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PC RES 2007-043 P.C. RESOLUTION NO. 2007-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 2007-00003 TO TRIM AND REMOVE FOLIAGE LOCATED AT 28967 PALOS VERDES DRIVE EAST. WHEREAS, on May 2, 2007, Mr. William Johnson, owner of property located at 28961 Palos Verdes Drive East (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore a view from his property that is significantly impaired by foliage owned by Mr. Richard Bagley, at 28967 Palos Verdes Drive East (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 applicant and the foliage owner on May 22, 2007; and, WHEREAS, on June 26, 2007, after all voting members of the Planning Commission had visited the site, 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 PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section I: As defined by Section 17.02.040 of the City's Development Code, the applicant at 28961 Palos Verdes Drive East has a view of City Lights, Los Angeles Harbor, Vincent Thomas Bridge and Ocean. Section 2: The applicant's viewing area at 28961 Palos Verdes Drive East, as defined by Section 17.02.040 of the City's Development Code, is from the living room. Section 3: The applicant at 28961 Palos Verdes Drive East has a view that is significantly impaired by ten (10) trees. Section 4: On January 15, 2007, Mr. Johnson, submitted a Notice of Intent to File for View Restoration Application No. 2007-00003. On February 20, 2007, the applicant and the foliage owner attended a pre-application meeting with the City's View Restoration Mediator and City Staff. Two months after the pre-application meeting, the foliage owner informed the City that he wished not to continue with further mediation for the reasons outlined in his letter dated April 23, 2007. Since the foliage owner elected not to continue further with mediation, the applicant was released to formally file the View Restoration application request. Therefore, in accordance with Section V (A) of the P.C. Resolution 2007-43 June 26, 2007 View Restoration Guidelines, the applicant has complied with the early neighbor consultation process. Section 5: All of the foliage that will be trimmed is greater than 16 feet in height and/or the ridgeline of the primary structure and significantly impairs the view from the applicant's view of the Los Angeles Harbor, Vincent Thomas Bridge and Ocean. Section 6: All of the subject foliage is located on a property adjacent to the applicant's property. Section 7: The applicant's lot (LA County Assessor Parcel No. 7566-022-013) was created (deeded in its current lot configuration) in March 1956 and the foliage owner's property, 7566-022-004, was created in 1957. After considerable examination of aerial photographs taken since 1948 when no trees or vegetation existed on the subject properties, up until the late 1960s, no trees of a view impairing height within the property at 28967 Palos Verdes Drive East are evident. There is reasonable photographic evidence (see Exhibit F of the Planning Commission Staff Report) to conclude that the trees subject to the View Restoration Permit application request were not view impairing trees at the time the applicant's lot was created in 1956. Section 8: Removal and trimming the foliage will not cause an unreasonable infringement on the privacy of the foliage owner in that the portion of the trees impairing the view does not currently provide privacy to the foliage owner's residence. The view impairing foliage is located a distance from the foliage owner's residence so as not to provide effective screening for the residence. Furthermore, there is no pre-existing privacy as the foliage owner's residence and rear area can be currently viewed from the private driveway easement. As such, removal and/or trimming of the trees will not cause unreasonable infringement of the privacy of the foliage owner. Section 9: Trimming and 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 removal and trimming of foliage at 28967 Palos Verdes Drive East in order to restore the view at 28961 Palos Verdes Drive East, as provided in and subject to, the conditions outlined in the attached Exhibit "A". P.C. Resolution 2007-43 June 26, 2007 -2 - 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. 2007-00003 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 26th day of June 2007. AYES: -Commissioners Karp, Knight, Ruttenberg and Tetreault, I Vice Chairman Perestam, Chairman Gerstner NOES: ABSTENTIONS: ABSENT: commissioner Lewis 7 Bill Gerstner Chairman Joe' s Dir 0f Pla ng, Bui4ldi8, Code Enforcement P.C. Resolution 2007-43 June 26, 2007 -3- EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2007-00003 1. Eucalyptus trees (labeled Tree Nos. 1-8)- Remove the Eucalyptus trees. Said removal shall include stump grinding or flush cutting to existing grade. Z Ash tree (labeled Tree No. 9). Remove the Ash tree. Said removal shall include stump grinding or flush cutting to existing grade. The applicant shall also pay the expense for one (1) replacement tree, no larger than 24 inch box size. 3. Pine tree (labeled Tree No. 10)-. Option 1. Heavily lace the entire tree crown. Said initial trimming shall occur during the cooler months of the year (November to March) with the earliest trimming to occur in November 2007. Or Option 2. Remove the Pine tree with the foliage owner's consent. Said removal shall include stump grinding or flush cutting to existing grade. The applicant shall also pay the expense for one (1) replacement tree, no larger than 24 inch box size. 4. Upon completion of Condition Nos. 1-3, 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 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, 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 that is ordered to be laced or trimmed dies within one year of the initial work being performed due to the performance of the work, the applicant 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 P.C. Resolution 2007-43 June 26, 2007 -4 - rt certified arborist that a longer monitoring period is necessary for a specific type of tree or shrub. 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 owner, 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. 7. The applicant 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 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 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 owner 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. 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 thea require an entirely neviâś“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 owner is not required to perform the work specified by this Permit and this Permit is of no further force and effect. 11.The foliage owner 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 P.C. Resolution 2007-43 June 26, 2007 - 5- 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 owner 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 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 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 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. WA View RestorationWRP cases\221-230\221-Johnson\ PC Resolution 2007-43.doc P.C. Resolution 2007-43 June 26, 2007 -6-