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VRC RES 1991-010 V.R.C. RESOLUTION NO. 91-10 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 13 TO TRIM FOLIAGE AT 27933 AND 27945 PONTEVEDRA TO RESTORE VIEWS FROM PROPERTY LOCATED AT 1902 AND 1904 LASITA PLACE. WHEREAS, on August 6, 1990, Mr. and Mrs. Ellett Edwards ( "applicant" ) who own property at 1902 Lasita Place and Mr. and Mrs. Robert Butorac ( "co-applicant" ) who own property located at 1904 Lasita Place 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 27933 Pontevedra ( "subject property" ) owned by Mr. and Mrs. Stuart Eckmier ( "foliage owner" ) and 27945 Pontevedra ( "subject property" ) owned by Mr. Bob Taylor ( "foliage owner" ) in the City of Rancho Palos Verdes. WHEREAS, notice of the hearing before the View Restoration Committee ( "Committee" ) , along with copies of the staff report were mailed to the applicant, co-applicant, and foliage owners on November 2, 1990, more than 30 days in advance of the hearing; and WHEREAS, on November 30, 1990 Mr. and Mrs. Robert Butorac requested to revise their application to include additional foliage not previously identified for consideration for trimming or removal on property located at 27945 Pontevedra; and WHEREAS, notice of the hearing before the View Restoration Committee, along with copies of the revised staff report were mailed to the applicant, co-applicant, and foliage owners on February 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 1902 Lasita Place has a view as defined by Section 17 .02.040 of the City' s Development Code, which includes views to the east of Green Hills Memorial Cemetery, harbor, and Vincent Thomas Bridge. Section 2: The co-applicant at 1904 Lasita Place has a view as defined by Section 17.02.040 of the City' s Development Code, which includes views to the east of the harbor, and Vincent Thomas 110 111 Bridge. Section 3: The applicant' s viewing area, as defined by Section 17.02. 040 of the City' s Development Code, includes the kitchen, dining room, and family room as well as from the covered patio and lawn area of the applicant' s residence at 1902 Lasita Place. Section 4: The co-applicant' s viewing area, as defined by Section 17.02.040 of the City' s Development code, includes the dining room and living room as well as the rear yard and patio areas of the co-applicant' s residence at 1904 Lasita Place. Section 5: The ridgeline height of the primary structure on the subject property located at 27933 Pontevedra, as measured from the pad, is 12' 6" , which is lower than 16 feet. Section 6: The ridgeline height of the primary structure on the subject property located at 27945 Pontevedra, as measured by Staff adjacent to the pad elevation is 15 ' 6" . Section 7: The subject property located at 27933 Pontevedra contains vegetation which exceeds 16 feet and the ridgeline of the structure and impairs the applicant and co-applicant' s view including one ash tree approximately 40 feet in height as measured from the base of the foliage located on the rear yard slope. Section 8: The subject property located at 27945 Pontevedra contains numerous trees and shrubs which exceed 16 feet and the ridgeline of the structure and impairs the applicant and co- applicant' s view including one Brazilian pepper tree approximately 20 feet in height as measured from the base of the vegetation located on the rear slope, one myoporum tree approximately 16 feet in height as measured from the base of the vegetation located on the rear slope, pine trees approximately 30 feet in height as measured from the base on the vegetation located on the rear slope, one magnolia tree approximately 25-30 feet in height as measured from the base of the vegetation located in the rear yard at the same elevation as the pad of the structure, two eucalyptus trees approximately 30-50 feet in height located in the front yard at the same elevation as the pad of the structure, and one bougainvillea vine growing along the rear fence which exceeds 6 feet in height. Section 9: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the signatures of both foliage owners on the Acknowledgment of View Restoration Request form submitted to the City on September 18, 1990. Section 10: The foliage described above in Section 7 and 8 impairs the view from the applicant and co-applicant' s viewing areas. V.R.C. RESOLUTION NO. 91- 10 Page 2 III III Section 11: The subject property located at 27933 Pontevedra is located east of and immediately adjacent to the applicant' s property, less than 1, 000 feet from the applicant' s property. Section 12: The subject property located at 27945 Pontevedra is located east of and immediately adjacent to the co-applicant' s property, less than 1, 000 feet from the co-applicant' s property. Section 13: The foliage impairing the view did not exist when the lots from which the views are taken were created, since the properties were created in 1943 and were developed concurrently. In addition, the tract in which the properties are located were created in a cut and fill manner which generally requires scarifying of the land and removal of all foliage. Therefore, the foliage could not have existed before the lots from which the views are taken were created. Section 14: Trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the subject properties in that both properties are located downslope of the applicant and co-applicant' s properties and only the roofs of each structure on the subject properties are visible from the applicant and co-applicant' s properties. Section 15: The subject properties are not located within the boundaries of the Miraleste Recreation and Park District. Section 16: If all of the above referenced foliage is trimmed to the heights specified in the attached Exhibit "A" , views from properties located at 1902 and 1904 Lasita Place will be restored. Section 17: 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 18: 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 27933 and 27945 Pontevedra to restore views at 1902 and 1904 Lasita Place as provided in and subject to the conditions outlined in the attached Exhibit "A" . PASSED, APPROVED, and ADOPTED this 21st day • arch, 1991. A La--r-e, e E. Clark P Cfa ' man Robert Benard, Director of Environmental Services V.R.C. RESOLUTION NO. 91- 10 Page 3 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 13 1 . The lowermost insignificant branches of the ash tree located on 27933 Pontevedra shall be trimmed back to the nearest branch of the main trunk at the applicant and co-applicant' s expense to restore the view below the canopy of foliage and shall be maintained in this manner by the foliage owner of this property so that new growth does not impair the view. 2. The Brazilian pepper tree, myoporum tree, and pine trees located on the rear slope of 27945 Pontevedra shall be trimmed at the applicant and co-applicant' s expense so as not to exceed the ridgeline height of the structure and shall be maintained at this height by the foliage owner of this property so as not to impair the view. 3. The magnolia tree located in the rear yard of 27945 Pontevedra shall be trimmed at the applicant and co- applicant' s expense so as not to exceed the ridgeline height of the structure and shall be maintained at this height by the foliage owner of this property so as not to impair the view. 4. The two eucalyptus trees located in the front yard of 27945 Pontevedra shall be trimmed at the applicant and co- applicant' s expense to between a maximum height of twenty ( 20 ) feet and a minimum height equal to the ridgeline elevation of the structure, as necessary to restore the view and shall be maintained at this height by the foliage owner of this property so as not to impair the view. 5. Pursuant to Section 17 .42.020 of the Rancho Palos Verdes Development Code, the foliage owner at 27945 Pontevedra is responsible for trimming and maintaining that portion of the bougainvillea vine on his/her property which has grown in excess of 6 feet so that no portion of the vegetation on that property exceeds 6 feet in height. The applicant and/or co- applicant can seek compliance through the City' s Code Enforcement Division if this vegetation is not trimmed and/or maintained at the appropriate height. 6. The applicant and co-applicant shall , not later than 30 days after approval , present to the City and to the foliage owners at 27933 and 27945 Pontevedra 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. V.R.C. RESOLUTION NO. 91-10 Page 4 1141 Oil 7 . The foliage owners shall select a contractor or contractors from the list of contractors provided by the applicant or another firm of their choice to perform the work. However, the foliage owners shall only be reimbursed for the amount of the lowest bid submitted by the applicant and co-applicant. 8 . The applicant and co-applicant may reduce the scope of the trimming required by this Permit by giving the City and the foliage owners written notice of the applicant and co- applicant' s decision within 30 days of this approval . The applicant and co-applicant shall deposit funds in the City trust account in an amount sufficient to cover the remaining work. However, trimming of the vegetation which the applicant and co-applicant have chosen to eliminate would then require an entirely new view restoration application and fee. 9. The applicant and co-applicant may withdraw their request and trust account funds if the applicant and co-applicant does so within 5 days after the applicant and co-applicant sends the three ( 3 ) estimates required by Condition Number 6 , above. In the event that the applicant and co-applicant withdraw their request in a timely manner, the foliage owners are not required to perform the work required by this Permit and this Permit is of no further force and effect. 10. The foliage owners at 27933 and 27945 Pontevedra shall , not later than 90 days after the approval of the Permit, 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 through 5 , inclusive. 11 . The City shall reimburse the foliage owners at 27933 and 27945 Pontevedra from the City' 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 and co-applicant' s trust account. 12 . If after 90 days from 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 on the subject property at the foliage owners ' expense. In the event that the City is required to perform the work at the foliage owners ' expense, the City shall reimburse the applicant and co-applicant from the City trust account not later than 30 days after the City completes the work. V.R.C. RESOLUTION NO. 91- 10 Page 5 41011 1141 13. Subsequent to the trimming of the foliage, the applicant and co-applicant may, at their 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 and co-applicant' s property along with a "Documentation of Existing Foliage" form available at the Department of Environmental Services. V.R.C. RESOLUTION NO. 91-10 Page 6