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VRC RES 1990-001 411 V.R.C. RESOLUTION NO. 90-1 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 1 TO TRIM AND REMOVE FOLIAGE AT 5920 MOSSBANK DRIVE. WHEREAS, on June 14, 1990, Kevin Rehm ( "applicant" ) , who owns the property located at 5925 Clint Place, in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit" ) to remove 8 pine trees and trim 2 other trees on property located at 5920 Mossbank Drive ( "subject property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Chuan-Yi Hsu ( "property owner" ) ; and WHEREAS, notice of the View Restoration Committee' s ( "Committee" ) hearing, along with copies of the staff report, were mailed to the applicant and property owner on August 3, 1990, more than 30 days in advance of the hearing; and WHEREAS, on September 6, 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 5925 Clint Place has a view, as defined by Sec. 17 .02 .040 of the City' s Development Code, which includes the Los Angeles basin and City lights and the Santa Monica Bay. Section 2: The applicant' s viewing area, as defined by Sec. 17.02.040 of the City' s Development Code, includes the living room, patio, and rear yard of the applicant' s residence at 5925 Clint Place. Section 3: The subject property at 5920 Mossbank Drive contains numerous trees, including eight Canary Island Pine trees, one Ash tree, and a Myoporum tree, all of which exceed the ridgeline of the house which is the primary structure on the property. The pine trees are located in groups of three and five in the rear yard and range from 40-60 feet in height, the Ash tree is located near the east side of the house in the rear yard and is about 40 feet in height, and the Myoporum tree is located at the western property line in the rear yard about halfway up the slope and is about 25 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 a series of certified letters between the applicant and the property owner. Section 5: Eight Canary Island Pine trees, one Ash tree, and one Myoporum tree exceed sixteen feet which is lower than the ridgeline of the primary structure, and which impairs a view from the applicant' s viewing area. The upper third to one-half of one group of three pine trees and the upper 10 feet of the Ash tree obstruct the applicant' s view of the Los Angeles Basin and City lights, while the upper third to one-half of another group of five pine trees and the Myoporum tree impair the applicant's view of the Santa Monica Bay. 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 lot was created in 1959, while the lot containing the subject foliage was not created until 1970. Also, 1976 aerial photos show only a few small trees which could not have impaired the view. Section 8: Removal or 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 privacy was left unprotected when the property owner previously removed other foliage. Further removal may impact outdoor privacy slightly, but could be addressed and enhanced with selective planting and/or replacement of trees. The applicant agreed at the public hearing to pay for replacement trees. Section 9: The property does not lie within the boundaries of the Miraleste Recreation and Park District. Section 10: Trimming of the pine trees to approximately half their existing height is necessary in order to restore the view. However, trimming of the pine trees to this height would endanger the life of the trees and would have a negative aesthetic impact. Therefore, removal of the pine trees is required. Section 11: The Ash and Myoporum trees can be trimmed to restore views 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. -2- faction 13. Based on the foregoing, and on the information and findings included in the staff report and the evidence presented at the public hearing, the View Restoration Committee hereby orders trimming and removal of foliage at 5920 Mossbank Drive to restore views at 5925 Clint Place, as provided in and subject to the conditions outlined in the attached Exhibit PASSED, APPROVED and ADOPTED on the 20th day of September, 1990. CLitj22, Larry Clark, Chairman _ 110LA Ro ert Benard, Director of Environmental Services • -3- 900411 us 4140140 (1) • i • EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 1 1. Eight Canary Island Pine trees shall be removed from the rear yard at 5920 Mossbank Drive, such removal to include grinding the tree stump to a depth of at least 18 inches below ground. • 2. The Ash tree on the east side of the house in the rear yard at 5920 Mossbank Drive shall be reduced .to a maximum height not to exceed 23 feet in height and shall be maintained so that the tree does not in the future exceed 28 feet in height. 3. The Myoporum tree at the western property line in the rear yard at 5920 Mossbank Drive shall be reduced to a maximum height not to exceed 18 fest in height (approximately even with the Myoporum on the adjacent property) and shall be maintained at that height. 4. The property owner may, not later than 30 days after approval of the View Restoration Permit, request three (3) replacement trees from a list available from the City's Parks Superintendent, to be planted at locations to be determined by the property owner, such that the trees will not in the future grow into a view from another property. Such trees shall be i5-gallons in size and all costs associated with the purchase and installation of the trees shall be paid by the applicant. If the property owner requests trees larger than 15-gallons in size the property owner shall contribute to any difference in cost between the amount provided by the applicant end the actual cost of purchase and installation. 5. The applicant at 5925 Clint Place shall, not later than 30 days after approval, present to the City and to the property owner at 5920 Mos abank Drive a minimum of three (3) 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. 6. If the property owner at 5920 Mossbank Drive requests tree replacement, the applicant shall, not later than 60 days after approval of this Permit, present to the City and to AP the property owner at 5920 Mossbank Drive a minimum of -4- 900911 ass 1540140 (1) 411 three (3) estimates to purchase and install the desired replacement trees, such estimates to be supplied by landscape contractors licensed to work in the City of Rancho Palos Verdes and to include double staking and fertilizer stakes. In addition to these estimates, the applicant shall pay to the City an amount equal to the lowest of the three estimates, such funds to be maintained in a City trust account until completion of the work. 7. The property owner at 5920 Mossbank 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. 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. 8. If the property owner requests replacement trees, the property owner shall, not later than 120 days after this approval, replace such trees and maintain such replacement trees at heights that will not impair a view from another property in the future. 9. The City shall reimburse the property owner at 5920 Mossbank Drive, not later than 30 days after receipt of the appropriate billing and the satisfactory completion of the required work, an amount not to exceed the amount of the applicant's trust account. 10. 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 in the City trust account accordingly; however, removal or trimming of the remaining vegetation would then require an entirely new view restoration application and fee. 11. Thea applicant withdraw his request and his trust pP may account funds if the applicant does so within 5 days after the applicant sends the three (3) estimates required by Condition Number 5, 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. .5- 900911 us 1840140 (1)