Loading...
VRC RES 1997-002 V.R.C. RESOLUTION NO. 97 - 2 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 21 TO TOP, TRIM, AND/OR REMOVE SEVERAL TREES AT 6523 ABBOTSWOOD DR. WHEREAS, on October 16, 1990, Mrs. Anita Gash, and Mr. Patrick Cheng ("co- applicant's"), who own property located at 6534 and 6540 Eddinghill 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 6523 Abbotswood Dr. ("the subject property"), in the City of Rancho Palos Verdes ("City") owned by Mr. Omid Safavian, respectfully ("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 applicant and the foliage owners on January 20, 1997, 30 days in advance of the hearing; and WHEREAS, on February 20, 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 co-applicant's at 6534 and 6540 Eddinghill Dr. have a view, as defined by Section 17.02.050 of the City's Development Code, which includes the Pacific Ocean and Catalina Island. Section 2 The co-applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, includes: the sun room/patio and a bedroom at the rear of the property from 6534 Eddinghill Dr. (the Gash property), and from the living room and two bedrooms at the rear of the property located at 6540 Eddinghill Dr. (the Cheng property). Section 3: The subject property at 6523 Abbotswood Dr. contains three (3) Eucalyptus Sideroxyln, one (1) Acacia, and two (2) Brazilian Pepper trees that significantly impair co-applicants' view. 0 0 Section 4: The co-applicant's have complied with the early neighbor consultation process and have shown proof of cooperation on their part to resolve conflicts, as evidenced by the letter dated January 17, 1991 and receipt for certified mail sent to the foliage owner at 6523 Abbotswood Dr., and the Acknowledgment of View Restoration Request forms signed by the foliage owner. Section 5: Based on evidence provided by the co-applicant's, the subject trees at 6523 Abbotswood Dr. significantly impair a portion of both applicant's primary view. Two (2) Eucalyptus trees measure approximately 30 to 40 feet in height, one (1) Eucalyptus tree measures approximately 15-20 feet in height, one (1) Acacia tree measures approximately 20 feet in height, and the two (2) Brazilian Pepper trees measure approximately 16 to 20 feet in height. All trees exceed the ridge line of the primary structure of the foliage owner's property, which is approximately 14 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 the co-applicant's property. Section 7 The co-applicant's and foliage owner's properties were created in 1962 indicating that the subject trees did not exist prior to the establishment of the lots. Section 8: The recommended removal of the subject trees, without replacement of such foliage, could increase slope erosion. Therefore, the tree stumps and the root systems shall remain intact and replacement shrubs shall be planted, as identified in Condition No. 3 of attached Exhibit "A". Section a: The recommended topping, trimming, and/or removal of the subject trees may cause an increased or unreasonable infringement on the privacy of the foliage owner since the subject trees do partially screen the subject property for privacy. As a result, replacement shrubs shall be planted by the foliage owner as identified in Condition No. 6 of attached Exhibit "A". Section 10; The topping, trimming, and/or removal of the subject trees as identified in Conditions 1, 2, 4 and 5 of attached Exhibit "A", is necessary in order to restore both applicant's view. Section I 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 co-applicants' 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 12: 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 of the two large Eucalyptus Sideroxyln, the trimming and/or removal of the smaller Eucalyptus Sideroxyln, the trimming of the Acacia tree, and the trimming of the two Brazilian Pepper trees in the rear yard at 6523 Abbotswood Dr. to restore views at 6534 and 6540 Eddinghill Dr., as provided in, and subject to, the conditions outlined in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED on the 3rd day of April, 1997. 41if, ' /AL! - Ray�'�ond Green, hair an Carolyn Petru, Director of Planning, Building & Code Enforcement III 0 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 21 1. The crowns of the two large Eucalyptus Sideroxyln shall be topped to a height equal to that of the pad level of the applicant's residence at 6540 Eddinghill Dr. and maintained in such a manner so as to restore both applicant's view, or removed with the consent of the foliage owner . 2. Because the smaller Eucalyptus Sideroxyln would have to be trimmed from the top in order to restore the co-applicant's view, it would probably die if such radical trimming were to occur. Therefore, this tree should be removed, however, not without the consent of the foliage owner. If the foliage owner does not grant the authority to remove the tree, then the upper one-half of the tree shall be trimmed and maintained as such. 3. Where trees are removed, the stumps and the root systems shall remain intact and the area shall be replanted by the foliage owner (at the co-applicant's expense) with Acacia Redolens, or a similar plant species approved by the Director of Planning, Building and Safety, and Code Enforcement. Any newly planted foliage shall be maintained at a height that will not impair a view from another property in the future. 4. The Acacia tree shall be trimmed to a plane running from the lowest pad level of the applicant's residence at 6540 Eddinghill Drive, down to the ridge line of the foliage owner, which measures 14 feet in height, and maintained as such. 5. The two (2) Brazilian Pepper trees shall be trimmed to a plane running from the lowest pad level of the applicant's residence at 6540 Eddinghill Drive, down to the ridge line of the foliage owner which measures 14 feet in height, and maintained as such. 6. A row of Acacia Redolens or a similar low-growing species approved by the Director of Planning, Building and Safety, and Code Enforcement, shall be planted by the foliage owner (at the co-applicant's expense), near the top of the transitional slope to provide additional privacy screaning. Any newly planted foliage shall be maintained at a height that will not impair a view from another property in the future. 7. The co-applicant's at 6534 and 6540 Eddinghill 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 the replacement foliage. Such estimates are to be supplied by licensed landscape or licensed tree service contractors, acceptable to the City, which provide 0 0 insurance certificates in a form acceptable to the City, and shall include all costs r 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. 8. 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-applicant's. 9. The co-applicant's 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 applicants 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. 10. The co-applicant's may withdraw their view restoration request and their trust account funds if the co-applicant's do so within five (5) days after the co- applicant's send the three (3) estimates required by Condition No. 7 above. In the event that the co-applicant's 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. 11. The foliage owner at 6523 Abbotswood Dr., 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 described in Condition No. 6, 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 6 inclusive. 12. The City shall reimburse the foliage owner at 6523 Abbotswood 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-applicant's trust account. 13. If after 90 days the required work as specified in Conditions 1 through 6 inclusive 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-applicant's from the City trust account not later than 30 days after the City completes the work. 14. Subsequent to the trimming or removal of the foliage, the co-applicant's 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 • 0 restored view taken from the viewing area of both applicants' properties along with a "Documentation of Existing Foliage" form available at the Planning, r Building & Code Enforcement Department. N:\PLANNING\G U EST\VRC\STAFF.RPT\VRC\RESO\RESO21.RSO