VRC RES 1991-012 111
V.R.C. RESOLUTION NO. 91-12
A RESOLUTION OF THE VIEW RESTORATION COMMITTEE
OF THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO . 23 TO TRIM FOLIAGE
AT 30212 CALLE DE SUENOS .
WHEREAS , on October 30 , 1990 , Dr. Keerthi R. De Silva
("applicant" ) , who owns property located at 30225 Avenida De
Calma, filed an application requesting a View Restoration Permit
("Permit" ) to prune several trees and shrubs at 30212 Calle De
Suenos ( "subject property" ) , in the City of Rancho Palos Verdes
("City" ) owned by Mr. and Mrs . J.D. Melara, ("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 February 1 ,
1991 , more than 30 days in advance of the hearing ; and
WHEREAS , on March 7 , 1991 , 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 30225 Avenida De Calma has a
view as defined by Section 17 .02 .040 of the City ' s Development
Code , which includes a portion of the ocean and offshore islands .
Section 2 : The applicant ' s viewing area, as defined by
Section 17 .02 .040 of the City ' s Development Code , includes the
kitchen, family room, and living room of the applicant 's
residence .
Section 3 : The subject property contains several shrubs
(approximately 20-23 ) consisting of Oleanders , Acacias, Myoporums ,
Brazilian Peppers, which measure 3-10 feet high, and ten Pine
trees and one Eucalyptus tree , 13-30 feet high. All of the
subject foliage is planted throughout the rear yard slope and
exceeds 16 feet , as measured from the building pad level at 30212
Calle De Suenos , which is lower than the ridgeline of the primary
structure.
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 the letters
dated March 16 , 1990 and October 1 , 1990 that the applicant mailed
to the property owners by regular and certified mail ,
respectively.
Section 5 : Portions of the shrubs and trees identified at
30212 Calle De Suenos exceed 16 feet , as measured from the
building pad level , which is lower than the ridgeline of the
existing primary structure , which measures approximately 17 feet ,
and impair the applicant ' s viewing area.
Section 6 : The subject properties are adjacent to the
applicant 's property and are , therefore , less than one thousand
( 1 ,000 ) feet from the applicant 's property.
Section 7 : The applicant ' s lot and the foliage owners ' lot
were created in 1969 . Public testimony by the foliage owner
stating that all pre-existing vegetation was stripped off when the
subject lot was created and the original tract grading plan which
shows that the subject lot was created using cut and fill grading
techniques indicate that the lot , when created, was denuded of all
vegetation and therefore the existing foliage impairing the
applicant 's views did not exist when the lot from which the views
are taken 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 other shrubs will remain to screen the
subject property.
Section 9 : The subject property is not within the boundaries
of the Miraleste Recreation and Park District .
Section 10 : Pursuant to Section 15300 of the California
Environmental Quality Act , the proposed project is a categorically
exempt under Class 4 of that section.
Section 11 : 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 30212 Calle De Suenos to restore
views at 30225 Avenida De Calma, as provided in and subject to the
conditions outlined in the attached Exhibit "A" .
PASSED, APPROVED, and ADOPTED on the 4th day of April , 1991 .
i *R110.44,0452.Miri.
Lawrence E. Clark
Chairman
.50a,)
Robert B pard, Director of
Environmental Services
V.R.C . Resolution No . 91- 12
Page 2
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 23
1. At 30212 Calle De Suenos, the twenty to twenty-three Oleander,
Acacia, Myoporum and Brazilian Pepper shrubs, which measure
approximately 3 - 10 feet high and are identified as Foliage
No. 12 on the diagram, attached hereto, shall be trimmed to
the level of the top of the 1 foot high brick regaining wall
which is located at the rear of the applicant's rear yard,
near the top of the foliage owner' s rear yard slope. The 30
foot high Eucalyptus tree, identified as Tree No. 11, and the
six 13-30 foot high Pine trees, identified as Tree Nos. 2, 3,
4, 5, 6, and 10, shall also be trimmed to the level of the top
of the brick retaining wall . Pine tree No. 8 shall be trimmed
up out of the applicant's view by removing all limbs on the
tree from the level of the applicant' s rear yard pad to a
point where the view is restored (approximately 6 feet above
the applicant' s rear yard pad) . Pine trees Nos. 1 and 7 shall
be either trimmed: (a) up and out of the applicant's view by
removing all limbs on the trees from the level of the
applicant' s rear yard pad to a point where the view is
restored or (b) trimmed down and out of the applicant' s view,
by trimming the trees to the level of the top of the brick
retaining wall referred to above, as the foliage owner
chooses. All of the aforementioned trees and shrubs shall be
maintained so that the foliage does not, in the future, exceed
the established height level and impair views.
2. The applicant at 30225 Avenida De Calma shall , not later than
30 days after approval , present to the City a minimum of three
( 3) itemized estimates to carry out the aforementioned work.
Such estimates shall be supplied by landscape or tree service
contractors licensed to do work in the City of Rancho Palos
Verdes, and shall 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 plus
administrative costs and such funds shall be maintained in a
City trust account until completion of the work.
3. The property owners shall select a contractor from the list
provided by the applicant or another firm of their choice to
perform the required work. The property owners shall only be
reimbursed for the amount of the lowest bid submitted by the
applicant.
4. The applicant may reduce the scope of trimming required by
this Permit by giving the City and the property owners written
notice of the applicant's decision within 30 days of this
approval . The applicant shall deposit funds in the City trust
V.R.C. Resolution No. 91- 12
Page 3
111
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 .
5 . 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 3 above. In the event that the applicant withdraws
his request in a timely manner, the property owners are 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 30212 Calle De Suenos 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 . If after 90 days 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 property
owners ' expense . In the event that the City is required to
perform the work at the property owners ' expense , the City
shall reimburse the applicant from the City trust account not
later than 30 days after the City completes the work.
S . The City shall reimburse the property owners at 30212 Calle De
Suenos from the applicant ' s trust account , not later than 30
days after receipt of the appropriate billing and the
satisfactory completion of the work, required by this permit
in an amount not to exceed the amount of the applicant ' s trust
account .
9 . When the foliage trimming is completed, the applicant 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(s) designated by Department of Environmental
Services staff .
V.R.C . Resolution No . 91- 12
Page 4
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EXISTING
TREE NO. TYPE HEIGHT
1 Pine 17 '
2 WI 13'
3 15'
4 If 20'
5 If 20'
6 20'
7 ft 13 '
8 20'
9 ft 20'
10 30'
11 Eucalyptus 30'
12 Myoparum, Acacia 3-10'
Oleander, Brazilian
Pepper shrubs