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PC RES 2006-043 P.C. RESOLUTION NO. 2 -4 RESOLUTION F THE PLANNING COMMISSION THE CITY OF RANCHO PALOS VERDES APPROVINGVIE RESTORATION PERMIT NO. 203 TO TRIM REMOVE FOLIAGE AT 3642 VIGILANCE DRIVE. on December 5, 2005, Mr. and Mrs. Aelony, owners of property located at 3632 Vigilance Drive (herein "the Applicant"), in the City of Rancho Palos Verdes, filed a Notice of Intent to File for View Restoration application requesting a View Restoration Permit ("Permit") pre-application meeting in order to restore the view from their property that is significantly impaired by foliage owned by Mr. and Mrs. Kuljis at 3642 Vigilance Drive (herein "the Foliage Owner"), in the City of Rancho Palos Verdes ("City"); and, notice of the Planning Commission hearing was mailed to the Applicants and Foliage Owners on April 27, 2006; and, the item was continued from July 13, 2006 to allow Commissioners ample time to visit both the Applicant and Foliage Owner's properties; and, WHEREAS, the item was continued from July 27, 2006 at the request of the Foliage Owners due to a family emergency; and, the item was continued to the August 22, 2006 meeting to allow Staff to address issues raised by the Planning Commission during the July 11, 2006 meeting; and, WHEREAS, on August 22, 2006, 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, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section : The Applicants at 3632 Vigilance Drive have a view, as defined by Section 17.02.040 of the City's Development Code of Catalina Island, the Pacific Ocean, Inspiration Point, and the Coastline. Section 2: The Applicant's primary viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the sunroom, attached to the kitchen area. View Restoration Permit No. 203 August 22, 2006 Section 3: The Applicant's view is significantly impaired by a Brazilian Pepper tree, Monterey Pine and Melaleuca tree located on the property at 3642 Vigilance Drive. Section 4: The Applicants have complied with the early neighbor consultation process and have 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 try to come to a private agreement. Section 5: Based on the evidence provided, the subject trees at 3642 Vigilance Drive are more than 16 feet in height and significantly impair the view from the Applicant's viewing area. 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 3642 Vigilance Drive is immediately adjacent to the Applicant's property at 3632 Vigilance Drive. Section 7: While the recommended action of trimming the Brazilian Pepper to 16 feet will not result in an unreasonable infringement on the privacy of the Foliage Owners, the removal option would result in an unreasonable infringement on the privacy. The Brazilian Pepper tree substantially shields large portions of the Foliage Owner's rear yard. Therefore, if the Foliage Owners opt for the removal option, then replacement foliage has been recommended to re-establish privacy to the Foliage Owners from the Applicant's viewing area and other portions of the property. Section 8: Trimming or removing the subject trees as identified in the attached Exhibit "A" is necessary in order to preserve the Applicant's view. Section 9: 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 10: 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 11: For the foregoing reasons and based on the information and findings included in the Staff Report, meeting minutes, and other records of proceedings, which are attached hereto by reference, the Planning Commission of the City of Rancho Palos Verdes hereby orders the trimming and/or removal of foliage at 3642 Vigilance Drive in View Restoration Permit No. 203 August 22, 2006 order 'to restore the view from 3632 Vigilance Drive, as requested and provided for in the conditions outlined in the attached Exhibit"A." �S ti 12 Any interested person aggrieved of this decision or by any portion of this le�I n z —cc�is!ibnn Imay appeal to the City Council. Pursuant to Section 17.202.040 (2)(g) of the d e; 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 22nd day of August 2006. AYES: commissioners Karp, Lewis, Ruttenberg, Perestam. and Chairman Knight NOES: None ABSTENTIONS: Vice Chair Gerstner ABSENT: commissioner Tetreaul Knig hairm Joel oras Direct Co r Planning, Buildin Code En meat View Restoration Permit No. 203 August 22, 2006 EXHIBIT k6 " RI C ITI F APPROVAL VIEW E T TI E IT NO. 203 1. The Brazilian Pepper tree: The Foliage Owners shall trim the Brazilian Pepper to 16 feet, as measured from where the tree emerges from the ground. The trimming shall be performed by using a central spot in the middle of the crown and rounding over the crown to create a more natural shape. The tree shall be maintained by the Foliage Owners to the height of 16 feet on a bi-annual basis. Alternatively, the Foliage Owners may opt to remove the tree, as opposed to topping. If the tree is removed, then the tree trunk shall be flush cut to the ground and the Applicants shall provide three (3) 24-inch box-size replacement trees. The three replacement trees shall be of a species selected by the Foliage Owners, and approved by City Staff, which will reach a mature height of up to 16 feet. The replacement trees shall be maintained so they do not exceed 16 feet, as measured from the rear-yard pad level. In addition, if the Foliage Owners choose to remove the Brazilian Pepper tree, then 3 to 4 shrubs shall also be provided by the Applicants for planting to provide backyard privacy to the Foliage Owners. The shrubs shall be maintained at a maximum height of 16 feet as measured from the pad level, on an on-going basis. 2. The Monterey Pine: The Foliage Owners shall heavily lace the entire tree with removal (to the base trunk) of selected limbs in the 20 to 30 foot area shown on Exhibit C. Due to the extent of trimming, the work shall be performed during the cooler months of the year (i.e. November to March), with the earliest trimming to commence between November 1St and November 30tH The Monterey Pine shall be maintained on an annual basis after the initial trimming. After the first year, Staff will assess the growth of the tree to determine if the annual maintenance schedule is appropriate or needs to be revised. If the annual maintenance schedule requires revision then a review date shall occur a minimum of one year after the initial trimming is performed. On or about the review date, Staff will inspect the foliage and transmit a brief report to the Commission, which shall contain a recommendation from Staff as to whether the maintenance schedule should be amended. The Commission shall consider the report and determine if a public hearing to amend the Conditions of Approval is necessary. If a public hearing is necessary then it shall be conducted as described per Guidelines Section VI.J. View Restoration Permit No. 203 August 22, 2006 3. Melalleuca Tree: The Foliage Owners shall maintain the Melaleuca tree to a height of 16 feet as measured from the base of the tree. If the Foliage Owners agree to remove the tree, the Applicants shall provide one 24-inch box replacement tree, of the Foliage Owner's choice. The Foliage Owners shall maintain the replacement tree to a maximum height of 16 feet on an on-going basis. 4. Upon completion of said trimming, if additional foliage on the subject property is found to be significantly impairing the view from the determined viewing area, then the offending foliage shall be trimmed to a height as not to significantly impair the view from the Applicant's property and the Applicants shall be responsible for the additional trimming costs. 5. 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. 6. If any tree or shrub that is ordered to be trimmed dies within one year of the initial work being performed due to the performance of the work, the Applicants or any subsequent owner of the Applicant's property shall be responsible for providing a replacement tree or shrub to the Foliage Owners. 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 trimming said tree or shrub will in all probability cause the tree or shrub to die, and the Foliage Owners chooses not to accept removal and replacement as an option, either in writing or in public testimony during the public hearing, then the Applicants will not be responsible for providing a replacement tree or shrub to the Foliage Owners. The replacement foliage shall be provided in accordance with the specifications described in section VI-E (Commission Action) of these Guidelines. If the work is performed by the Foliage Owners, said Foliage Owners 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. 7. The selection of the type of replacement foliage shall be made by the Foliage Owners 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. 8. The Applicants shall present to the City, at least one itemized estimate to carry out the aforementioned work. Such estimate is to be supplied by a licensed View Restoration Permit No. 203 August 22, 2006 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 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 Applicants 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. 9. The Foliage Owners shall select a contractor from the estimate(s) provided by the Applicants 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 Applicants. If the Foliage Owners chooses to do the required work, then the Foliage Owners shall not be compensated from the trust account and the amount in the trust account shall be refunded to the Applicants. 10.The Applicants may reduce the scope of the trimming and removal required by this Permit by giving the City and the Foliage Owners written notice of such decision within 30 days of this approval. The Applicants 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 Applicants have chosen to eliminate would then require an entirely new View Restoration application and fee. 11.The Applicants may withdraw the view restoration request and the trust account funds if done within five (5) days after the Applicants send the estimate required herein. In the event that the Applicants withdraw 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. 12.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 the Foliage Owners herein do 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 Owners' 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. 13.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 Owners not later View Restoration Permit No. 203 August 22, 2006 than 30 days after receipt of the appropriate billing as verified by City Staff. If the paid invoice submitted by the Foliage Owners is for an amount less than the funds in the City's trust account, the Foliage Owners 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 Applicants (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 Owners is for an amount that exceeds the funds in the City's trust account, the Foliage Owners shall only receive the funds from the City trust account and the Foliage Owners shall be responsible for paying the difference. 14.If the required 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 perform the work at the subject property at the Foliage Owners' expense, and the Applicant's deposit will be refunded. In the event that the City is required to perform the work, the Foliage Owners 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 Owners property if the invoice is not paid. 15.Subsequent to the trimming or removal of the foliage, the restored view shall be documented by Staff. The photographic documentation shall be kept on file at the Planning, Building and Code Enforcement Department and used as a benchmark by City Staff for making a determination of significant view impairment in any future view preservation enforcement actions. If foliage not subject to this View Restoration Permit should grow up and impair the documented view, said new foliage shall be considered significant view impairing foliage and shall be trimmed or removed by the Foliage Owner to match the view shown on the documented photograph. View Restoration Permit No. 203 August 22, 2006