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PC RES 2006-051 RESOLUTION NO. 2006-51 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VS APPROVING REVISION EXHIBIT 'A' TO CONDITIONS 1, 2, & 4 OF THE CONDITIONS OF APPROVAL TO VIEW RESTORATION PERMIT NO. 161, TO TRIM FOLIAGE AT 30466 VIA CAMBRON. WHEREAS, on February 6, 2003, Mr. and Mrs. Young, the owners of property located at 7256 Berry Hill Drive, and Mr. and Mrs. Van Klooster, then the owners of property located at 7264 Berry Hill Drive, (herein "the applicants"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore a view from each of their properties that is significantly impaired by foliage owned by Mr. and Mrs. O'Sullivan, at 30466 Via Cambron, (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, notice of the Planning Commission ("Commission") hearing was mailed to the applicants and the foliage owner on February 4, 2004; and, WHEREAS, on March 9, 2004, the Commission held a duly noticed public hearing to consider the request, at which time, the public hearing was continued to April 27, 2004; and, WHEREAS, on April 27, 2004, 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, after all interested parties were given an opportunity to be heard and present evidence, the Planning Commission adopted P.C. Resolution No. 2004-18, thereby conditionally approving View Restoration Permit No. 161; and, WHEREAS, on May 12, 2004, within the 15 day appeal period, Mr. and Mrs. Michael O'Sullivan (foliage owners) appealed the April 27, 2004 Planning Commission decision to the City Council; and, WHEREAS, on July 20, 2004, the City Council held a duly noticed public hearing to consider the appeal, at which time, all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on July 20, 2004, the City Council adopted C.C. Resolution No.2004-63, thereby conditionally approving View Restoration Permit No.161 which requires an one-time annual review of the foliage owner's ability to maintain the foliage and address the adequacy of the tree trimming schedule; and, WHEREAS, within no less than a year of the foliage owners' initial trimming, notice of the Planning Commission ("Commission") hearing was mailed to the applicants and the foliage owner on August 23, 2006; and, WHEREAS, on September 26, 2006, due to the lateness of the hour, the Commission automatically continued the matter to October 10, 2006; and, WHEREAS, on October 10, 2006, the Commission held a duly noticed public hearing to consider the maintenance review, at which time, all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on October 10, 2006, the Planning Commission adopted P.C. Resolution No.2006-51, thereby amending the conditions of approval for View Restoration Permit No.161; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicants at 7256 and 7264 Berry Hill Drive each have a view, as defined by Section 17.02.040 of the City's Development Code, of the ocean and Catalina Island. Section 2: The viewing area, as defined by Section 17.02.040 of the City's Development Code, from the residence at 7264 Berry Hill Drive, is taken from the living room, family room, and outdoor patio area. The view is the same from each location at that property. From the residence at 7256 Berry Hill Drive, the view is taken from the living room, dining room, and outdoor patio area. The view is the same from each location at that property. Section 3: The applicants each have a view that is significantly impaired by two (2) trees on property located at 30466 Via Cambron. Section 4: On March 10, 2003, all parties, including City Staff attended a pre- application meeting in an attempt to resolve the conflict. Thus, all parties have participated in the required pre-application process and have completed the early neighbor consultation process. Section 5: Based on evidence provided by the applicants, the subject foliage at 30466 Via Cambron significantly impairs the applicants' view at each property. All of the subject foliage exceeds the height of the ridgeline of the primary structure, or 16 feet, and significantly impairs the view from each of the applicants' viewing areas. Section 6: The subject property is located less than one thousand (1,000) feet from the applicants' properties as the foliage owner's property abuts both applicants' properties. Section 7: The applicants' and the foliage owner's properties, Lots 16, 37 and 38, of tract 26012, were created in 1961. According to the soils report prepared by Pacific Soils Engineering, Inc., the lots in this area were created using mass grading techniques that involve the removal of all existing vegetation to create the building pads. The report indicates, "All vegetation and debris shall be removed and disposed off the P.C. Resolution No. 2006-51 Page 2 of 5 site". Therefore, the subject foliage did not exist as view impairing foliage when the applicants' lots were created. Section : Trimming the foliage as recommended by Staff, will not cause an unreasonable infringement on the privacy of the foliage owner. Both trees are located in the front yard area of the foliage owner's residence. Section : Trimming the subject foliage as identified in the revised attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the applicants' views. Section 1 : Pursuant to Section 15300 of the California Environmental {duality Act, the proposed project is categorically exempt under Class 4 of that section because the work required to restore the applicants' views 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: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 12: Based on the foregoing information, and on the information and findings included in the Staff report and the evidence presented at the public hearing dated October 10, 2006, the Planning Commission hereby orders the following amended conditions of approval for View Restoration Permit No. 161, as contained in the attached Revision Exhibit 'W': I. Pine tree: L ® Reduce the crown of the tree to the level of the V4 Lllnno+®r building pad located at 7264 Berry Hill Drive. n{+— +h® ini+iAl +rirnrninnMaintenance trimming shall occur during the month of December, on an annual basis and shall be performed so that the height level of the tree is lowered to the height shown in the photograph taken from 7264 Berry Hill Drive dated May 19, 2005, as shown in the attached Exhibit "B" 1 yeaF ea�rTthe initial +rimming date, nr antY: ea r Gh es A level that is 2 feet A nv®—thu Vearo 9 . OF ems ° ry® no nn ' n 'l \w/ill lily®I\/ (rill the tFee, rerun\/® thea II. t crrr,.—rrrz..y rc-irn�c..—re-ru Lea innlrlinn n Anel runt hall \a W fnliAn,o� 9 1 f tt6kP theR la— J #e8, '}'rpl LT�p�P+ P.C. Resolution No. 2006-51 Page 3 of 5 4ha» n 4fiaeent­_Tfcnr .11­innh hnv ST j��ta �iA_ c� r s he pFevided by the applinantc in the area where the Pine 4ree at 7264 rni Hill rlri� � � fiye_gallnn s Plants, plantedwhish ore to he planted n» the clone that is adjanent underpinnings of the rdeGk that nUrrently are not cnreenerd hie foliage. The new v }',�,n is he of me d?#F�tFi=t� 8� yr e-�ar�-rte variety oc the evi ting vegetatie» nn the cloneslepe aelian®»$ to the e�enle ® n aePer/c\ the Pert�e o4 7264D-rne Hill the ueGk.Th�vw reF�. ) o -err -vt-rry-'-rrrr rive shall rnai» an all of fhefelinge that cnmensreenc the denlr innlurding both $he evicting foliage a»r1�1l the ne�ae $nliage 4h a4 is 4n he nl.n»terd co t of the edcrtu�rs r-arcen1 are Tn— c�nreenerd $rem view. 2. Eucalyptus tree: i. b Reduce the crown of the tree to the level of the building pad located at 7256 Berry Hill yDrive, w 6 at tG 6 fee �tFee shaII alse ttI a shaped-cmc After the initial trBFnR;iR , Maintenance trimming shall occur on a semi-annual basis, during_ the months of December and June and shall be performed so that the height level of the tree is lowered to the height shown in the photograph taken from 7256 Berry Hill Drive dated December 2 2004 as shown in, the attached Exhibit "C" b ing4hhs afteerrthe_initial_trimming�nte� or whoa the- eaGh:7 es-aa-d that e �n.`,e the YEGURg ii. Option 2! I?er n•�ee-th tree with ., i�ag® n,a,» ' �aa`rr1rct ttFes then one /'I\ r - nn larger than a t�aeen$�e_ f $ s�r innh hoy ci'e relenliaown r s�d an cry-���c�t fo�agge� by the appliGaRt. A. _SiRGG the tFe #imming to ensure that the ^--';GaRt views aFe restored. 4)RGe-4he shall be A-GIGUmented--and P.C. Resolution No. 2006-51 Page 4 of 5 Section 13: Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Sections 17.02.040, 17.76.040(H) and 17.80.070 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 October 25, 2006. PASSED, APPROVED, AND ADOPTED this 10th day of October 2006, by the following vote: AYES: Chairman Knight, Vice Chairman Gerstner, Commissioners Karp, Lewis, Perestam, Ruttenberg, Tetreault NOES: ABSTENTIONS: ABSENT: , Aik Jim KnEg- Chairrn• WIIP Joe -ops, AICIF Di ector •f Plan , Building and Cede E forcem- t; and, Secretary to t - - anning Commission P.C. Resolution No. 2006- 51 Page 5 of 5 P.C. RESOLUTION NO. 2006-51 REVISION EXHIBIT "A" AMENDED CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 161 1. Pine tree: Reduce the crown of the tree to the level of the building pad located at 7264 Berry Hill Drive. Maintenance trimming shall occur during the month of December, on an annual basis and shall be performed so that the height level of the tree is lowered to the height shown in the photograph taken from 7264 Berry Hill Drive dated May 19, 2005, as shown in the attached Exhibit "B". 2. Eucalyptus tree: Reduce the crown of the tree to the level of the building pad located at 7256 Berry Hill Drive. Maintenance trimming shall occur on a semi- annual basis, during the months of December and June and shall be performed so that the height level of the tree is lowered to the height shown in the photograph taken from 7256 Berry Hill Drive dated December 2, 2004, as shown in the attached Exhibit "C" P.C. Resolution No. 2006-51 REVISION A Page 1 of 1 P.C. RESOLUTION NO. 2006-51 REVISION EXHIBIT "B" AMENDED CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 161 View from 7264 Berry Hill Dr, Rancho Palos Verdes CA 411 111 db o • /h - 1111 - P.C. Resolution No. 2006-51 Exhibit B P.C. RESOLUTION NO. 2006-51 REVISION EXHIBIT "C" AMENDED CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 161 is r --.. Eucalyptus te Catalina Island Pine tree { , tree ••, r t . a1 Ilr - , 1 ,.::� , ,,..,-3,4*,- r _ y• #, .2?--' - - ,- , , --„,er.,.. .. 4,-,.....,,,,- , ,4,-.-... , 1,. - -.....,... hA f,,„-,..4,07't., . ;_ :-4,4 je."--,--r • ., te L44,4,1',1.; ( •r Y i.,,_„., , „..,„,.., •.."" •: ? '- ',. er a a. ,s, , _ ,_____,..,1 r� `. , ir`�.i,= ,?-• : ."74;:' _ r , ,,,it, 2' ,•.te.' • +.,, .., ,c_.,... .,. ...t, .,, - r _ s ..2.,,,,,.,...„,-,,,••„, T 4 /♦ r''''',4,t,-.-4i, ri ' „•,,,,,,,,..2„,..„_:;....,,,,,..,,.:, 9; ,.,--:,,r.--.,,,,_,- ;:1/2.:Lt` ' :„......,,i,,,,,� ^•. L. .., ......,4 * _, r hk R 7 -,f ..Ems. 14, December 2, 2004 from 7256 Berry Hill Drive P.C. Resolution No. 2006-51 EXHIBIT C