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VRC RES 1997-001 0 0 V.R.C. RESOLUTION NO. 97 -01 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 18 TO TRIM AND LACE SEVERAL TREES AT 6436 VIA CANADA, 6604 VIA CANADA AND 6608 VIA CANADA. WHEREAS, on September 24, 1990, Mr. Fred Tanner ("applicant"), who owns property located at 6432 Via Canada, in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to trim, lace, and remove several trees on properties located at 6436 Via Canada, 6604 Via Canada, 6608 Via Canada, 6612 Via Canada, and 4001 Lorraine Road ("subject properties"), in the City of Rancho Palos Verdes ("City") owned by Mr. & Mrs. Roger Class, Mr. & Mrs. Hazen White, Mr. and Mrs. John Saunders, Ms. Carmen Samperio, and Mr. and Mrs. Nazareth Kioudjian, respectfully (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 March 1, 1991, more than 30 days in advance of the hearing; and WHEREAS, on April 4, 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; after which WHEREAS, the Committee unanimously voted to conceptually approve View Restoration Permit No. 18; and WHEREAS, on April 18, 1991, the City Council suspended all View Restoration Permit processing, due to legal action filed against the City in the Yen et. al vs. Rancho Palos Verdes; and WHEREAS, after the suspension of the View Restoration Process was lifted, notice of a new hearing before the View Restoration Commission, (formerly known as the View Restoration Committee) to adopt a Resolution memorializing the View Restoration Committee's April 4, 1991 decision, and to address unresolved and subsequent issues from the Committee's initial action in 1991, was mailed to the applicant, foliage owners and the View Restoration Commission on January 18, 1997, more than 30 days in advance of the hearing; and WHEREAS, Ms. Carmen Samperio has moved and Mr. & Mrs. Pescenti are now the residents of 4412 Via Canada; and • 0 WHEREAS, on February 20, 1997, after all voting members of the View Restoration Commission had visited the site, the Commission 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 COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1 The applicant at 6432 Via Canada has a view, as defined by Section 17.02.040 of the City's Development Code, which includes the Long Beach Harbor, Los Angeles City Basin, City lights, and the Pacific Ocean. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, includes the dining room and the master bedroom. Section a: The subject property at 6436 Via Canada contains 3 Sycamore trees, 2 large Eucalyptus Viminalis trees, 1 California Pepper Tree, 1 Eucalyptus tree, and 1 Acacia tree. The subject property at 6604 Via Canada contains 1 California Pepper tree, 1 Brazilian Pepper tree, and 2 Mock Orange trees. The subject property at 6008 Via Canada contains 1 Monterey Pine tree. The subject property at 6612 Via Canada contains 1 Monterey Pine tree, 1 Pepper tree, and 1 Ash tree. The subject property at 4001 Lorraine Road contain 2 Palm trees. All of the subject trees are identified on Exhibit "A" attached hereto and incorporated herein by this reference. These trees range in height from 16'-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 the letter dated September 23, 1990 and receipt for certified mail sent to the foliage owner at 6436 Via Canada, and the Acknowledgment of View Restoration Request forms signed by the remaining foliage owners. Section 5: Based on evidence provided by the applicant, all of the subject trees at 6436 Via Canada had impaired portions of his view prior to the submittal of the application. Due to subsequent trimming of all the subject trees at 6436 Va Canada, there is no view impairment. The subject Sycamore and Eucalyptus Viminalis trees at 6436 Via Canada exceed 16 feet as measured form the pad elevation on which the residence is situated and exceed the ridge line of the residence at this property, which measures 14'-0" in height. None of these trees impair the applicant's view, since their crowns are now above the view. The subject California Pepper, Eucalyptus, and Acacia trees on this property do not exceed 16 feet as measured from the pad elevation on which the residence is situated nor do these trees exceed 16 feet as 0 0 measured from the pad elevation on which the residence is situated nor do these trees exceed the 14'-0" ridge line. Therefore, none of these trees which were included in the application are subject to this View Restoration Permit. Section 61 The subject California Pepper tree at 6604 Via Canada exceeds 16 feet as measured from the pad elevation on which the residence is situated and exceeds the ridge line of the residence at this property which measures 14'6" in height. The upper 3-5 feet of this tree impairs a portion of the applicant's lower Harbor view. The subject Mock Orange trees on this property exceed 16 feet as measured from the pad elevation on which the residence is situated and exceed the 14'-6" ridge line. Two of the Mock Orange trees impair a portion of the applicant's view and therefore are subject to this View Restoration Permit. The subject Brazilian Pepper tree does not impair the applicant's view and therefore is not subject to this View Restoration Permit. Section 7 The subject Monterey Pine tree at 6608 Via Canada exceeds 16 feet as measured from the pad elevation on which the residence is situated and exceeds the ridge line of the residence which measure approximately 15'-0" in height. The upper 15-20 feet of this tree impairs a portion of the applicant's Harbor view. Section $i The subject Monterey Pine, and Ash trees at 6612 Via Canada exceed 16 feet as measured from the pad elevation on which the residence is situated and exceed the ridge line of the residence which measures approximately 14'-6". The upper 10-15 feet of the Monterey Pine and the upper 5-7 feet of the Ash tree impair a portion of the applicant's Harbor view. Section 9; The subject Palm trees and dead Pine tree at 4001 Lorraine Road are not subject to the permit since the palm leaves of the subject Palm trees are above the identified view plane, and the dead Pine tree has been removed. Section la: All of the subject properties are located less than one thousand (1,000) feet from the applicant's property. • 0 Section 11:All of the subject properties involved were created in 1924. A review of the City's 1976 aerial photos indicate several trees were present at 6604, 6608 and 6436 Via Canada. The aerial photos do not indicate that the subject trees at 6612 Via Canada or 4001 Lorraine Road were present in 1976. An extensive review of several geological investigation reports submitted for various projects in the area, reveals that the subject properties had originally been cut/fill created lots. This would suggest that standard grading practices were utilized in developing the tract, including, but not limited to, clearing of all vegetation and scarifying the existing land. In addition, the applicant has submitted photographs taken on an unspecified date in the 1950's, which reveal the condition of the area within which the subject properties are located. The photographs illustrate that none of the subject trees, which currently impair the applicant's view, existed on that date. Therefore, the subject trees did not exist at the time the lots were created. Section 12: The recommended trimming, lacing and maintenance of the subject trees will not cause an unreasonable infringement of the privacy of the foliage owners since all of the subject properties contain a sufficient quantity of mature trees to provide privacy to the foliage owners. Section 13 All of the subject properties are located within the Miraleste Recreation and Park District. Although all of the subject trees are within the Miraleste District Boundary, none of them are on Recreation and Park District land. All of the trees are on private property and are subject to Section 17.02.040. Section 14: The trimming and maintenance of the subject trees as identified in Condition No. 1 of Exhibit "A", the lacing of the subject tree as identified in Condition 2 of said Exhibit, and the lacing, trimming, and maintenance of the subject trees as identified in Condition No. 3 of said Exhibit, are necessary in order to restore the applicant's view. Section IS: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exempt under Class 4 of that section because 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). Section 16: 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, lacing, and maintenance of the subject trees at 6604 Via Canada, 6608 Via Canada, and 6612 Via Canada, to restore views at 6432 Via Canada, as provided in, and subject to, the conditions outlined in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED on the 20th day of February, 1997. /,ft/..��((,,,, Ra fond Gree , Cha'rman Carolyn Pe ru, Director of Planning, Building & Code Enforcement 0 0 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 18 1. 6604 Via Canada: The subject 25-foot California Pepper tree, and the 2 Mock Orange tree shall be trimmed and maintained to a maximum height of 18 feet above grade, as measured from the base of each tree, so as to restore the applicant's view. 2. 6608 Via Canada: The 45 to 50-foot subject Monterey Pine tree shall be laced and maintained so as to restore the applicant's view. 3. 6612 Via Canada: The subject 40-foot Monterey Pine shall be laced from a height of 30 feet above grade to its topand maintained in this manner so as to preserve the applicant's view. The subject 30-foot Ash tree shall be trimmed and maintained to a maximum height of 23 feet above grade as, measured from the base of the tree, in order to restore the applicant's view. 4. The applicant at 6432 Via Canada shall, not later than 30 days after approval of this permit, present to the City and to the foliage owners at 6604 Via Canada, 6608 Via Canada, and 6612 Via Canada, a minimum of three (3) itemized estimates to carry out the aforementioned work. Such estimates to be supplied by licensed landscape or licensed tree service contractors, acceptable to the City, which provide insurance certificates in a form acceptable to the City, and shall 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. 5. The foliage owners shall select a contractor from the estimates provided by the applicant or another licensed firm of their choice subject to approval by the City, to perform the required work. However, the foliage owners shall only be reimbursed for the amount of the lowest bid submitted by the applicant. 6. 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. 7. The applicant may withdraw his view restoration request and his trust account 1110 0 funds if the applicant does so within five (5) days after the applicant sends the three (3) estimates required by Condition No. 4 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. 8. The foliage owners at 6604 Via Canada, 6608 Via Canada, and 6612 Via Canada, shall, not later than 90 days after the approval of the Permit, trim or remove the vegetation on their properties to the extent required by this Permit, and shall maintain the vegetation to a height that will not impair a view from another property in the future as specified in Conditions 1 thru 3. 9. The City shall reimburse the foliage owners at 6604 Via Canada, 6608 Via Canada, and 6612 Via Canada, 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. 10. If after 90 days the required work as specified in Conditions 1 thru 3 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 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 from the City trust account not later than 30 days after the City completes the work. 11. Subsequent to the trimming or removal of the foliage, the applicant may, at his/her discretion, document the restored view for future reference by submitting to the Director of Planning, Building and Code Enforcement, 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 Planning, Building & Code Enforcement Department.