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VRC 2002-005 411 0 , . , N RESOLUTION NO. 2002-05 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 122 TO TRIM FOLIAGE AT 6905 CHERTY DRIVE. WHEREAS, on September 26, 2001, Mr. and Mrs. Walter Wey, owners of property located at 28113 Ambergate Drive and Mr. and Mrs. Nam Cho, owners of property located at 28119 Ambergate Drive (herein "the applicants"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore the views from their properties that are significantly impaired by foliage owned by Mr. Robert Steinhauer at 6905 Cherty 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, WHEREAS, on June 20, 2002, 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, the VRC approved VRP #122, 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 28113 and 28119 Ambergate Drive have a view, as defined by Section 17.02.040 of the City's Development Code, of the Pacific Ocean and shoreline. Section 2: The applicants Mr. and Mrs. Walter Wey's primary viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the kitchen, family room, and patio/rear yard area and the applicants Mr. and Mrs. Nam Cho's primary viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the family room, master bedroom, and from a patio/rear yard area. Section 3: The applicant's views are significantly impaired by two Italian Cypress trees, one Aleppo Pine tree, one Monterey pine tree, and one Pittosporum tree on property located at 6905 Cherty Drive (Steinhauer property). Section 4: The applicants have complied with the early neighbor consultation process and have shown proof of cooperation on their part to resolve conflicts. Section 5: Based on evidence provided by the applicants, the subject trees at 6905 Cherty Drive significantly impair the applicant's view. All of the subject foliage is greater than 16 feet in height and/or exceeds the ridgeline of the primary structure and significantly impairs the view of the Pacific Ocean and shoreline from the applicant's viewing area. Section 6; The subject property is located less than one thousand (1,000) feet from both applicants' properties. Section 7: The foliage significantly impairing the view did not exist, as view- impairing vegetation, when the lots from which the views are taken were created. The subject parcel is lot no. 4 of tract 27132, and was created in or about 1962. The applicant's lots are dated 1963. When created, the entire section of the foliage owner's area involved mass grading, which included the removal of all existing vegetation. A copy of a portion of the report documents the removal of all vegetation. This would indicate that any trees that were present on the site in 1961 were removed when the mass grading for the tract occurred and therefore, were not view-impairing foliage when either of the applicants lot were created. Section 8: Trimming the foliage as required to restore the applicant's view, will not cause an unreasonable infringement on the privacy of the foliage owner in that views into the back yard and all the windows of the foliage owner's house located at 6905 Cherty Drive are obstructed because the house is approximately thirty two feet below the pad level of the both the Wey and Cho viewing areas and the foliage on the trees will be low enough to allow view over the foliage or the foliage on the trees will be laced heavily so as to see through. Removing some of the foliage of the subject trees will not cause infringement of the foliage owner's privacy located at 6905 Cherty Drive for the following reasons: 1) only the upper portion of trees on the foliage owner property will be removed, and 2) view of the residence is sheltered by a slope that ends approximately 32 feet below the pad level of the applicant's viewing area. Therefore, trimming the trees will not cause unreasonable infringement of the privacy of the foliage owner. Section 9: The trimming of the subject trees as identified in the attached Exhibit "A", is necessary in order to restore the applicant's 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). Z:\VIEW RESTORATION\VRP CASES\121-130\122-CHO\RESOLUTION.2002-05.DOC 4110• Section 11: Section 1094.6 of the California Code of Civil Procedure governs the time within which the judicial review of the decision reflected in this Resolution, if available, must be sought. 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 approves View Restoration Permit No. 122, and orders the trimming of foliage at 6905 Cherty Drive to restore the view at 28113 and 28119 Ambergate Drive as provided in, and subject to, the conditions outlined in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED on the 1st day of August, 2002 AYES: Chairman Alberio, Vice-Chairman Slayden, Commissioners Drages, Dyda, Frainklin, De Moraes and Weber. NOES: ABSTENTIONS: ABSENT: Commissioner Iseda Gilbert Alberio, Chairman Jo=I Roja-, A.I.\ .P. Dir-ctor o 'Ian ing, Building & Code Enforcement Z:\VIEW RESTORATION\VRP CASES\121-130\122-CHO\RESOLUTION.2002-05.DOC • • EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 122 Foliage on property located at 6905 Cherty Drive (Steinhauer property) shall be trimmed as follows: 1. The Italian Cypress trees (labeled No. 1): Trim down to the Cho pad level as seen from the rear of the Cho property. 2. The Aleppo Pine tree (labeled No. 2): i. Option one: With the consent of the foliage owner, remove the existing tree and replace it. ii. Option two: If the foliage owner does not consent to removing the tree and since it has been topped before, trim down to the rear pad level of the Cho property. This should be done during the cooler months of the year (Nov. - Mar.) 3. The foliage owner may select option one in writing. Lacking his consent within 30 days from approval of this resolution or from denial of an appeal, if applicable, whichever is later, option two shall apply. 4. The Monterey Pine tree: Trim down to a height not to exceed the rear yard pad elevation of the Cho property. 5. The Pittosporum tree: Trim down to a height not to exceed the rear yard pad elevation of the Cho property. 6. The Brazilian Pepper tree (labeled No. 5): Trim down to a height not to exceed the rear yard pad elevation of the Cho property. 7. Other foliage located on the subject property, as seen from the rear yard of the Cho property, shall be trimmed and maintained at a height not to exceed the Cho property pad elevation. 8. The foliage owner shall be responsible to maintain the foliage in such a manner as to not significantly impair the applicant's view by trimming all of the foliage specified in this permit on an annual basis after the initial trimming of the foliage is completed and verified by Staff. 9. If any tree or shrub that is ordered to be culled, laced, or trimmed as specified in this permit, dies within one year of the initial work being performed due to the Z:IVIEW RESTORATION\VRP CASES1121-1301122-CHO\RESOLUTION.2002-05.DOC performance of the work, the applicant or any subsequent owner of the • applicant's property shall be responsible for providing a replacement tree or shrub to the foliage owner. The replacement foliage shall be provided in accordance with the specifications described in Section V-E of the VRP Guidelines and Procedures. 10.No sooner than one year after the initial trimming is completed, City Staff may report to the Commission as to the adequacy of the maintenance schedule, as well as to the foliage owner's ability to maintain the foliage in compliance with these conditions of approval. The Commission shall consider the Staff report and determine if a public hearing to amend the conditions is necessary. If the Commission determines that a hearing is necessary, then a hearing will be held pursuant to Section V.I. of the VRP Guidelines and Procedures. 11.The applicants shall, not later than 30 days after approval of this permit, present to the City, at least one itemized estimate to carry out the aforementioned work. Such estimate is to be supplied by a licensed landscape or licensed tree service contractor, acceptable to the City, which provides insurance certificates in a form acceptable to the City, and shall include all costs of cleanup and removal of debris. In addition, the applicants shall pay to the City an amount equal to the City selected estimate and such funds shall be maintained in a City trust account until completion of work. 12.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. If the foliage owner chooses to do the required work themselves, then the foliage owner shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicant. 13.The 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 applicants shall deposit funds in a City 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. 14.The applicants may withdraw the view restoration request and the trust account funds if the applicants do so within five (5) days after they send the estimate required herein. In the event that the applicants withdraw the request in a timely manner, the foliage owner are not required to perform the work specified by this Permit and this Permit is of no further force and effect. 15.The foliage owner 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 and Z:\VIEW RESTORATION\VRP CASES\121-130\122-CHO\RESOLUTION.2002-05.DOC • shall maintain the vegetation at a height that will not impair a view from another • • property in the future as specified in these Conditions of Approval. 16.The City shall reimburse the foliage owner 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, an amount not to exceed the amount of the applicant's trust account. 17.If the required work as specified herein is not completed within the stipulated time periods, then 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 applicants from the City trust account not later than 30 days after the 90-day time period stipulated expires. 18.Subsequent to the trimming or removal of the foliage, the applicants may, at their discretion, document the restored views for future reference by submitting to the Director of Planning, Building and Code Enforcement, photographs of the restored views taken from the both applicant's viewing areas along with "Documentation of Existing Foliage or View" forms available at the Planning, Building & Code Enforcement Department. Z:\VIEW RESTORATION\VRP CASES\121-130\122-CHO\RESOLUTION.2002-05.DOC