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VRC RES 1991-011 V.R.C. RESOLUTION NO. 91-11 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 19 TO TRIM ONE EUCALYPTUS TREE AT 5938 FLAMBEAU ROAD. WHEREAS, on September 28 , 1990 , Mr. Rolland Richenberg ("applicant" ) , who owns property located at 27739 Hawthorne Blvd. in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit" ) to trim one Eucalyptus tree located at 5938 Flambeau Road ("subject property") , in the City of Rancho Palos Verdes ("City" ) owned by Mr. and Mrs. Robert Briedis ("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 the foliage owners on January 4, 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 27739 Hawthorne Blvd. has a view, as defined in Section 17 .02.040 of the City 's Development Code, which includes the Los Angeles Basin (and city lights) . Section 2: The applicant 's viewing area, as defined by Section 17 .02.040 of the City's Development Code, includes the outside patio in the rear yard, the kitchen, and the dining room. Section 3 : The subject property at 5938 Flambeau Road contains one Eucalyptus tree which measures approximately 30-35 feet as measured from the pad elevation on which the primary structure is located. The subject tree is identified in Exhibit "A" , attached hereto and incorporated herein by this reference. 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 attached "Acknowledgment of View Restoration Request" form which was signed by the foliage owner. 111 110 Section 5: The subject Eucalyptus tree at 5938 Flambeau Road exceeds 16 feet as measured from the pad elevation on which the primary structure is located and exceeds the 11 '-6" ridgeline of this structure , which is the lower height . The upper 1/2 of the subject tree impairs the applicant 's view of the Basin. Section 6: The subject property is an adjacent , abutting property which is less than one thousand ( 1 ,000) feet from the applicant 's property. Section 7 : Both the applicant 's lot ( lot# 152) and the foliage owner's lot ( lot# 139) are located in Tract No. 22200 , which was created in 1959. A survey of the City 's 1976 aerial photographs reveals that a tree is located in the same general location as that of the subject tree. However, an extensive review of the City's geology file for the subject tract supports the finding that the subject Eucalyptus tree could not have been in existence at the time the lots were created. More specifically, a 1959 report written by Converse Foundation Engineering Company and a 1959 Certification of Grading report signed off by a County of Los Angeles inspector, reveal that the work involved in the creation of the subject lots included stripping of all vegetation, and compaction of all fill . The original Grading Permit which was finaled in 1960 , indicates that the above mentioned work was completed to the satisfaction and standards of the County of Los Angeles . Thus , the subject Eucalyptus tree could not have existed at the time the lots were created. Section 8: The recommended trimming of the subject Eucalyptus tree will not cause an unreasonable infringement of the privacy of the foliage owners because the applicant has planted a row of oleander shrubs at the top of the transitional slope between the subject properties to act as screening. Section 9: The subject property is not located within the Miraleste Recreation and Park District . Section 10: The trimming and maintenance of the subject Eucalyptus tree as identified in Condition 1 of Exhibit "A" is necessary in order to restore the applicant 's view. Section 11 : Pursuant to Section 15300 of the California Environmental Quality Act , the proposed project is categorically exempt Class 4 of that section. This has been determined since the work required to restore the applicant 's view does not include the removal of scenic and mature trees as identified by the General Plan (Visual Aspects ; Figure 41 ) . V.R.C. RESOLUTION NO. 91- 11 Page 2 Section 12: Based on the foregoing information, and on the information and findings included in the Staff report and evidence presented at the public hearing, the View Restoration Committee hereby orders the trimming and maintenance of the subject Eucalyptus tree located at 5938 Flambeau Road to restore the view at 27739 Hawthorne Blvd. , 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 . cS0AAARmyLE.101, 1' Lawrence E. Clark Chairman ('' o Robert B ard, Director of Environmental Services V.R.C. RESOLUTION NO. 91- 11 Page 3 111 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 19 1 . The subject Eucalyptus tree shall be trimmed and maintained at a height of 12 feet as measured from the base of the tree in order to restore and preserve the applicant 's view. 2. The applicant at 27739 Hawthorne Blvd. shall , no later than 30 days after approval of this permit, present to the City and to the foliage owners at 5938 Flambeau Road, 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. The applicant shall provide documentation to the City which verifies that the bids have been sent to the foliage owners. 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 work. 3 . The foliage owners shall select a contractor from the list provided by the applicant or another firm of their choice to perform the required work. However, the foliage owners shall only be reimbursed for the amount of the lowest bid submitted by the applicant . 4. The applicant may reduce the scope of the trimming required by this Permit by giving the City and the foliage owners written notice of such decision within 30 days of this approval . The applicant shall deposit funds to the City in a trust account in an amount sufficient to cover the remaining work. However, trimming or removal 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 view restoration request and his trust account funds if the applicant does so within five (5) days after the applicant sends three (3) estimates required by condition 2, above . In the event that the applicant withdraws his request in a timely manner, the foliage owners are not required to perform the work specified by this Permit and this Permit is of no further force and effect . 6. The foliage owners at 5938 Flambeau Road 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 the vegetation to a height which will not impair a view from another property in the future as specified in condition 1 . V.R.C. RESOLUTION NO. 91-11 Page 4 111 7 . The City shall reimburse the foliage owners at 5938 Flambeau Road 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, specified by this Permit in an amount not to exceed the amount of the applicant 's trust account. 8. If after 90 days the required work as specified in Condition 1 is not completed, 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. 9. Subsequent to the trimming of the foliage, the applicant may, at his 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- 11 Page 5