PC RES 2006-015 P.C. RESOLUTION NO. 2006 - 1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DENYING THE APPEAL
REQUEST; THEREBY AFFIRMING THE
DIRECTOR OF PLANNING, BUILDING, AND
CODE ENFORCEMENT'S APPROVAL OF VIEW
PRESERVATION PERMIT NO. 78 TO TRIM OR
REMOVE FOLIAGE AT 29208 POSEY WAY.
WHEREAS, on April 21, 2005, Mr. and Mrs. Park, owner of property located at
6755 El Rodeo Road (herein "the applicant"), in the City of Rancho Palos Verdes, filed a
Notice of Intent to File for View Preservation application requesting a View Preservation
Permit ("Permit") pre-application meeting in order to preserve the view from their
property that is significantly impaired by foliage owned by Mr. and Mrs. Jordan at 29208
Posey Way (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City");
and,
WHEREAS, on May 27, 2005, both parties attended a pre-application meeting
and no private agreement was ultimately reached; and,
WHEREAS, on November 10, 2005, Mr. and Mrs. Park, filed a formal
application requesting a View Preservation Permit ("Permit") be approved in order to
preserve the view from their property that is significantly impaired by foliage owned by
Mr. and Mrs. Jordan at 29208 Posey Way, in the City of Rancho Palos Verdes; and,
WHEREAS, on December 7, 2005, the Director of Planning, Building and Code
Enforcement, issued a Notice of Decision (NOD) for View Preservation Permit No. 78,
and copies of the NOD were mailed to the applicant and the foliage owners; and,
WHEREAS, on December 22, 2005, within the fifteen day appeal period, Mrs.
Jordan, the foliage owner, filed an appeal fee to appeal the Director's decision for VPP
No. 78 to the Planning Commission; and,
WHEREAS, after notice issued pursuant to the requirements of the Municipal
Code, the Planning Commission held a public hearing on February 28, 2006, at which
time the Planning Commission decided to continue the public hearing to March 14,
2006; and
WHEREAS, the Planning Commission held a public hearing on March 14, 2006,
at which time the Planning Commission decided to continue the public hearing to March
28, 2006; and
WHEREAS, after notice issued pursuant to the requirements of the Municipal
Code, the Planning Commission held a public hearing on March 28, 2006, at which time
PC Resolution 2006-15
VPP No. 78
all interested parties were given an opportunity to be heard and present evidence on the
notice of appeal; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The applicant at 6755 Ei Rodeo Road has a view, as defined by
Section 17.02.040 of the City's Development Code of the Santa Monica Bay and the
Pacific Ocean.
Section 2. The applicant's primary viewing area, as defined by Section
17.02.040 of the City's Development Code, is from the living room and outdoor patio
area.
Section 3, The applicant's view is significantly impaired by a Ficus hedge, three
(3) Ficus tree(s), and two (2) King Palms on the property located at 29208 Posey Way
(Jordan property).
Section 4: The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on their part to resolve the matter. The
Applicants have complied with the early neighbor consultation process by sending
letters to the foliage owner, attending the pre-application meeting, and participating in
the follow-up process with the View Restoration Mediator to come to a private
agreement.
Section 5. Based on the evidence provided, the subject trees at 29208 Posey
Way exceeds the ridgeline of the primary structure and significantly impairs the view
from the applicant's viewing area. Based on the accepted documentation photograph
provided by the applicant, the City has determined that the subject foliage at 29208
Posey Way significantly impairs the applicant's view.
Section 6: The subject property is located less than one thousand (1,000) feet
from the applicant's property. The foliage owner's property at 29208 Posey Way is
immediately adjacent to the applicant's property at 6755 El Rodeo Road.
Section 7: As evident in the applicant's photograph dated in December 25, 1997,
,the subject foliage did not exist as view impairing foliage in November 1989, or
sometime thereafter.
Section 8- Trimming of the subject foliage will not cause an unreasonable
infringement on the privacy of the foliage owner because the viewing impairing foliage
subject to trimming is above the foliage owner's roofline. Furthermore, the Ficus hedge,
maintained at its prescribed level, will provide screening of the rear property at 29208
Posey Way. As such, trimming or removal of the foliage will not cause unreasonable
infringement of the privacy of the foliage owner.
PC Resolution 2006-15
VPP No. 78
Section 9: Trimming or removing the subject trees as identified in the attached
Exhibit "A", is necessary in order to preserve 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'. Section 1094.6 of the California Code of Civil Procedure governs the
time within which the judicial review of the decision reflected in this Resolution, if
available, must be sought.
Section 12: For the foregoing reasons and based on the information and findings
included in the Director's Notice of Decision, meeting minutes and other records of
proceedings, which are attached hereto by reference, the Planning Commission of the
City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director
of Planning, Building, and Code Enforcement's decision and approves View
Preservation Permit No 78 to trim or remove foliage at 29208 Posey Way in order to
preserve the view from 6755 El Rodeo Road, as requested and provided for in 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.
PASSED, APPROVED, AND ADOPTED on the 28th day of March 2006.
AYES: Chairman Knight, Vice Chairman Gerstner, Commissioner Karp, Commissioner
Tetreault, Commissioner Perestarn
NOES: Commissioner Rottenburg, Commissioner Lewis
ABSTENTIONS:
ABSENT:
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PC Resolution 2006-15
VPP No. 78
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW PRESERVATION PERMIT NO. 78
1. The Ficus hedge and Ficus trees:
Trim the foliage to reflect the condition shown in the documentation photograph
dated December 25, 1997 (Exhibit E of the Staff Report), which is the same level
as the solid yellow line illustrated in Exhibit F of the Staff Report or at a height
level of approximately 12 feet, as measured from the top of the slope of the
foliage owner's property, whichever is lower.
2. The in Palms:
Trim the foliage to reflect the condition shown in the documentation photograph
dated December 25, 1997 (Exhibit*E of the Staff Report), which is the same level
as the solid yellow line illustrated in Exhibit F of the Staff Report
3. 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 a semi-annual basis, beginning 6 months after the initial
trimming of the foliage is completed and verified by Staff.
4. If any of the subject tree(s) die as result of the trimming, then the tree(s) shall be
removed subject to Section 8.24.060 (property maintenance) of the RPV
Municipal Code.
5. If the required tree trimming or removal work as specified herein is not completed
within 90 days, then the City of Rancho Palos Verdes shall forward the matter to
the City Attorney for resolution. Should it be necessary that the City Attorney
requires a court order to enforce the City's decision and in the event that the City
is required to perform the work using a bonded tree service, the foliage owner will
be billed for all City expenses incurred in enforcing the City's order and a lien or
assessment may be recorded against the foliage owner's property if the invoice is
not paid.
PC Resolution 2006-15
VPP No. 78