Permit") to trim or remove trees at 5071 and 5074 Silver Arrow and 27317 Warrior Drive ("subject properties"), in the City of Rancho Palos Verdes. WHEREAS, notice of the hearing before the View Restoration Commission ("Commission"), along with copies of the Staff report, were mailed to the applicant and the foliage owner on January 22, 1991, more than 30 days in advance of the hearing; and WHEREAS, a public hearing was subsequently scheduled for February 21, 1991, however, 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, after the suspension of the View Restoration Process was lifted, the Staff report was modified 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 January 18, 1997, more than 30 days in advance of the scheduled March 6, 1997 hearing; and WHEREAS, trees have grown and the property owners at the subject properties have trimmed and removed some of the view impairing trees listed in the original application. WHEREAS, co-applicant, Mr. John P. Watters of 5117 Oconto has moved, and the new owners, Lo Chia I. & Jang Yi Wang and have affirmed their interest in continuing the view restoration process, represented by Cheri Chao, current resident at the site; and V.R.C. Resolution No. 97- Page: 1 0 0 WHEREAS, foliage owners Mr. & Mrs. Ronald & Grace Ross gave notice that they would not be able to attend the scheduled March 6, 1997 hearing, and the View Restoration Commission postponed the hearing to the scheduled March 20, 1997 meeting. WHEREAS, a quorum of Commissioners was not attained on March 20, 1997, and the public hearing was continued to the April 3, 1997 scheduled meeting. WHEREAS, on April 3, 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 applicants at 5113 and 5117 Oconto have a view, as defined by Section 17.02.040 of the City's Development Code, which includes the South Bay cities, Los Angeles Basin and downtown Los Angeles. Section 2: The applicants' viewing area, as defined by Section 17.02.040 of the City's Development Code, includes: the kitchen, dining room, family room and rear patio area at 5113 Oconto Avenue; the master bedroom, dining room, living room, family room, kitchen, rear yard and rear patio area at 5117 Oconto Avenue, Section 3: The subject property at 5071 Silver Arrow contains two 20-foot Ficus trees (side yard), one 40-foot Pine tree (side yard), and seven 35 to 40 foot Pine trees (rear yard), all of which exceed 16 feet as measured from the foliage owner's building pad. The 16-foot measurement is higher than the ridgeline of the primary structure on the foliage owner's property which measures 14 feet. Section 4: The subject property at 5074 Silver Arrow contains 4 pine trees, approximately 35 to 55 feet high (rear yard), all of which exceed 16 feet in height as measured from the foliage owner's building pad. The 16 foot measurement is higher • than the ridgeline of the primary structure on the foliage owner's property which measures 13 feet. Section 5; The subject property at 27317 Warrior contains two Oleander trees, one 12 feet and the other 16 feet in height ( rear yard), 4 Pine trees approximately 35 to 55 feet in height (rear yard), a 30-foot Cypress tree (rear yard), a 23-foot Ficus tree V.R.C. Resolution No. 97- Page: 2 • (rear yard), and an 18-foot Peach tree (rear yard), all of which exceed 16 feet as measured from the foliage owner's building pad. The 16 foot measurement is lower than the ridgeline of the primary structure on the foliage owner's property which measures 22 feet. Section 6 The applicants have complied with the early neighbor consultation process and have shown proof of cooperation on their part to resolve conflicts, as evidenced by letters dated September 18, 1991, that the applicants mailed to the foliage owner by certified and regular mail. Section 7 The subject properties are located less than one thousand (1,000) feet from the applicants' properties. Section 8 The applicants' lots and the foliage owners' lots were created in 1965. The foliage impairing the views did not exist when the lots from which the views are taken were created as evidenced by photographs submitted by one of the applicants which was taken in 1965 and which show none of the subject foliage at the time the lots were created. Section 9: The subject properties are not within the boundaries of the Miraleste Recreation and Park District. Section 1 The subject foliage exceeds 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 applicants' properties. Section it 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 27317 Warrior, after the work required by this permit is performed at the three (3) 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 included in the staff report and evidence presented at the public hearings, the View Restoration Commission hereby orders trimming and removal of foliage at 5071 and 5074 Silver Arrow and 27317 Warrior Drives, as provided in and subject to the conditions outlined in the attached Exhibit "A". V.R.C. Resolution No. 97- Page: 3 • PASSED, APPROVED, AND ADOPTED on the 1st day of May, 1997. /1111 RayInd Green,.' airman Carolyn Petru, Director of Planning, Building & Code Enforcement V.R.C. Resolution No. 97- Page: 4 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 20 1. At 5071 Silver Arrow, cut and thin the 40-foot high Pine tree in the side yard to a height of 20 feet as measured from the base, cut and thin the seven 35-40 foot Pine trees in the rear yard to a height of 20-feet as measured from their base. Remove the two 20-foot Ficus trees in the side yard and their roots. Said cut and thinned trees shall be maintained so that all of the subject trees do not, in the future, exceed the established height level and impair views. 2. At 5074 Silver Arrow, remove by cutting at the base, as close to grade as possible and retaining the root systems, the 4 Pine trees located in the rear yard. To ensure slope stability, prior to the removal of the subject Pine trees, the applicant shall submit a landscape plan for the landscaping of the transitional slope, with soil and sub-structure retaining ground cover, shrubs, and 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 Department. Said replacement foliage shall be maintained so that they do not, in the future, exceed the established height level and impair views. 3. At 27317 Warrior Drive, thin and reduce the two Oleander trees in the rear yard to a height of 14 feet. Remove all Pine trees on the transitional slope by cutting them at the base as close as possible to grade, retaining their root system, and remove all Pine trees in the level portion of the rear yard, including the root. Remove the Cypress tree in the rear yard including the root. Cut and trim the ficus tree in the rear yard to a height of 14 feet, and cut and thin the Peach tree in the rear yard to a height of 14 feet. Said cut and thinned trees shall be maintained so that they do not, in the future, exceed the established height level and impair views. 4. To ensure privacy at 27317 Warrior Drive, prior to the removal of the subject Pine trees, the applicant shall submit a landscape plan for the landscaping of the transitional slope, with soil retaining and privacy screening ground cover, shrubs, and trees, that will not threaten the applicant's restored view, to the satisfaction of the Director of Planning, Building and Code Enforcement Department. Said replacement foliage shall be maintained so that they do not, in the future, exceed the established height level and impair views. 5. The applicant at 5113 and 5117 Oconto shall, not later than 30 days after approval of this permit, present to the City and to the foliage owners at 5071 and 5074 Silver V.R.C. Resolution No. 97-4 Page: 5 Arrow and 27317 Warrior, a minimum of three (3) itemized estimates to remove the subject trees and perform landscape work as identified in Conditions Nos. 1, 2, 3, and 4. 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. 6. 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 applicants. 7. 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. 8. 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. 9. The foliage owners at 5071 and 5074 Silver Arrow and 27317 Warrior Drive, shall, not later than 90 days after the approval of the Permit, remove 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 4 inclusive. 10. The City shall reimburse the foliage owners at 5071 and 5074 Silver Arrow and 27317 Warrior 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. 11. If after 90 days, the required work as specified in Conditions 1 through 4 inclusive is not completed, the City of Rancho Palos Verdes will authorize a licensed V.R.C. Resolution No. 97-4 Page: 6 0 0 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. 12. 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. N:\PLANNING\GUEST\VRC\STAFF.RPT\VRC\RESO\RESO20.RSO V.R.0 Resolution No. 97- Page: 7