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VRC RES 1991-007 110 V.R.C. RESOLUTION NO. 91-7 A RESOLUTION OF THE VIEW RESTORATION COMMITTEE OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 16, TO TRIM AND REMOVE SEVERAL TREES AT 35 AVENIDA CORONA. WHEREAS, on August 31 , 1990, Mr. Irvin Glushenko ( "applicant" ) , who owns property located at 35 Avenida Corona in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit" ) to trim and remove several trees on property located at 37 Avenida Corona ( "subject property" ) , in the City of Rancho Palos Verdes ( "City" ) owned by Ms. Jeanne Shorr ( "foliage 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 the foliage owners on November 30, 1990, more than 30 days in advance of the hearing; and WHEREAS, on January 3, 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 35 Avenida Corona has a view, as defined by Section 17 .02 .040 of the City' s Development Code, which includes the Los Angeles basin, Long Beach Harbor, Vincent Thomas Bridge, City lights and distant mountains. Section 2: The applicant' s viewing area, as defined by Sec. 17.02. 040 of the City' s Development Code, includes the living room, dining room, bedroom, and a patio area immediately adjacent to the residence. Section 3: The subject property at 37 Avenida Corona contains Pines, Laurels, Brazilian Peppers Eucalyptus, Ficus, Purple Leaf Plums, Acacias, Bottle Brush, Pittosporum, Jacarandas, and Oleanders identified in Exhibit "A" , attached hereto. These trees range in height from 10 ' -70 ' as measured from the base of the foliage. 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 a letter dated July 12, 1990, and copy of the registered mail receipt sent to the foliage owner at 37 Avenida Corona. 111 110 Section 5: All of the subject trees ( individual and grouped) located throughout the foliage owner' s property (on the flat pad level in the front, sides, and rear yards, and on the transitional slopes which surround the residence) are taller than the 11'-6" ridgeline of the primary structure and 16 feet (as measured from the pad level upon which the residence is situated) and impair views from the applicant' s viewing areas. The middle portions of the subject foliage to be removed from the rear yard and the upper portions of the remaining vegetation to be trimmed pursuant to the conditions in Exhibit "A" impair the applicant' s views. Section 6: The subject property is contiguous to the applicant's property and is, therefore, less than one thousand • (1,000 ) feet from the applicant' s property. Section 7: The applicant' s and foliage owner' s lots were both created in 1950. The City' s 1976 aerial photos indicate that there were several trees between the properties. Photographs submitted by the applicant which were taken in 1971 demonstrate an unimpaired view of the Los Angeles basin, Long Beach Harbor, and Vincent Thomas Bridge. This would suggest that the foliage in the aerial photos had not yet matured. Mr. Lee McGee, (property owner at 34 Avenida Corona) gave testimony that in 1961 his was the first of the several homes constructed in this canyon area, and that at the time the applicant' s residence was constructed in 1963, an unimpaired view existed from the applicant' s lot. Thus the subject vegetation did not exist at the time the lots were created. Section 8: The removal of several trees and trimming of the remaining subject trees on the foliage owner' s property will not cause an unreasonable infringement of the privacy of the foliage owner since a significant amount of the vegetation will remain in the foliage owner' s rear yard to provide screening for privacy. Section 9: Neither the applicant' s property nor the foliage owner' s property is located within the Miraleste Recreation and Park District. Section 10: Removal of several of the subject trees as identified in Condition No. 1 of Exhibit "A" and trimming of the remaining trees as specified in Conditions 2 thru 4 of Exhibit "A" are necessary in order to restore the applicant' s view. Trimming the subject Eucalyptus Globulus and Pine trees to restore the applicant' s view would leave top heavy trees which pose a potential hazard. Therefore the recommendation for removal of these trees is required. View Restoration Resolution No. 91- 7 Page 2 111 !II Section 11: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section. This has been determined since the required work 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 ) . Section 12: 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 removal and trimming of the subject trees at 37 Avenida Corona to restore views at 35 Avenida Corona, as provided in, and subject to, the conditions outlined in the attached Exhibit "A" . PASSED, APPROVED AND ADOPTED on the 7th day of February, 1991 . CS (114., Larry Cla k Chairman e t enard Director o Envi onmental Services View Restoration Resolution No. 91-7 Page 3 411 111 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 16 1 . The following trees shall be removed (surface cut only, no stump removal) from the property at 37 Avenida Corona at the applicant' s expense (Mr. Irvin Glushenko) so as to restore the applicant' s view. (See attached drawing ) : a. The 50'-60' Eucalyptus Globulus located on the pad level of the foliage owner' s front yard, along the street side of the property. b. The 50'-60' Pine tree located on the pad level of the foliage owner' s front yard adjacent to the residence along the street side of the property. c. Both the 40' Pine and 70' Pine trees located on the pad level of the applicant' s rear yard. 2. The following trees shall be trimmed and maintained to the height of an imaginary diagonal line drawn from the top of the transitional slope at the rear of the foliage owner' s property which measures 19 feet from the pad level of the foliage owner' s lot (equivalent to the pad elevation of the applicant' s property) to the ridgeline at the front of the foliage owner' s residence, which measures 11 ' -6" in order to restore the applicant's view. (See attached drawing) : a. The 40' Jacaranda tree located on the pad level in the foliage owner' s rear yard. b. The 40' Fig tree located on the pad level in the foliage owner' s rear yard. c. The 15'-20' Pepper tree located on the pad level in the foliage owner' s rear yard. d. The 30' Indian Laurel tree located on the pad level in the foliage owner' s rear yard. e. The 12'-15' Bottle Brush group of trees located on the pad level in the foliage owner' s rear yard. f. All of the brush material (Oleander, Toyon, Pittosporum) located on the transitional slope at the rear of the property. g. The 15' Pittosporum tree located on the pad level of the foliage owner' s rear yard. View Restoration Resolution No. 91- 7 Page 4 411 II/ 3. The following trees shall be trimmed and maintained to the ridgeline ( 11 ' -6" of the foliage owner' s residence in order to restore the applicant' s view: a. The 25' Brazilian Pepper tree located on the pad level of the foliage owner' s front yard, along the street side of the property. b. The 35'-40' Ficus tree located on the pad level of the foliage owner' s front yard, adjacent to the transitional slope on the south side of the property. c. All of the trees (Pittosporum, row of deciduous trees, Acacias, and Jacaranda) , located towards the bottom of the transitional slope on the south side of the property. d. The 15'-20' Purple Leaf Plum located on the pad level of the foliage owner's lot on the south side of the property, adjacent to the residence. 4. The 15' Pittosporum/Oleander shrubs located along the street side of the foliage owner' s property shall be trimmed and maintained to a height of 6 feet as measured from the base of these shrubs in order to restore the applicant' s view. 5 . The applicant at 35 Avenida Corona shall , not later than 30 days after approval of this permit, present to the City and to the foliage owner at 37 Avenida Corona 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 the 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 work. 6. The foliage owner shall select a contractor from the list provided by the applicant or another firm of her choice to perform the required work. However, the foliage owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. 7. The applicant may reduce the scope of the trimming required by this Permit by giving the City and the foliage owner written notice of such decision within 30 days of this approval . The applicant shall deposit funds with 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. View Restoration Resolution No. 91- 7 Page 5 110 8. 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 the three ( 3) estimates required by Condition No. 2, above. In the event that the applicant withdraws his request in a timely manner, the foliage owner is not required to perform the work specified by this Permit and this Permit is of no further force and effect. 9. The foliage owner at 37 Avenida Corona shall , not later than 90 days after the approval of the permit, trim the Pittosporum tree on her property to the extent required by this permit, and shall maintain the tree to a height that will not impair a • view from another property in the future as specified in Conditions 1 thru 4. 10 . The City shall reimburse the foliage owner at 37 Avenida Corona 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. 11 . If after 90 days the required work as specified in Conditions 1 thru 4 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. 12 . Subsequent to the trimming of the foliage, the applicant may, at his/her 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 area of the applicant' s property along with a "Documentation of Existing Foliage" form available at the Department of Environmental Services. View Restoration Resolution No. 91- 7 Page 6