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VRC RES 1991-009 • 111 V.R.C. RESOLUTION NO. 91- 9 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 9 TO TRIM AND REMOVE FOLIAGE AT 26144 BARKSTONE DRIVE. WHEREAS, on August 3, 1990, Mr. and Mrs. William McNeeley and Mr. Michele Masdeo ( "applicants" ) , who own property located at 5747 and 5739 Wildbriar Drive, respectively, filed an application requesting a View Restoration Permit ( "Permit" ) to prune or remove three trees at 26144 Barkstone Drive ( "Subject Property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Mr. James Quong, ( "Property Owner" ) ; 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 December 3, 1990, more than 30 days in advance of the hearing; and WHEREAS, on January 17 , 1991 , 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 5747 and 5739 Wildbriar Drive have a view as defined by Section 17 . 02 . 040 of the City' s Development Code, which includes the Los Angeles Metropolitan area, the Malibu Coast and ocean. Section 2 : The applicant' s viewing area, as defined by Section 17 . 02 . 040 of the City' s Development Code, includes the kitchen, living room, and outdoor patio at 5747 Wildbriar and the living room, bedroom and outdoor patio at 5739 Wildbriar. Section 3 : The subject property contains one Pine tree, approximately 50 feet high (front yard) and two Yucca trees, approximately 26 feet high ( side and rear yards ) which exceed 16 feet as measured from the foliage owner' s building pad. The 16 foot measurement is lower than the ridgeline of the primary structure on the foliage owner' s property, which measures 19 feet. Section 4: The applicants have complied with the early neighbor consultation process and have shown proof of cooperation on their part to resolve conflicts, as evidenced by the certified letters that the applicants mailed to the property owner by certified and regular mail . 111 Section 5 : Portions of the Pine tree and two Yucca trees at 26144 Barkstone Drive exceed 16 feet, as measured from the building pad, and impair the view of the Los Angeles Metropolitan area, the Malibu Coast and the ocean at the applicants' properties. Section 6: The subject property is adjacent to the applicants ' properties and is, therefore, less than one thousand (1, 000 ) feet from the applicants' properties. Section 7 : The applicants' lots and the foliage owner' s lot were created in 1960 . The foliage impairing the views did not exist when the lots from which the views are taken were created as a 1976 aerial photograph evidences the small non-indigenous Pine tree and no Yucca trees on the subject property which indicates that the subject foliage was introduced after 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 existing Yucca trees do not provide any screening. The removal of the Pine tree will not impact privacy since it only screens a garage and an upper story bedroom from the street. Section 9: The subject properties are not within the boundaries of the Miraleste Recreation and Park District. Section 10: Trimming the Pine tree to less than half of its existing height would be necessary to restore views at the applicants' properties. However, trimming the Pine tree to this height would endanger the life of the tree and would have a negative aesthetic impact. Therefore, removal of the Pine tree is required. The two Yucca trees 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 26144 Barkstone Drive to restore views at 5747 and 5739 Wildbriar, as provided in and subject to the conditions outlined in the attached Exhibit "A" . V.R.C. Resolution No. 91- 9 Page 2 PASSED, APPROVED, and ADOPTED on the 21st day of February, c6), P Lawrence E. Clark Chairman f ob rt :enar Director f Env ronmental Services V.R.C. Resolution No. 91- 9 Page 3 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 9 1 . At 26144 Barkstone Drive, the two Yucca trees located at the rear and side yards of the property shall be trimmed to a minimum height of 16 feet. Said trees shall be maintained so that the trees do not, in the future, exceed the established height level and impair views. The Pine tree in the front yard shall be completely removed. 2 . The applicants at 5747 and 5739 Wildbriar Drive shall , not later than 30 days after approval , present to the City and to the property owner at 26144 Barkstone Drive a minimum of three ( 3) itemized estimates shall 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 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 plus administrative costs 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 provided by the applicant or another firm of their choice to perform the required work. The property owner shall only be reimbursed for the amount of the lowest bid submitted by the applicants. 4. The applicants may reduce the scope of 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. 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 owner at 26144 Barkstone Drive shall , not later than 90 days after the approval of the Permit, trim or remove the vegetation on their property to the extent required by this Permit, and shall maintain such vegetation to V.R.C. Resolution No. 91- 9 Page 4 111 411 • 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 removed, the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work at the subject property at the property owner' s 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 owner at 26144 Barkstone Drive from the applicants' 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 applicants' trust account. 9. When the foliage trimming and removal 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 location( s) designated by Department of Environmental Services staff. V.R.C. Resolution No. 91-9 Page 5