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VRC RES 1991-005 P t . • 111 V.R.C. RESOLUTION NO. 91-5 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 5 TO TRIM FOLIAGE AT 30320 AVENIDA DE CALMA. WHEREAS, on July 3, 1990, Mr. Byong Dae Lee ( "applicant" ) , who owns property located at 30341 Camino Porvenir, filed an application requesting a View Restoration Permit ( "Permit" ) to prune several trees at 30320 Avenida de Calma ( "Subject Property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Mr. John P. Sharkey ( "Foliage 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 foliage owners on August 17, 1990, more than 30 days in advance of the hearing; and WHEREAS, on September 20, 1990, October 4, 1990, October 18, 1990, November 1, 1990 and December 6, 1990, after all voting members of the View Restoration Committee had visited the site, the Committee held duly noticed public hearings 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 has a view as defined by Section 17. 02.040 of the City's Development Code, which includes Catalina Island, the peninsula coastline and the ocean. Section 2: The applicants ' viewing area, as defined by Section 17 .02.040 of the City' s Development Code, includes the kitchen, dining room, and family room of the applicant' s residence at 30341 Camino Porvenir. Section 3 : The subject property contains numerous trees including three Halepenis (Aleppo Pine) which exceed 35 feet measured from their base ( rear yard) , eight Cupressocyparis (Cypress) which exceed 20 feet measured from their base (mid rear slope) , seven Cupressocyparis (Cypress) which exceed 20 feet measured from their base ( rear yard) at 30320 Avenida de Calma, all of which exceed the ridgeline of the primary structure on the property, which is taller than a 16 foot height. Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the acknowledgment of View Restoration Request signed by the foliage owner and applicant on June 23, 1990 and submitted with the application on July 3, 1990. • Section 5: Portions of the trees exceed the ridgeline of the primary structure and impair applicant' s the view of the ocean and channel islands from the applicants viewing area. Section 6: The subject property is adjacent to the applicant' s property, less than one thousand ( 1,000) feet from the applicant' s property. Section 7: The applicant' s lot was created in 1969 and the property owner' s lot was created and developed at the same time. A 1976 aerial photograph evidences no vegetation on the subject property. Thus the evidence indicates that the subject foliage did not exist when the applicant' s lot was created and therefore no view impairment existed. Section 8 : The 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 lower portions of the subject trees will remain. The removal of the upslope trees will not impact privacy since the lower portions of surrounding trees will remain to protect the foliage owner' s privacy. Section 9: The foliage owner' s property is not within the boundaries of the Miraleste Recreation and Park District. Section 10: Trimming the upslope trees to less than half of their existing height is necessary in order to restore views at the applicant' s property. These trees can be trimmed to restore views without threatening the health of the vegetation. Section 11: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is a categorically exempt under Class 4 of that section, since this permit does not involve the removal of mature and scenic trees. 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 30320 Avenida de Calma to restore views at 30341 Camino Porvenir, as provided in and submit to the conditions outlined in the attached Exhibit "A" . PASSED, APPROVED, and ADOPTED on the 17th day of January, 1991 . 2114,_ Lawrence E. Clark Chairman )447t/i24;ftor f Enonmental Services V.R.C. Resolution No. 91-5 Page 2 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 5 1 . The three ( 3) Halepenis (Aleppo Pine) located within the rear and side transitional slope and approximately 8 feet above the building pad at 30320 Avenida de Calma shall be trimmed and maintained to a height which does not exceed a diagonal line drawn from a point three ( 3 ) feet above the building pad at 30341 Camino Porvenir and extending to the ridgeline of the residence at 30320 Avenida de Calma. 2 . The eight (8 ) Cupressocyparis leylandii (Cypress) located within the rear and side transitional slope approximately 15- 20 feet above the building pad at 30320 Avenida de Calma shall be trimmed and maintained to a height which does not exceed a diagonal line drawn from a point three ( 3) feet above the building pad at 30341 Camino Porvenir and extending to the ridgeline of the residence at 30320 Avenida de Calma. 3. The seven (7 ) Cupressocyparis leylandii (Cypress) located along the rear property line near the top of the transition slope approximately 25 feet above the building pad at 30320 Avenida de Calma shall be trimmed and maintained to a height which does not exceed a diagonal line drawn from a point three ( 3 ) feet above the building pad at 30341 Camino Porvenir and extending to the ridgeline of the residence at 30320 Avenida de Calma. 4. The applicant shall , not later than 30 days after approval , present to the City and to the property owner at 30320 Avenida de Calma a minimum of three ( 3) itemized estimates to carry out the aforementioned work, such estimates to be supplied by a landscape or tree service contractor licensed to perform 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 foliage owner shall select a contractor from the list of contractors provided by the applicant or another firm of their choice to perform the work required by this permit. However, the foliage owner shall only be reimbursed for the amount of the lowest bid, submitted by the applicant. V.R.C. Resolution No. 91-5 Page 3 411 410 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 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, 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 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 foliage owner at 30320 Avenida de Calma shall , not later than 90 days after the approval of the Permit, 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 through 3 inclusive. 9. The City shall reimburse the foliage owner at 30320 Avenida de Calma from the City's trust account, not later than 30 days after the receipt of the appropriate billing and the satisfactory completion of the required work, in an amount not to exceed the amount of the applicant' s trust account. 10. 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 reimbursed the applicant from the City trust account not later than 30 days after the City completes the work. 11 . Subsequent to the completion of the required trimming, the applicant may, at their discretion submit to the Director of Environmental Services photographs and a "Documentation of Existing Foliage" form available at the Department of Environmental Services to document the restored view for future reference. V.R.C. Resolution No. 91-5 Page 4