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VRC RES 2001-004 a 1110 V.R.C. RESOLUTION NO. 2001 - 04 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 100 TO TRIM FOLIAGE AT 30160 MATISSE DRIVE. WHEREAS, on January 22, 2001, Mr. and Mrs. Quintis (Bud) Guthrie, owners of property located at 6432 Le Blanc Drive (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 Mrs. Alana Tsai, at 30160 Matisse Drive (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 August 24, 2001, at least 30 days in advance of the hearing; and, WHEREAS, on October 4, 2001, 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 6432 Le Blanc Drive has a view, as defined by Section 17.02.040 of the City's Development Code, of the Pacific Ocean and Catalina Island. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the applicant's rear deck area. Section 3: The applicant has a view that is significantly impaired by one Avocado tree, one Bird of Paradise tree, one Fig tree, and one pine tree on property located at 30160 Matisse Drive. 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 March 7, 2001 the applicant and a representative for the foliage owner attended a pre-application meeting with the City. The applicant informed the City that he did not believe that an agreement could be reached and requested that the City move forward with processing of a formal view restoration request. Ultimately, no agreement could be reached with regard to the trees. Therefore, according to the VRC Guidelines, the applicant has complied with the early neighbor consultation process. V.R.C.Resolution No.2001-04 Page 1 of 6 Section 5: Based on evidence provided by the applicant, the subject trees at 30160 Matisse Drive significantly impair the applicant's view. All of the subject foliage exceeds the height of the ridgeline of the primary structure or 16 feet 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 abuts 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 applicant's and the foliage owner's properties, lots 78 and 103, respectively, of Tract 25160 were created in 1974, and 1976. Tract 25160 was created using mass grading techniques as evidenced by the level building pads separated by uniform manufactured transition slopes in 1974. Mass grading involves removal of all existing vegetation and terracing the hillsides to create the building pads. All three of the subject trees are located on the manufactured building pad immediately adjacent to the foliage owner's residence. Therefore, the view impairing foliage was planted after the hillside was terraced to create the building pads and after the applicant's lot was created. Section 8: Trimming, lacing, and/or removing the foliage will not cause an unreasonable infringement on the privacy of the foliage owners in that view from surrounding properties into the foliage owner's property is well-screened by a brick wall and other plant life around the perimeter of the foliage owner's property. Furthermore, from the applicant's perspective and from the surrounding residences, the subject foliage is located beyond the foliage owner's house and only the tops of the trees are affected by this recommendation. Therefore,trimming the trees will not cause unreasonable infringement of the privacy of the 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 30160 Matisse Drive in order to restore the view at 6432 Le Blanc Drive, 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 17.02.040(C)(2)(g)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 June 7, 2001 the date of the View Restoration Commission final action. V.R.C.Resolution No.2001-04 Page 2 of 6 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. 100 subject to the Conditions of Approval contained in the attached Exhibit"A",which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED on the 4th day of October, 2001. AYES: NOES: ABSTENTIONS: ABSENT: -4d1110 Gil Alberio, Chairman Jo I Rojas D' ector of Pl. g, uilding & Co• - ' nforcement V.R.C.Resolution No.2001-04 Page 3 of 6 Ill 0 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 100 1. Bird of Paradise tree: Option one: Trim to a height not to exceed 16 feet or the ridgeline of the foliage owner's roof, whichever is lower. Option two: With the consent of the foliage owner, remove the existing tree and replace it. The foliage owner may select option two in writing. Lacking her consent within 30 days from approval of this resolution or from denial of an appeal if applicable, whichever is later, option one shall apply. 2. Pine tree: Option one: Trim to a height not to exceed 16 feet or the ridgeline of the foliage owner's roof, whichever is lower. Option two: With the consent of the foliage owner, remove the existing tree and replace it. The foliage owner may select option two in writing. Lacking her consent within 30 days from approval of this resolution or from denial of an appeal if applicable, whichever is later, option one shall apply. 3. Avocado tree: Judiciously prune and trim down to a height not to exceed the ridgeline of the foliage owner's residence. 4. Fig tree: Judiciously prune and trim to a height not to exceed the ridgeline of the foliage owner's roof. 5. 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. 6. 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. 7. 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 W:\VIEW RESTORATION\VRP CASES\100-110\100-GUTHRIE\DRAFT VRC RESO 2001_.DOC V.R.C.Resolution No.2001-04 Page 4 of 6 0 0 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. 9. 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. 10.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 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, 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. 11.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 that the applicant has chosen to eliminate would then require an entirely new View Restoration application and fee. 12.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. 13.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. 14.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. 15. If the required work as specified herein is not completed within 90 days of the issuance of the Notice of Approval, then the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work at the subject property and 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 W:\VIEW RESTORATION\VRP CASES\100-110\100-GUTHRIE\DRAFT VRC RESO 2001_.DOC V.R.C.Resolution No.2001-04 Page 5 of 6 0 • City shall reimburse the applicant from the City trust account not later than 30 days after the expiration of the time period stipulated above. 16.Subsequent to the trimming or removal of the foliage, the applicant shall allow City Staff to document the restored view for future reference. Photographs of the restored view taken from the applicant's viewing area along with a "Documentation of Existing Foliage or View" form shall be kept on file at the Planning, Building & Code Enforcement Department. 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