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VRC RES 1991-004 111 111 V.R.C . RESOLUTION NO. 91-4 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO . 12 TO TRIM FOLIAGE AT 2062 REDONDELA TO RESTORE VIEWS FROM PROPERTY LOCATED AT 27714 ELDENA. WHEREAS , on August 9 , 1990 , Mr. and Mrs . George Bock ("applicant" ) , who own the property located at 27714 Eldena in the City of Rancho Palos Verdes ("City" ) , filed an application requesting a View Restoration Permit ( "Permit" ) to prune or remove several trees and shrubs on property located at 2062 Redondela ("subject property" ) in the City of Rancho Palos Verdes owned by Mr. and Mrs . Ian Tober ("foliage 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 foliage owners on November 5 , 1990 , more than 30 days in advance of the hearing ; and WHEREAS , on December 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 27714 Eldena has a view as defined by Section 17 .02 .040 of the City ' s Development Code , which includes views to the north of the Green Hills Cemetery which is considered a "near view" of a pastoral environment . Section 2 : The applicant ' s viewing area, as defined by Section 17 .02 .040 of the City ' s Development Code , include the living room, dining room, kitchen, and family room of the applicant ' s residence at 27714 Eldena. Section 3 : 16 feet as measured from the pad elevation of the subject property is lower than the ridgeline of the structure which is approximately 18-20 feet in height as measured from the pad elevation. 111 Section 4 : The subject property contains one fig tree located ups lope of the subject property residence approximately 37 feet in height as measured from the pad elevation, one citrus tree located on the pad of the subject property approximately 20 feet in height as measured from the pad elevation, and one evergreen pear tree located on the pad of the subject property approximately 21 feet in height , all of which impair the view as defined by Section 17 .02 .040 of the City ' s Development Code . Section 5 : The applicant has complied with the early neighbor consultation process and has shown proof of the early neighbor consultation process with the foliage owner as evidenced by the correspondence between their respective attorneys regarding view restoration. Section 6 : The foliage described above in Section 3 is higher than 16 feet in height as measured from the pad elevation of the subject property and impairs the view from the applicant ' s viewing areas. Section 7 : The subject property is located north of and immediately adjacent to the applicant ' s property, less than 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 both properties are located in the same tract which was created in 1960 , both properties were developed concurrently, and the subject foliage is not endemic to the area and is therefore unlikely to have existed prior to the creation of the lots . Section 9 : Trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the subject property because the subject property is only visible when viewed from the far edge of the applicant ' s property. Section 10 : The subject properties are not located within the boundaries of the Miraleste Recreation and Park District . Section 11 : All of the above described vegetation can be trimmed to the specified heights 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, since the permit does not involve the removal of mature or scenic trees . 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 of foliage at 2062 Redondela to restore views at 27714 Eldena, as provided in and subject to the conditions outlined in the attached Exhibit "A" . V.R.C . Resolution No . 91-4 Page 2 111 PASSED, APPROVED, and ADOPTED this 17th day of January, 1991 . 0?$3114sU/Y-C2 C-06-J1 Lawrence E. Clark Chairman / 14- 4( Ro er 1341, Director of nvi onmental Services V.R.C . Resolution No . 91-4 Page 3 411 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO . 12 1 . The fig tree shall be trimmed, at the applicant 's expense to either: a) a height not to exceed 16 feet as measured from the pad elevation of the subject property or; b) prune up the foliage from below to restore views under the foliage . The determination as to which method is used to restore the view shall be at the discretion of the foliage owner. The tree shall then be maintained at this height by the foliage owner so that it does not impair the view. 2 . The citrus tree and the evergreen pear tree shall be trimmed at the applicant ' s expense so as not to exceed 16 feet in height as measured from the pad elevation and shall be maintained at this height by the foliage owner so as not to impair the view. 3 . The applicant shall , not later than 30 days after approval , present to the City and to the foliage owner at 2062 Redondela 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. 4 . 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. However, the foliage owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant . 5 . The applicant may reduce the scope of the removal and/or trimming required by this Permit by giving the City and the foliage 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, removal or trimming of the vegetation which the applicant has chosen to eliminate would then require an entirely new view restoration application and fee . 6 . 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 foliage owner is not required to perform the work required by this Permit and this Permit is of no further force and effect . V.R. C . Resolution No . 91-4 Page 4 4117 . The foliage owner at 2062 Redondela 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 and 2 . 8 . The City shall reimburse the foliage owner at 2062 Redondela 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, in an amount not to exceed the amount of the applicant ' s trust account . 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 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 applicant from the City trust account not later than 30 days after the City completes the work. 10 . Subsequent to the trimming of the foliage , the applicant may, at his/her discretion, document the restored view for future reference by submitting to the Director of Environmental Services photographs of the restored view taken from the viewing areas of the applicant ' s property along with a "Documentation of Existing Foliage" form available at the Department of Environmental Services . V.R. C . Resolution No . 91-4 Page 5