VRC RES 1991-002 4 r
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V.R.C . RESOLUTION NO . 91-2
A RESOLUTION OF THE VIEW RESTORATION COMMITTEE
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO . 6 TO TRIM FOLIAGE
AT 30405 AVENIDA DE CALMA.
WHEREAS , on July 5 , 1990 , Mr. and Mrs . William Traver
("applicants" ) , who own property located at 30367 Avenida de
Calma, filed an application requesting a View Restoration Permit
("Permit" ) to prune several trees and shrubs at 30405 Avenida de
Calma ( "Subject Property" ) , in the City of Rancho Palos Verdes
("City" ) owned by Mr. and Mrs . Hooshang Mozaffari ( "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 applicants and property owners on August 16 ,
1990 , September 20 , 1990 , November 1 , 1990 more than 30 days in
advance of the hearing ; and
WHEREAS , on September 20 , 1990 , November 1 , 1990 , November
15 , 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 applicants at 30367 Avenida de Calma have a
view as defined by Section 17 .02 .040 of the City ' s Development
Code , which includes the ocean.
Section 2 : The applicants ' viewing area, as defined by
Section 17 .02 .040 of the City ' s Development Code , includes the
living room, kitchen, and covered patio of the applicants '
residence at 30367 Avenida de Calma.
Section 3 : The subject property contains several trees and
shrubs including one acacia tree 21 feet high and five shrubs ,
(north side yard) all of which exceed 16 feet in height measured
from the existing pad, which is lower than the ridgeline .
Section 4 : The applicants have complied with the early
neighbor consultation process and has shown proof of cooperation
on their part to resolve conflicts , as evidenced by the signed
letter of acknowledgment of View Restoration Request form that the
applicants mailed to the foliage owner and that was submitted to
the City with the permit application.
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Section 5 : Portions of the acacia tree and five shrubs at
30405 Avenida de Calma exceed 16 feet as measured from the
existing building pad and impair the view of the ocean at the
applicants ' properties .
Section 6 : The foliage owner' s property is adjacent to the
applicant ' s property, which is less than one thousand ( 1 ,000 ) feet
from the applicants ' properties .
Section 7 : The applicants ' and foliage owner ' s lots were
both created in 1969 and developed concurrently . A 1976 aerial
photograph evidences a few small non-indigenous trees on the
subject property which indicate that the subject foliage did not
exist when the applicants ' lot was created.
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 and shrubs will remain. The removal of the
three lower branches of the Acacia to the trunk and trimming of
the shrubs to the 16 foot height measured from the building pad
will not impact privacy, since the lower portions of surrounding
shrubs 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 three lower branches of the acacia
tree to the trunk and the five shrubs to a 16 foot height as
measured from the building pad is necessary in order to restore
views at the applicants ' properties . The acacia tree and five
shrubs 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 the project does not
involve the removal of scenic and mature 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 30405 Avenida de Calma to restore
views at 30367 Avenida de Calma, as provided in and subject to the
conditions outlined in the attached Exhibit "A" .
V.R.C. Resolution No . 91-2
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PASSED, APPROVED, and ADOPTED on the 17th day of January ,
1991 .
Toz,,f0,52_ c9-6,1,.._
Lawrence E. Clark
Chairman
R e t Benar Director o
nvi onmental Services
V.R.C . Resolution No . 91-2
411
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO . 6
1 . At 30405 Avenida de Calma, the twenty-one foot high acacia
tree located north of the residence in the side yard and the
five shrubs located upslope of the residence along the north
side yard shall be trimmed. The three lower branches of said
tree shall be trimmed to the trunk. Said tree shall be
maintained so that the lower branches of the tree do not , in
the future , impair views . The five shrubs located upslope of
the residence along the north side yard shall be trimmed and
maintained to 16 feet as measured from the building pad , so as
not to impair the view.
2 . The applicants at 30367 Avenida de Calma shall , not later than
30 days after approval , present to the City and to the
foliage owners at 30405 Avenida de Calma 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 applicants 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.
3 . The foliage owner shall select a contractor from the list
provided by the applicant 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 .
4 . The applicants may reduce the scope of the trimming required
by this Permit by giving the City and the property owner
written notice of the applicants ' decision within 30 days of
this approval . The applicants shall deposit funds in the City
trust account in an amount sufficient to cover the remaining
work. However, trimming of the vegetation which the
applicants have chosen to eliminate would then require an
entirely new view restoration application and fee .
V.R.C . Resolution No . 91-2
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5 . The applicants may withdraw their request and their trust
account funds if the applicants do so within 5 days after the
applicants send the three ( 3 ) estimates required by Condition
Number 1 above . In the event that the applicants withdraw
their 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 .
6 . The foliage owners at 30405 Avenida de Calma shall , not later
than 90 days after the approval of the Permit , trim the
vegetation on their 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 Condition 1 .
7 . The City shall reimburse the foliage owners at 30405 Avenida
de Calma from the applicants ' 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
applicants ' trust account .
8 . If 90 days after the approval of the permit , the foliage has
not been trimmed, the City of Rancho Palos Verdes will
authorize a bonded tree service to perform the work at the
subject property at the foliage owners ' expense . In the event
that the City is required to perform the work at the foliage
owner 's expense , the City shall reimburse the applicants from
the City trust account not later than 30 days after the City
completes the work.
9 . 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 .
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V.R. C . Resolution No . 91-2
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