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VRC RES 1999-001 • 9 V.R.C. RESOLUTION NO. 99 - 01 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 58 TO TRIM AND REMOVE FOLIAGE AT 30421 AVENIDA DE CALMA. WHEREAS, on November 4, 1997, Mr. and Mrs. Hooshang Mozaffari, owners of property located at 30405 Avenida De Calma (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore the view from their property that is significantly impaired by foliage owned by Mr. and Mrs. John Schweisberger, at 30421 Avenida De Calma (herein "the foliage owner's"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, notice of the View Restoration Commission ("Commission") hearing was mailed to the applicants and the foliage owners on May 1, 1998, at least 30 days in advance of the hearing; and, WHEREAS, on May 13, 1998 the applicant's revised their View Restoration Permit application adding foliage owned by Dr. and Mrs. Dhyan Lal, at 30420 Calle De Suenos (herein "the foliage owner's") to their view restoration request; and, WHEREAS, on June 4, 1998 the View Restoration Commission continued the public hearing to the August 6, 1998 meeting in order to allow time for the pre-application meeting with Dr. and Mrs. Lal to occur; and, WHEREAS, on August 6, and October 1, 1998 and January 7, 1999, after all voting members of the View Restoration Commission had visited the sites, 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 30405 Avenida De Calma has a view, as defined by Section 17.02.0 of the City's Development Code, of the Pacific Ocean. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the living room and patio. Section 3: The applicant has a view that is significantly impaired by one Aleppo Pine tree and one Acacia tree on property located at 30421 Avenida De Calma and by one • Date Palm tree, two Monterey Pine trees and two Aleppo Pine trees on property located at 30420 Calle De Suenos. Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his part to resolve conflicts. On May 19, 1997, the applicant sent a letter via certified mail to the foliage owner located at 30421 Avenida De Calma and on May 28, 1998 the City mailed Notice of Receipt of an Intent to File a View Restoration Application inviting the foliage owner located at 30420 Calle De Suenos to a pre-application meeting designed to attempt to resolve the conflict. Dr. Lal did not respond to the notice. Section 5: Based on evidence provided by the applicant, the subject trees at 30421 Avenida De Calma and 30420 Calle De Suenos significantly impair the applicant's view. All of the subject foliage exceeds the height of the ridgeline of the primary structure and significantly impairs the view from the applicant's viewing area. Section 6: The subject properties are located less than one thousand (1,000) feet from the applicant's property in that the foliage owner's property adjoins the applicant's property. Section 7: The foliage significantly impairing the view did not exist, as view impairing vegetation, when the lot from which the view is taken was created. The subject parcels are part of Tract 29115 and were created in 1969. When created, Tract No. 29115 involved mass grading which included the removal of all existing vegetation. The grading plans and the Interim Geologic Report for the tract documents the removal of all vegetation. Section 8: Trimming and removal of the foliage on the Schweisberger's property as ordered herein, will not cause an unreasonable infringement on the privacy of the foliage owner because the trees do not provide privacy. Both trees are planted near the foliage owner's rear property line adjacent to a 6-foot solid wood fence. From the applicant's rear yard the foliage owner's outdoor spa and rear yard are clearly visible. From the property behind (west) the foliage owner's property, view of the spa and rear yard is screened by the 6-foot wood fence. Trimming the subject foliage on the Lal's property also will not cause an unreasonable infringement on privacy of the foliage owner because the portions of the trees which will be trimmed do not provide privacy. Only the tops of the Aleppo Pine trees and a few branches approximately 15 to 20 feet above the ground on the Monterey Pine trees will be trimmed. Privacy is provided primarily by the six foot solid wood fence between the foliage owner's properties and by the lower portions of the trees. The lower portions of the trees do not require trimming. Therefore, trimming or removal of the foliage will not cause an V. R.C. Resolution No. 99-01 Page 2 of 7 • II unreasonable infringement on the privacy of either foliage owner. Section 9: Trimming the subject trees as identified in the attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the applicant's view. Section 10: 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 City of Rancho Palos Verdes General Plan (Visual Aspects; Figure 41). Section 11: 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 Commission hereby orders the trimming of foliage at 30421 Avenida De Calma and 30420 Calle De Suenos in order to restore the view at 30405 Avenida De Calma, as provided in, and subject to, the conditions outlined in the attached Exhibit "A". Section 12. Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.02.0 40(C)(2)(g) and Section 17.76.100 (H) of the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in writing and with the appropriate appeal fee, no later than fifteen (15) days following January 7, 1999, the date of the View Restoration Commission final action. Section 13. For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the View Restoration Commission hereby approved View Restoration Permit No. 58 subject to the Conditions of Approval contained in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare. V.R.C.Resolution No.99-01 Page 3 of 7 • PASSED, APPROVED, AND ADOPTED on the 7th day of January, 1999. AYES: Black, Long, Mueller, Sweetnam NOES: Kipper, McBride, Mehlman ABSTENTIONS: Drages, Green ABSENT: Cordova • T / A A . ./,I. arianne Kipper, C _ . noel 'ojas �irec or of P - ng, B•' .ing & Co•e Enforcement V.R.C. Resolution No. 99-01 Page 4 of 7 0 II EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 58 Foliage on 30421 Avenida De Calma 1. Aleppo Pine Tree: Remove, with the foliage owner's consent. Removal constitutes cutting the tree flush with the ground. If the foliage owner consents to removal, then three 5-five gallon shrubs or one 15-gallon tree shall be replanted at the applicant's expense. The replacement foliage shall not exceed a height of two feet above the applicant's building pad level when at full maturity and shall be maintained by the foliage owner in such a manner as to not impair the applicant's view. The selection of the type of replacement foliage shall be made by the foliage owner from an approved list of foliage types provided by the Director of Planning Building and Code Enforcement or approved by the City Arborist. If consent to removal is not given, then trim the tree to a level not to exceed two feet above the applicant's building pad level. 2. Acacia Tree: Remove, with the foliage owner's consent. Removal constitutes cutting the tree flush with the ground. If the foliage owner consents to removal, then three 5-five gallon shrubs or one 15-gallon tree shall be replanted at the applicant's expense. The replacement foliage shall not exceed a height of two feet above the applicant's building pad level when at full maturity and shall be maintained by the foliage owner in such a manner as to not impair the applicant's view. The selection of the type of replacement foliage shall be made by the foliage owner from an approved list of foliage types provided by the Director of Planning Building and Code Enforcement or approved by the City Arborist. If consent to removal is not given, then trim the tree to a level not to exceed two feet above the applicant's building pad level. Foliage on 30420 Calle De Suenos 3. Date Palm Tree No. 1: Trim all the palm fronds, except for the most vertical ones leaving 7-12 fronds at the top of the tree. The tree shall be trimmed on an annual basis at the foliage owner's expense until the lower branches are above the horizon line as viewed from the applicant's viewing area. 4. Monterey Pine Tree No. 2: Trim the branches in the view frame in order to window a view through the tree. 5. Monterey Pine Tree No. 3: Trim the branches in the view frame in order to window a view through the tree. V.R.C.Resolution No.99-01 Page 5 of 7 0 II 6. Aleppo Pine Tree No. 4: Trim to a level not to exceed two feet above the applicant's building pad level. 7. Aleppo Pine Tree No. 5: Trim to a level not to exceed two feet above the applicant's building pad level. 8. Aleppo Pine Tree No. 6: No work required. This tree is on the periphery of the view frame and does not create a significant view impairment. 9. Aleppo Pine Tree No. 7: No work required. This tree is on the periphery of the view frame and does not create a significant view impairment. 10. The foliage owner shall be responsible to maintain the foliage in such a manner as to not significantly impair the applicant's view by trimming the foliage specified in this permit on an annual basis, beginning one year after the initial trimming of the foliage is completed and verified by Staff. 11. If any tree that is trimmed dies within one year of the initial work being performed due to the performance of the work, then the applicant or any subsequent owner of the applicant's property shall be responsible for providing a replacement tree or shrub to the foliage owner. The replacement foliage shall be provided in accordance with the specifications described in Section V-E of the VRP Guidelines and Procedures. 12. No sooner than one year after the initial trimming is completed, City Staff shall report to the Commission as to the adequacy of the maintenance schedule, as well as the foliage owner's ability to maintain the foliage in compliance with these conditions of approval. The Commission shall consider the Staff report and determine if a public hearing to amend the conditions is necessary. If the Commission determines that a hearing is necessary, then a hearing will be held pursuant to Section V.I. of the VRP Guidelines and Procedures. 13. The applicant shall, not later than 30 days after approval of this permit, present to the City, at least one itemized estimate to carry out the aforementioned work. Such estimate is to be supplied by a licensed landscape or licensed tree service contractor, acceptable to the City, which provides insurance certificates in a form acceptable to the City, 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 City accepted estimate and such funds shall be maintained in a City trust account until completion of work. 14. The foliage owners shall select a contractor from the estimate(s) provided by the applicant or another licensed firm of their choice subject to approval by the City, to V. R. C. Resolution No. 99-01 Page 6 of 7 0 9 perform the required work. However, the foliage owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. If the foliage owner chooses to do the required work himself, then the foliage owner shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicant. 15. 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 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 omit from this permit would then require an entirely new View Restoration application and fee. 16. The applicant may withdraw the view restoration request and the trust account funds if the applicant does so within five (5) days after the applicant sends the estimate required herein. In the event that the applicant withdraws the 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. 17. The foliage owners shall, no later than 90 days after the Notice of Approval (First Notice) is mailed, complete the work 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 these Conditions of Approval. 18. The City shall reimburse the foliage owner 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, an amount not to exceed the amount of the applicant's trust account. 19. If the required work as specified herein is not completed within the stipulated time periods, then 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. 20. Subsequent to the trimming or removal of the foliage, the applicant may, at his 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 applicant's viewing area along with a "Documentation of Existing Foliage or View" form available at the Planning, Building & Code Enforcement Department. A.\RESO58.RSO.DOC V.R.C.Resolution No.99-01 Page 7 of 7