PC RES 2005-033 P.C. RESOLUTION NO. 2005-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VIEW
RESTORATION PERMIT NO. 184 TO TRIM OR REMOVE
FOLIAGE AT 2417 AND 2403 SPARTA DRIVE.
WHEREAS, on November 22, 2004, Mr. and Mrs. Poole, owner of property located
at 2652 Colt Road (herein "the applicant"), in the City of Rancho Palos Verdes, filed an
application requesting a View Restoration Permit ("Permit") to restore a view from their
property that is significantly impaired by foliage owned by Mr. and Mrs. Donald Johnston,
at 2417 Sparta Drive (herein "the foliage owner"), in the City of Rancho Palos Verdes
("City"); and,
WHEREAS, on June 16, 2005, Mr. and Mrs. Poole, owner of property located at
2652 Colt Road (herein "the applicant"), in the City of Rancho Palos Verdes, amended the
Permit application to include an additional foliage owner, Mrs. Bachtuyet Pho at 2403
Sparta Drive; and,
WHEREAS, notice of the Planning Commission ("Commission") hearing was mailed
to the applicant and the foliage owners on February 17, 2005; and,
WHEREAS, on March 22, 2005, after all voting members of the Planning
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 and the item was continued to April 26, 2005; and,
WHEREAS, on April 26, 2005, after all voting members of the Planning
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 and the item was continued to July 26, 2005 to allow the
applicant to add an additional foliage owner at 2403 Sparta Drive to the Permit request;
and,
WHEREAS, notice of the Planning Commission ("Commission") hearing was mailed
to the applicant and the foliage owners on June 22, 2005; and,
WHEREAS, on July 26, 2005, after all voting members of the Planning
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.
I
View RestoratiowV RF1 Cases\,181 - 19011184- Poo1e\pq_r-eSo_Ju1y26,d0C P.C. Resolution 2005-33
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NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: As defined by Section 17.02.040 of the City's Development Code, the
applicant at 2652 Colt Road has a view of the Harbor and Ocean.
Section 2: The applicant's viewing area at 2652 Colt Road, as defined by Section
17.02.040 of the City's Development Code, is from the living room.
Section 3: The applicant at 2652 Colt Road has a view that is significantly
impaired by four (4) trees.
Section 4: On June 21, 2004, Mr. and Mrs. Poole, submitted a Notice of Intent to
File for View Restoration Application No. 184. At the time of submittal, the applicant
requested a pre-application meeting with Mr. Johnston, owner of foliage located at 2417
Sparta Drive. In July and November 2004, Staff attempted to schedule a pre-application
meeting between the view owner and the foliage owner. However, Mr. Johnston declined
the last invitation offered in November 2004. Consequently, the applicant was released to
file a formal permit. Furthermore, on April 27, 2005, Mr. and Mrs. Poole, submitted a
Notice of Intent to File for View Restoration Application No. 184 to address the foliage
located at 2403 Sparta Drive. In May 2005, Staff attempted to schedule a pre-application
meeting between the view-owner and the foliage owner, Mrs. Bachtuyet Pho. However,
Mrs. Pho did not respond to the Staff's invitation to attend a pre-application meeting.
Consequently, the applicant was released to file and amend the formal permit application
request. Therefore, according to the View Restoration Guidelines and Procedures, the
applicant has complied with the early neighbor consultation process.
Section 5: The subject foliage that is recommended by Staff to be trimmed or
removed is greater than 16 feet in height and above the ridgeline of the primary structure
and significantly impairs the view of the Harbor and Ocean.
Section 6: The subject foliage is located on properties that are approximately 205
feet from the applicant's property.
Section 7: The applicant's property, including the surrounding properties within Lot
61 of Los Angeles County Assessor Map No. 51, was created circa 1961. The foliage
owners' properties, Lot 7 and Lot 6 of Tract No. 25449 were created circa 1960. The
foliage owners' lots, as well as all other lots within Tract No. 25449 were created using
mass grading techniques that involved the removal of all the existing vegetation to create
the building pads. According to the 1960 "Soil Compaction Tests" report for Tract No.
25449, the existing surface areas were "cleared of all organic or deleterious materials"
(see Exhibit D). Although Lot 7 and Lot 6 were created before the applicant's lot was
created, the subject foliage located on Lot 7 and Lot 6 could not have existed as view
impairing foliage when the applicant's lot was created. It is reasonable to estimate that
based on an average annual growth rate of 2-3 feet for Canary Island Pine trees, the
height of the subject trees at the time the applicant's lot was created may have been 3
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U P.C. Resolution 2005-33
July 26, 2005
feet, assuming that the trees were planted in 1960. In order for the subject trees (Tree
Nos. 1-4) to be considered to be view impairing, the trees' height must be over 30 feet.
Therefore, when the applicant's lot was created, the subject foliage was not considered to
be view-impairing foliage.
Section a Trimming the foliage as recommended by Staff, will not cause an
unreasonable infringement on the privacy of the foliage owner in that the view impairing
trees do not currently provide privacy to the foliage owners residence. The viewing
impairing foliage subject to trimming is well above the foliage owners' rooflines. As such,
trimming of the trees will not cause unreasonable infringement of the privacy of the foliage
owners.
Section ® Trimming or removal of 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 15700 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
Planning Commission hereby orders the trimming or removal of foliage at 2417 and 2403
Sparta ®rive in order to restore the view at 2652 Colt Road, 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 17.202.040 (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 the
date of the Planning Commission's 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 Planning
Commission hereby approves View Restoration Permit No. 184 subject to the Conditions
of Approval contained in the attached Exhibit "A", which are necessary to protect the
public health, safety and welfare.
WAView RestorafionNNP Case:,y181 - 190\184- Pooletpc,_rP.;so_Ju1y26,doc P.C. Resolution 2005-33
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PASSED, APPROVED, AND ADOPTED on the 26th day of July 2005.
AYES: Chairman Tetreault, Vice Chairman Knight, Commissioner Golida, Commissioner Gerstner
TOES:
ABSTENTIONS: Commissioner Karp
ABSENT: Commissioner Perestam, Commissioner Mueller
Paul Tetreault
Chairman
oel jasrof Pla ing,& Code Enforcement
V`sA\/i;vd Rest:mfi=_,,WRP C ries\'1 190k984 Poolelpc;_re,sD,_,1s.i(y26,doc P.C. Resolution 2005- 33
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 184
1. The applicant shall submit funds into a City trust deposit covering the cost of a
licensed professional land surveyor to identify the location of the subject trees
with respect to the property line between 2403 and 2417 Sparta Drive. The
licensed surveyor is to be selected by the City. Upon receiving the funds in the
City's trust deposit account, the City shall mail a certified letter to the foliage
owners notifying them to schedule and have the survey work be performed within
30 days of receiving such letter. The City's notification letter shall name the
licensed land surveyor and the costs to perform the work. Should one or both
foliage owners decide not to use the named surveyor, the foliage owners may
have another licensed land surveyor perform the work. However, if one or both
foliage owners choose another surveyor, the work must include a description and
location of the subject trees with respect to the property line between 2403 and
2417 Sparta Drive and the foliage owners shall only be reimbursed in an amount
equal to the cost of the surveyor service obtained by the City. In addition, the
work must be performed within 30-days of the written notice to perform the
survey work. After completion of the survey work within the stipulated 30-day
time period, a copy of the survey, which specifically describes the location of the
trees between the residences at 2403 and 2417 Sparta Drive, will be given to the
City, the applicant and foliage owners.
2. Should the survey work not be fully completed within the 30-day time frame, then
both foliage owners will not be in compliance with the PC Resolution and the
matter will be forwarded to the City Attorney's office to seek compliance and the
foliage owners shall be responsible for the costs of performing the survey as well
as any legal costs associated with the enforcement of Condition No.1.
3. Based on the property boundary survey results, if any of the following trees,
described as Tree Nos. 1-4 are located on the properties located at 2417 and
2403 Sparta Road, then the following tree trimming or tree removal shall occur by
the respective foliage owner:
Option 1: Trim each tree crown down to the red dashed line shown
in Exhibit B. Said initial trimming shall occur during the cooler months
of the year (November 1St 2005 and January 31, 2006).
Or
Option 2: Remove each tree with the foliage owner's consent. Said
removal shall include stump grinding to approximately 12 inches in
depth and one (1) replacement tree for each tree removed, no larger
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than 24-inch box size. Said work deadline is subject to Condition No.
11 below.
4. The foliage owners 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, or as specified above, if different, beginning
one year after the initial trimming of the foliage is completed and verified by Staff.
5. If any tree that is ordered to be culled, laced, or trimmed dies within one year of
the initial work being performed due to the performance of the work, 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. This time period may
be extended by the Commission if evidence is provided by a certified arborist that
a longer monitoring period is necessary for a specific type of tree or shrub.
However, if the city arborist determines that culling, lacing, or trimming said tree
or shrub will in all probability cause the tree or shrub to die, and the foliage owner
chooses not to accept removal and replacement as an option, either in writing or
in public testimony during the public hearing, then the applicant will not 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 VI-E (Commission Action) of these Guidelines. If the foliage
owners personally perform the work, said foliage owner shall forfeit the right to
replacement foliage if the trimmed tree dies. If a tree or shrub dies it is subject to
removal pursuant to Section 8.24.060 (property maintenance) of the RPV
Municipal.
6. 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 View Restoration
arborist.
7. The applicant shall present to the City, at least one itemized estimate to carry out
the aforementioned tree trimming or removal work. Such estimate is to be
supplied by a licensed landscape or licensed tree service contractor, acceptable
to the City, and shall include all costs of cleanup and removal of debris and the
cost if have an ISA certified tree trimmer or accredited arborist on site to perform
or supervise the work being done. 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 as verified by City
Staff.
8. 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 owners shall only be
reimbursed for the amount of the lowest bid submitted by the applicant. If any
foliage owner chooses to do the required work, then the foliage owner shall not
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be compensated from the trust account and the amount in the trust account shall
be refunded to the applicant.
9. 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.
10.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 owners are not required to perform the work
specified by this Permit and this Permit is of no further force and effect.
11.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 the view from the
applicant's property in the future as specified in these Conditions of Approval. If
any foliage owner herein does not complete the required work as specified 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 City shall reimburse the
applicant from the City trust account not later than 30 days after the expiration of
the time period stipulated above.
12.Upon completion of the work, the foliage owners shall notify the City and shall
submit a copy of a paid invoice showing that the work was performed. Upon
submittal of the invoice and verification by City Staff of compliance, the City shall
transmit the funds from the City trust account to the foliage owner not later than
30 days after receipt of the appropriate billing as verified by City Staff. If the paid
invoice submitted by the foliage owner is for an amount less than the funds in the
City's trust account, the foliage owner shall only be transmitted an amount equal
to the actual cost of the trimming. In such situations, the balance of the trust
account shall be refunded back to the applicant (within 30 days of receipt of the
appropriate billing) or applied to the applicant's permit processing account, if that
account contains a negative balance. If the paid invoice submitted by the foliage
owner is for an amount that exceeds the funds in the City's trust account, the
foliage owner shall only receive the funds from the City trust account and the
foliage owner shall be responsible for paying the difference
13.If the required tree trimming or removal work as specified herein is not completed
within the stipulated time periods, then the City of.Rancho Palos Verdes will
utilize the City's code enforcement process to authorize a bonded tree service to
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perform the work at the subject property at the foliage owner's expense, and the
applicant's deposit will be refunded. In the event that the City is required to
perform the work, the foliage owner will be billed for all City expenses incurred in
enforcing the View Restoration order and a lien or assessment may be recorded
against the foliage owner's property if the invoice is not paid.
14.Subsequent to the trimming or removal of the foliage, the applicant may, at their
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.
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