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VRC RES 1991-008 4 411 V.R.C. RESOLUTION NO. 91- 8 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 17 TO TRIM FOLIAGE AT 5714 WILDBRIAR DRIVE AND 26207 GRAYSLAKE ROAD. WHEREAS, on September 20, 1990 , Mr. and Mrs. Kenneth Dyda ( "applicant" ) , who own property located at 5715 Capeswood Drive, filed an application requesting a View Restoration Permit ( "Permit" ) to prune several trees at 5714 Wildbriar Drive and 26207 Grayslake Road ( "subject properties" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Mr. and Mrs. Kent Hammond and Mrs. and Mrs. Richard Pyle, respectively ( "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 December 14, 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 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 5715 Capeswood Drive has a view as defined by Section 17 . 02. 040 of the City' s Development Code, which includes a portion of the ocean, the South Bay Coast, and the Los Angeles Basin, including the city lights. Section 2 : The applicant' s viewing area, as defined by Section 17 .02. 040 of the City' s Development Code, includes the living room, family room and dining room of the applicant' s residence. Section 3: The subject properties contain several trees including two Myoporum trees, 8-10 feet high; one Peach tree, 14- 16 feet high; one Ash seedling, 8-9 feet high on the rear yard slope, two Ash trees, 45-60 feet high; one Eucalyptus tree, 40-45 feet high on the building pad, two Brazilian Peppers, 25-30 feet high; one Pittosporum, 25-30 feet high on the northern side yard slope which exceed the ridgeline of the primary structure at 5714 Wildbriar Drive which is lower than 16 feet, as measured from the building pad level . One Olive tree, 20-25 feet 411 high; two to three Pittosporum trees, 20-25 feet high on the rear yard pad, one Alder tree, 40-45 feet high on the front yard, and three Eucalyptus trees, 20-30 feet high on the northern street side yard slope exceed the ridgeline of the primary structure at 26207 Grayslake Road which is lower than 16 feet, as measured from the highest point of the lot covered by structure. Section 4: 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 certified letters that the applicant mailed to the property owners. Section 5: Portions of the ten trees identified at 5714 Wildbriar Drive exceed the ridgeline of the primary structure, which is approximately 12-13 feet, as measured from the building pad level and portions of the seven to eight trees identified at 26207 Grayslake Road exceed the ridgeline of the primary structure, which is approximately 12-13 feet, as measured from the highest point of the lot covered by structure 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' lots were created in 1960. Statements and photographs provided by the applicant which show the tract as it was being graded after lot creation in 1961, indicate that the lot 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 both properties upon which the foliage is located, as the lower portions of the subject trees will remain to screen the subject properties. Section 9: The subject properties are 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 hearings, the View Restoration Committee hereby orders trimming of foliage at 5714 Wildbriar Drive and 26207 Grayslake Road to restore views at 5715 Capeswood Drive, as provided in and subject to the conditions outlined in the attached Exhibit "A" . V.R.C. Resolution No. 91-8 Page 2 PASSED, APPROVED, and ADOPTED on the 21st day of February, 1991 . Lawrence E. Clark Chairman o• =rt Benar. , Director .f Environmental Services V.R.C. Resolution No. 91- 8 Page 3 411 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 17 1 . At 5714 Wildbriar Drive, the Pittosporum, Eucalyptus, Peach, two Brazilian Peppers, two Myoporum and three Ash trees shall be trimmed to the level of the applicant' s rear yard deck. The deck is approximately 1 foot above the grade level of the rear yard, which is approximately 25 feet higher than the building pad at 5714 Wildbriar. The Peach tree shall be trimmed in a manner which would maintain the existing main laterals so that the tree will continue to bear fruit. Said trees shall be maintained so that the trees do not, in the future, exceed the established height level and impair views. 2 . At 26207 Grayslake Road, the Olive, Alder, two to three Pittosporum and three Eucalyptus trees shall be trimmed to the level of the existing ridgeline of the foliage owner' s primary residential structure. Said trees shall be maintained so that the trees do not, in the future, exceed the established height level and impair views. 3. The applicant at 5715 Capeswood Drive shall , not later than 30 days after approval , present to the City and to the property owners at 5714 Wildbriar Drive and 26207 Grayslake Road 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. 4. 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. 5 . 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 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. V.R.C. Resolution No. 91-8 Page 4 410 111 6 . The applicant may withdraw his/her request and his/her 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/her 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. 7 . The property owners at 5714 Wildbriar Drive and 26207 Grayslake 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 such vegetation to a height that will not impair a view from another property in the future as specified in Conditions 1 and 2 . 8. 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 properties 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. 9. The City shall reimburse the property owners at 5714 Wildbriar Drive and 26207 Grayslake Road 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. 10 . 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- 8 Page 5