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PC RES 2007-064 P.C. RESOLUTION NO. 2007-64 A RESOLUTION OFTHE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 200700019 TO TRIM AND/OR REMOVE FOLIAGE LOCATED AT 5333 ROLLING RIDGE ROAD. WHEREAS, on May 18, 2007, Mr. and Mrs. Allman, owners of the property located at 5335 Rolling Ridge 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 his property that is significantly impaired by foliage owned by Mr. and Mrs. Trowbridge, at 5333 Rolling Ridge Road (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 July 14, 2007; and, WHEREAS, on August 14, 2007, after all eligible 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 September 25, 2007 to allow the City Arborist to provide input to the Permit request; and, WHEREAS, on September 25, 2007, after all eligible 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 October 23, 2007 to allow the foliage owner's arborist time to conduct tree core samples and provide an associated report; and, WHEREAS, on October 23, 2007, after all eligible 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 1- As defined by Section 17.02.040 of the City's Development Code, the applicant at 5335 Rolling Ridge Road has a view of the Santa Monica Bay (Ocean), Shoreline, Santa Monica Mountains, and City lights. P.C. Resolution 2007-64 November 13, 2007 —.. `- • - '��- �• s' � •• • 1♦ 111 '� -�• -•; � • • ^ r • � �, •. � � ••°, � • - �•� r s- •. -� • a • • a •• .• `' ^ - ,�: .:: . •: ^ _ -. ^r. •,� �, ^•I ♦ ^ ter;• .; ^ - � •� - '�• r -•� 's --• • •,�. •�- �• •. ^ •.; is 'f '�• •"• f^ � : ^. 4 _ •, . • .. ^ •'• ..' _ ;, • _ • ^' :�' •1 to the View Restoration Permit application request were not view impairing trees at the time the Applicant's lot was created in 1965. Tree Nos. 1 and 2 did exist as view impairing trees at the time the lot from which the view is taken was created. Therefore, the Commission finds that Trees Nos. 1 and 2 are not subject to this application. Section 8: Removal or trimming the foliage as recommended by Staff will not cause an unreasonable infringement on the privacy of the foliage owner in that the portions of the tree crowns impairing the view do not currently provide privacy to the foliage owner's residence. The view impairing foliage is above the foliage owner's residence so as not to provide effective screening for the residence. 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 15304 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. 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 and/or removal of foliage at 5333 Rolling Ridge Road in order to restore the view at 5335 Rolling Ridge Road, as provided in and subject to, the conditions outlined in the attached Exhibit "A". Section 12: This decision is not intended to affect and is not based on the interpretation of the covenant that memorialized the agreement between Mrs. Cox, the former owner of the applicant's property, and Mr. and Mrs. Trowbridge that was recorded in 1975. Any dispute between the parties regarding that covenant must be resolved by the courts, and not by the City. Section 13: 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 14: 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. 2007-00019 subject to the Conditions of Approval contained in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare. P.C. Resolution 2007-64 November 13, 2007 -3- PASSED, APPROVED, AND ADOPTED on the 13th day of November 20074 AYES: Xommissioner Knight, Ruttenberg, Tetreault, Vice Chairman Perestam NOES. Commissioner Lewis ABSTENTIONS: Commissioner Karp ABSENT: iqone REC S LS: Chairman Gerstner Chairman s � Joel of s Dire for f PlanUg, g, Buil & Code Enforcement P.C. Resolution 2007- 64 November 13,2007 -4 - EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2007-00019 1. Pine tree (labeled Tree No. 3): Raise crown by removing all lower branches except structural branches in order to provide a view of Santa Monica Bay, City lights, and Santa Monica Mountains. Tree trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008. Pursuant to the Migratory Bird Act, the canopy of tree No. 3 shall be checked by a qualified biologist to ascertain whether there is an active nest. If there is an active nest, as determined by a qualified biologist, trimming shall only occur outside of the active nesting season. Or With the consent of the foliage owner, remove tree and replace with two (24) inch box size trees to be planted at the north side of the foliage owner's property. Pursuant to the Migratory Bird Act, the canopy of tree No. 3 shall be checked by a qualified biologist to ascertain whether there is an active nest. If there is an active nest, as determined by a qualified biologist, removal of the tree shall only occur outside of the active nesting season. 2. Pine tree (labeled Tree No. 4): Reduce the crown to the height of the dashed red line shown in Exhibit B of the Staff Report. Said tree trimming shall include shaping and the trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008. Since the City Arborist has determined that crown reduction will leave the tree in an unsightly condition, an option to remove the tree is available. Or With the consent of the foliage owner, remove the tree and replace it with two (24) inch box size trees to be planted within the vicinity of the removed tree. 3. Pine tree (labeled Tree No. 5): P.C. Resolution 2007-64 November 13, 2007 - 5 - Reduce the crown to the height of the dashed red line shown in Exhibit B of the Staff Report. Said tree trimming shall include shaping and the trimming shall occur during the cooler months of the year (November-March) with the initial trimming to -occur between November 1, 2007 and March 31, 2008. 4. Pine tree (labeled Tree No. 6)A Raise the crown by removing all lower branches except structural branches in order to provide a view of the City lights and Mountains. Tree trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008, Or With the consent of the foliage owner, remove the tree and replace it with two (24) inch box size trees to be planted within the vicinity of the removed tree. 5. Pine tree (labeled Tree No. 7): Reduce the crowns to the height of the dashed red line shown in Exhibit B of the Staff Report. Said tree trimming shall include shaping, and the trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008. Since the City Arborist has determined that crown reduction will be detrimental to the tree, no replacement tree(s) shall be provided by the Applicant should the tree die as a result of the trimming. Or With the consent of the foliage owner, remove the tree and replace the removed tree with two (24) inch box-size trees to be planted within the vicinity of the removed tree. 6. Pine trees (labeled Tree Nos. 8 and 9)e Deduce the crowns to the height of the dashed red line shown in Exhibit B of the Staff Report. Said tree trimming shall include shaping, and the trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008. Or P.C. Resolution 2007-64 November 13, 2007 -6- With the consent of the foliage owner, remove the two trees and replace each removed tree with two (24) inch box size trees to be planted within the vicinity of the removed tree. 7. Pine tree (labeled Tree No. 10): After tree No. 7 is trimmed or removed, raise the crown of tree No. 10 by removing all lower branches except structural branches in order to provide a view of the City lights and Mountains. Tree trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2003. Or With the consent of the foliage owner, remove the tree and replace it with two (24) inch box size trees to be planted within the vicinity of the removed tree. 8. Pine tree (labeled Tree No. 11): Heavily lace the entire tree crown. Tree trimming shall occur during the cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and March 31, 2008. 9. Eucalyptus tree (labeled Tree No. 12). Raise crown in order to provide a view of the City lights. 10.Upon completion of Condition Nos. 1-9, if additional foliage on the subject property is found to be impairing the view from the determined viewing area (other than Tree Nos. 1 and 2), then the offending foliage shall be trimmed so as not to significantly impair the view from the Applicant's property, and the Applicants shall be responsible for the additional trimming costs. 11.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. 12.if any tree, with the exception of Tree No. 7, 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 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 P.C. Resolution 2007-64 November 13, 2007 -7- 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. 13.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. 14.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. 15.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. 16.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. 17.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 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 P.C. Resolution 2007-64 November 13, 2007 - 8 - applicant from the City trust account not later than 30 days after the expiration of the time period stipulated above. 18.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 19.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. 20.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 (other than Tree Nos. 1 and 2) should grow up so that it exceeds sixteen feet in height or the ridgeline of the primary structure, whichever is less, and impairs the documented view, said new foliage shall be considered significant view impairing foliage and shall be trimmed by the foliage owner to match the view shown on the documented photograph. P.C. Resolution 2007-64 November 13, 2007