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VRC RES 1990-004 411 V.R.C. RESOLUTION NO. 90-4 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 8 TO TRIM AND REMOVE FOLIAGE AT 28533 SEAMOUNT DRIVE. WHEREAS, on July 12 , 1990, Kamal R. Neimat ( "applicant" ) , who owns the property located at 28517 Seamount Drive in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit" ) to remove seven cypress trees and trim two eucalyptus and two oleander trees on property located at 28533 Seamount Drive ( "subject property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by R. Steven Shean ( "property owner" ) ; and WHEREAS, notice of the hearing before the View Restoration Committee ( "Committee" ) , along with copies of the staff report, were mailed to the applicant and property owner on August 31, 1990, more than 30 days in advance of the hearing; and WHEREAS, on September 20, 1990, after all voting members of the View Restoration Committee had visited the site, the Committee 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 COMMITTEE OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1 : The applicant at 28517 Seamount Drive has a view, as defined by Section 17.02.040 of the City' s Development Code, which includes the Catalina Channels . Section 2: The applicant' s viewing area, as defined by Section 17.02.040 of the City' s Development Code, includes the living room, kitchen, patio, and rear yard of the applicant' s residence at 28517 Seamount. Section 3: The subject property at 28533 Seamount Drive contains numerous trees located along the eastern side of the subject property. Each of the following trees, listed here with its height as measured from the base of each tree, exceed the ridgeline of the house located on the subject property: 2 Eucalyptus trees, 23 feet and 24 feet high 1 Oleander tree, 12 feet high Fleylandii cypress trees, 14 feet to 23 feet high Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his part to resolve conflicts, as evidenced by the 411 Acknowledgment of View Restoration Request form signed by the property owner. Section 5: Two eucalyptus trees, seven Fleylandii cypress trees and one oleander tree located adjacent to the eastern property line are higher than the ridgeline of the structure and impair the view from the applicant' s viewing area; the upper sections of these trees impairs the view of the Catalina Channel . Section 6: The subject property is contiguous to the applicant' s property and is, therefore, less than one thousand (1, 000) feet from the applicant' s property. Section 7 : The foliage impairing the view did not exist when the lot from which the view is taken was created, since the applicant's and foliage owner' s lots were both created in 1971 . Also, 1976 aerial photos shows very young foliage in the side yard. Section 8: Removal and trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located, as the property owner' s backyard will still be sufficiently screened from the applicant's rear yard by the remaining foliage. Section 9: The property does not lie within the boundaries of the Miraleste Recreation and Park District. Section 10: Trimming of the five southernmost cyprss trees to approximately half their existing height is necessary in order to restore the view. However, trimming of the five trees to this height would endanger the life of the trees and would have a negative aesthetic impact. Therefore, removal of the five cypress trees is required. Section 11 : The two eucalyptus trees, two northernmost cypress trees and northernmost oleander tree can be trimmed to restore view without threatening the health of the vegetation. Section 12: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section. Section 13: Based on the foregoing, and on the information and findings included in the Staff Report and evidence presented at the public hearing, the View Restoration Committee hereby orders trimming or removal of foliage at 28533 Seamount Drive to restore views at 28517 Seamount Drive, as provided in and subject to the conditions outlined in the attached Exhibit "A" . III 411 PASSED, APPROVED and ADOPTED on the 1st day of November, 1990. C:S• '2.- 011Ak. Larry Clark Chairman Robert Benard, Director of Environmental Services 411 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 8 1 . Five southernmost cypress trees shall be removed from the side yard at 28533 Seamount Drive, such removal to include grinding the tree stump to a depth of at least 18 inches below ground. 2. Two eucalyptus trees on the east side of the property at 28533 Seamount Drive shall be reduced to a maximum height not to exceed 16 feet in height as measured from the base of each tree and shall be maintained so that the trees do not in the future exceed 16 feet in height, and so that the foliage does not impair the view. 3. The two northernmost cypress trees and the one northernmost oleander tree on the property at 28533 Seamount Drive shall be reduced to a maximum height not to exceed 19 feet in height as measured from the building pad, and maintained so that the trees do not in the future exceed 19 feet in height, and so that the foliage does not impair the view. 4. The applicant at 28517 Seamount Drive shall , not later than 30 days after approval , present to the City and to the property owner at 28533 Seamount Drive a minimum of three ( 3 ) itemized estimates to carry out the aforementioned work, such estimates to be supplied by landscape or tree service contractors licensed to do work in the City of Rancho Palos Verdes, and to 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 the work. 5. The property owner shall select a contractor from the list or another firm of their choice to perform the required work. However, the property owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. 6 . The applicant may reduce the scope of the removal and/or trimming required by this Permit by giving the City and the property 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, removal or trimming of the vegetation which the applicant has chosen to eliminate would then require an entirely new view restoration application and fee. 011 7 . The applicant may withdraw his view restoration request and his trust account funds if the applicant does so within 5 days after the applicant sends the three ( 3 ) estimates required by Condition Number 4, above. In the event that the applicant withdraws his request in a timely manner, the property owner is not required to perform the work required by this Permit and this Permit is of no further force and effect. 8. The property owner at 28533 Seamount Drive shall , not later than 90 days after the approval of the Permit, remove and trim the vegetation on his/her property to the extent required by this Permit, and shall maintain such vegetation to a height that will not impair a view from another property in the future as specified in Conditions 1, 2 and 3. 9. If after 90 days the foliage has not been removed or trimmed, the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work at the subject property at the property owner' s expense. In the event that the City is required to perform the work at the property owner' s expense, the City shall reimburse the applicant from the City trust account not later than 30 days after the City completes the work. 10. The City shall reimburse the property owner at 28533 Seamount 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, required by this permit in amount not to exceed the amount of the applicant' s trust account.