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VRC RES 1990-003 411 V.R.C. RESOLUTION NO. 90-3 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 3 TO TRIM FOLIAGE AT 4112 LORRAINE ROAD, 4116 LORRAINE ROAD AND 4124 LORRAINE ROAD. WHEREAS, on June 19, 1990, Chris and Edith Brines ( "applicants" ) , who own the property located at 4113 Lorraine Road in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit" ) to prune several trees and shrubs on properties located at 4112 Lorraine Road, 4116 Lorraine Road and 4124 Lorraine Road ( "subject properties" ) , in the City Rancho Palos Verdes ( "City" ) owned by John Carroll , William Sulentor and Robert Jacobs, respectively ( "property owners" ) ; 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 owners on August 3, 1990, more than 30 days in advance of the hearing; and WHEREAS, on September 20, 1990 and October 4, 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 4113 Lorraine Road has a view as defined by Section 17 .02.040 of the City' s Development Code, which includes the harbor, the Vincent Thomas Bridge, the ocean and city lights. 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 master bedroom of the applicant's residence at 4113 Lorraine Road. Section 3: The subject properties contain numerous trees including one coral tree 20 to 25 feet high (front) and one avocado tree 20 to 25 feet high (north side yard) at 4112 Lorraine Road; one olive tree 20 to 25 feet high (front yard) one jacaranda tree 20 to 25 feet high ( south rear yard) and ten cypress trees 10 to 15 feet high ( south side yard) at 4116 Lorraine Road; and one silk oak tree 50 to 70 feet high (north side yard) , three canary island pines 60 to 80 feet high (rear yard) and one pittosporum tree 20 to 30 feet high (south rear yard) at 4124 Lorraine Road, all of which exceed the ridgeline of the house 411 111 which is the primary structure on each property. 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 certified letters that the applicant mailed to each property owner. Section 5: The portion of the avocado tree at 4112 Lorraine above the ridgeline impairs the view of the harbor and city lights, the portion of the coral tree at 4112 Lorraine and the jacaranda tree and ten cypress trees at 4116 Lorraine above the ridgelines impair the view of the harbor and ocean and the portion of the silk oak, canary island pines and pittosporum trees at 4124 Lorraine above the ridgeline impair the view of the ocean. Section 6: The jacaranda tree adjacent to the north side property line of 4112 Lorraine Road is excluded from this Permit since it is located at 4100 Lorraine Road and is subject to a recorded Landscape Covenant. Section 7: The subject properties are across the street from the applicant' s property and are, therefore, less than one thousand ( 1,000) feet from the applicant' s property. Section 8 : The foliage impairing the view did not exist when the lot from which the view is taken was created, since the applicant's and property owner's lots were all created in 1924 at the same time and the foliage is not indigenous to the Palos Verdes Peninsula at the same time. Section 9: 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 only those portions of the trees above the ridgeline are to be pruned or thinned to restore the view. Section 10: The subject properties are within the boundaries of the Miraleste Recreation and Park District. In order to balance the applicant' s right to a view with the preservation of trees, the trees which are subject to this Permit, are required to be pruned and thinned, rather than removed. Section 11: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section. Section 12: 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 Committee hereby orders trimming of foliage at 4112 Lorraine Road, 4116 Lorraine Road and 4124 Lorraine Road to restore views at 4113 Lorraine Road, as provided in and subject to the conditions outlined in the attached Exhibit "A" . V.R.C. Resolution No. 90-3 Page 2 411 111 PASSED, APPROVED and ADOPTED on the 18th day of October, 1990. 441,1!). CZ)111SILIft Larry Clark Chairman 2R1ob rt Benard, Director of Environmental Services V.R.C. Resolution No. 90,3 Page 3 411 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 3 1. At 4112 Lorraine Road, the avocado tree in the north side yard and the coral tree in the front yard shall be reduced to the ridgeline of the primary structure, and shall be maintained so that the trees do not in the future exceed the ridgeline, and does not impair the view 2. At 4116 Lorraine Road, the olive tree in the front yard shall be reduced to a maximum height not to exceed 16 feet in height and the jacaranda tree in the south rear yard shall be reduced to the ridgeline of the primary structure. Both trees shall be maintained so that the trees do not in the future exceed 16 feet and the ridgeline, and does not impair the view. The ten cypress trees in the south side yard shall be reduced to a maximum height not to exceed 6 feet, which is the maximum height permitted for a hedge, pursuant to Development Code Section 17.42.020B. 3. At 4124 Lorraine, the silk oak tree in the north side yard shall be reduced to a maximum height not to exceed 20 feet in height and the pittosporum tree in the south rear yard shall be reduced to the ridgeline of the primary structure. Both trees shall be maintained so that the trees do not in the future exceed 20 feet and the ridgeline, respectively, and foliage does not impair the view. The three canary island pine trees in the rear yard shall be laced every 1 1/2 to 2 years, with the next scheduled lacing completed during the winter of 1990. 4. The applicant at 4113 Lorraine Road shall , not later than 30 days after approval , present to the City and to the property owners at 4112 Lorraine Road, 4116 Lorraine Road and 4124 Lorraine Road 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. V.R.C. Resolution No. 90-3 Page 4 411 111 5. The property owners shall select a contractor from the list and inform the City of their decision within ten ( 10) days of the receipt of the estimates. 6. The applicant may reduce the scope of the removal and/or trimming required by this Permit by giving the City and the property owners written notice of the applicant' s decision within 30 days of this approval . The applicant shall deposit funds in the City 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. 7 . The applicant may withdraw his 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 6, 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 owners at 4112, 4116 and 4124 Lorraine Road shall , not later than 90 days after the approval of the Permit, trim or lace 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 trimmed, or laced the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work at the subject property at the properties owners' 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 owners at 4112, 4116 and 4124 Lorraine Road from the applicant' 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 an amount not to exceed the amount of the applicant' s trust account. V.R.C. Resolution No. 90-3 Page 5