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VRC RES 1991-001 110 V.R.C. RESOLUTION NO. 91-1 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 4 TO TRIM AND REMOVE FOLIAGE AT 2410 DALADIER ROAD. WHEREAS, on June 26, 1990 , Mr. Ben Karmelich, Mr. and Mrs. Mervin Tarlow, Mr. and Mrs . Nino Rosini, and Mr. and Mrs. Josef Kubicek ( "applicants" ) , who own property located at 19 La Vista Verde, 21 La Vista Verde, 20 La Vista Verde, and 18 La Vista Verde, respectively, filed an application requesting a View Restoration Permit ( "Permit" ) to prune several trees at 2410 Daladier Drive ( "Subject Property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Mr. and Mrs. John Rosenthal ( "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 17, 1990, more than 30 days in advance of the hearing; and WHEREAS, on September 20, 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 applicants at 18, 19, 20, and 21 La Vista Verde have 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 applicants ' 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 applicants ' residences at 18 and 21 La Vista Verde and the living room and bedrooms at the applicants' residences at 19 and 22 La Vista Verde. Section 3 : The subject property contains numerous trees including twenty-eight Eucalyptus trees 30-60 feet high ( south side yard) , three peppertrees 16-20 feet high (north side yard) and three smaller species of eucalyptus 16-30 feet high (north ridgeline of the primary structure on the property, which is lower than a 16 foot height measured from each subject tree. 111 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 letters that the applicants mailed to the property owner. Section 5 : Portions of the twenty-eight eucalyptus trees, three peppertrees, and three smaller species of eucalyptus trees at 2410 Daladier Drive exceed the ridgeline of the primary structure and impair the view of the harbor, ocean, and city lights at the applicants' properties. Section 6 : The subject property is adjacent to the applicant' s property and is, therefore, less than one thousand (1 , 000 ) feet from the applicants' properties . Section 7 : The applicants' lots were created in 1950 and the property owner' s lot was created in 1956, the foliage impairing the views did not exist when the lots from which the views are taken were created. A 1976 aerial photograph evidences a few small non-indigenous trees on the subject property which also indicate that the subject foliage did not exist when the applicants' lots were 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 will remain. The removal of the three upslope eucalyptus trees will not impact privacy since the lower portions of surrounding trees will remain to protect the subject owner' s privacy. Section 9: The subject properties are not within the boundaries of the Miraleste Recreation and Park District. Section 10 : Trimming the three upslope eucalyptus trees to less than half of their existing height is necessary in order to restore views at the applicants' properties. However, trimming the upslope eucalyptus trees to this height would endanger the life of the trees and would have a negative aesthetic impact. Therefore, removal of the upslope eucalyptus trees is required. The remaining eucalyptus trees and three peppertrees 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. 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 and removal of foliage at 2410 Daladier Drive to V.R.C. Resolution No. 91-1 Page 2 4 !II restore views at 18, 19, 20, and 21 La Vista Verde, as provided in and subject to the conditions outlined in the attached Exhibit "A" . PASSED, APPROVED, and ADOPTED on the 3rd day of January, 1991 . 1 .t. (alp Larry Clark Chairman fAltdr �•� r •b: rt ':ena Director •-f Env ronmental Services V.R.C. Resolution No. 91- 1 Page 3 !II EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 4 1 . At 2410 Daladier, the twenty-eight eucalyptus trees located downslope of the residence in the south yard and the three pepper trees located upslope of the residence along the north property line shall be trimmed to a height level established by the existing top of an Aleppo pine tree located at 3435 Rue de Charlene, which is above the ridgeline. The top of an existing utility pole, which is approximately the same height as the Aleppo pine tree, located downslope of the residence on the foliage owner' s property shall be used as a supplementary benchmark. Said trees shall be maintained so that the trees do not, in the future, exceed the established height level and impair views. The three smaller species of eucalyptus trees located upslope of the residence along the north property line shall be completely removed. 2. The applicants at 18, 19, 20, and 21 La Vista Verde shall , not later than 30 days after approval , present to the City and to the property owners at 2410 Daladier Drive 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 property owner shall select a contractor from the list or another firm of their choice to perform the required work and inform the City of their decision within ten (10) days of the receipt of the estimates. 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 removal and/or 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, removal or 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. 91-1 Page 4 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 2 above. In the event that the applicants withdraw their 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. 6 . The property owners at 2410 Daladier Drive shall , not later than 90 days after the approval of the Permit, trim or lace 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 . 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 applicants from the City trust account not later than 30 days after the City completes the work. 8. The City shall reimburse the property owners at 2410 Daladier Drive 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. 9. When the foliage trimming is completed, the foliage owner shall submit to the Department of Environmental Services photographs of the trimmed foliage to document the height for future foliage height maintenance. Photographs shall be taken from locations designated by Department of Environmental Services staff. V.R.C. Resolution No. 91-1 Page 5