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PC RES 2008-013 P.C. RESOLUTION NO. 2008-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 2006-00007 TO TRIM OR REMOVE FOLIAGE AT 3067, 3069, AND 3071 CREST ROAD. WHEREAS, on September 11, 2007, Mr. and Mrs. Roza, owners of property located at 3102 Corinna Drive, Mr. and Mrs. Peterson, owners of the property located at 3103 Dainora Drive, Mr. and Mrs. Beazeli, owners of property located at 3109 Dianora Drive, Mr. and Mrs. Shepherd, owners of property located at 3117 Dianora Drive, Mr. Hossein Sahabi, property owners at 3125 Dianora Drive, Mr. and Mrs. Hillinger, property owner at 3131 Dianora Drive & Mr. and Mrs. Hanlon-Keller, owners of the property located at 3139 Dianora 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 their property that is significantly impaired by foliage owned by Mr. and Mrs. Liehr at 3067 Crest Road, Dr. and Mrs. Wyman at 3069 Crest Road, and Mr. and Mrs. O'Melveny at 3071 Crest Road (herein "the foliage owners"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, notice of the Planning Commission ("Commission") hearing was published in the was published in the Palos Verdes Peninsula News and was mailed to the Applicants and the foliage owners originally on September 20, 2007 and again on November 7, 2007 to include the properties located at 3069 and 3071 Crest Road; and, WHEREAS, on October 23, 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 December 11, 2007 to allow Staff and the City Arborist to provide addition information; and, WHEREAS, on November 9, 2007, City Staff met with the foliage owners at 3067 Crest Road and verified that they had voluntarily removed a view impairing Canary Island Pine tree (Tree No. 3) and a view impairing Aleppo Pine tree (Tree No. 12); and, WHEREAS, on December 11, 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, the public hearing was closed and item was continued to February 12, 2008 to allow Staff, City Attorney and the City Arborist to provide addition information; and, WHEREAS, on February 12, 2008, Staff informed the Commission that the procedural rules following the closing of the public hearing on the matter on December 1045172-1 I P.C. Resolution 2008-13 April 8, 2008 11, 2007, did not allow for further public comment on the matter or new information could not be heard without re-noticing the public hearing; and, WHEREAS, a re-notice of the Planning Commission ("Commission") hearing for March 25, 2008 was published in the Palos Verdes Peninsula News on February 16, 2008, so as to allow the Planning Commission to consider for further public comment and new information; and, WHEREAS, on March 25, 2008, 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; and, WHEREAS, Commissioners Perestarn and Ruttenberg each recused themselves from participating in this case due to a conflict of interest, 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 3102 Corinna Drive & 3103, 3109, 3117, 3125, 3131, and 3139 Dianora Drive have a view, as defined by Section 17.02.040 of the City's Development Code, of the Los Angeles basin, Los Angeles harbor, and Ocean. Section 2: The Applicant's viewing area at 3109 Dianora Drive, as defined by Section 17.02.040 of the City's Development Code, is from the dining room. The Applicant's viewing area at 3117 Dianora Drive, as defined by Section 17.02.040 of the City's Development Code, is from the living room. The Applicants' viewing area at 3125 & 3139 Dianora Drive, as defined by Section 17.02.040 of the City's Development Code, is from the dining room and master bedroom. From 3131 Dianora Drive the view is taken from both the living room and dining room. In addition, each property has an outdoor patio view. From 3102 Corinna Drive and 3103 Dianora Drive, the view is taken from the living room. Section 3: The Applicants at 3102 Corinna Drive & 3103, 3109, 3117, 3125, and 3139 Dianora Drive have a view that is significantly impaired by twenty (20) trees and one shrub located at 3067 Crest Road, seven (7) trees located at 3069 Crest Road, and thirteen (13) trees located at 3071 Crest Road. Section 4: Since May 12, 2006, the foliage owners attended meetings with the City's View Restoration Mediator and City Staff. After more than a year of negotiation, the Applicants informed the City that a private agreement could not be reached with the foliage owner at 3067 Crest Road. Since a private agreement was not finalized with the property owners at 3069 and 3071 Crest Road, the Applicants decided to include the property owners at 3069 and 3071 Crest Road as part of the application request. Since the Applicants and the foliage owners did not resolve the matter privately, the 1045172-1 2 P.C. Resolution 2008-13 April 8, 2008 Applicants were released to formally file the View Restoration application request. Therefore, in accordance with Section V (A) of the View Restoration Guidelines, the Applicants complied with the early neighbor consultation process. Section : Based on evidence presented to the Commission, the Commission hereby finds that the subject trees located at 3067, 3069 and 3071 Crest Road significantly impair the Applicants' view. All of the aforementioned foliage recommended by Staff to be trimmed or removed exceeds 16 feet in height or exceeds the ridgeline height level of each of the foliage owners' residences located on their respective parcels and significantly impairs the view from the Applicants' viewing areas. Section a The foliage owners' properties at 3067, 3069 and 3071 Crest Road are located within 1000 feet of the Applicants' properties at 3102 Corinna Drive and 3103, 3109, 3117, 3125, 3131, & 3139 Dianora Drive. Section 7: The Applicants' lots, within Tract No. 25839 were created in May 1961, when the final subdivision map was recorded. The foliage owner's property at 3067 Crest Road (Liehr) was created in its current lot configuration when a deed was recorded in August 1962. At the time the Applicants' lots were created in 1961, the foliage owner's lot at 3067 Crest Road (Liehr) was part of a larger undeveloped lot. The foliage owners' lots at 3069 and 3071 Crest Road (Wyman and O'Melveny, respectively) were created in the mid-1960s from the aforementioned larger lot. As shown in the 1962 oblique aerial photo (Exhibit G, of the October 23, 2007 Staff Report), there are trees of medium-size growth along the westerly and northerly property lines of the property at 3067 Crest Road, which are the three Eucalyptus trees identified in the Staff Report as Tree nos. 19, 20, and 21, and these Eucalyptus trees were at heights of 33 to 44 feet, which would have impaired the Applicants' viewing areas to varying degrees in 1961 when their lots were created. Also, the 1962 oblique aerial photo indicates that at the approximate time the Applicants' lots were created (in 1961), no trees existed on the northerly and westerly portions of the then larger lot, which are now the properties located at 3069 and 3071 Crest Road (Wyman and O' elveny, respectively). Based on a careful examination of aerial photographs taken from 1945 to 1962, the Planning Commission finds that other than trees 19, 20 and 21, the other trees that are subject to this application (Trees 1-18 and 22-49) were not mature, view-impairing trees in 1961 when the applicants' lots were created and, therefore, are subject to the provisions of the View Restoration Ordinance. The Planning Commission hereby finds that no action is ordered with respect to Trees Nos. 31-34 and Tree No. 46, because they are not currently significantly impairing a view from the applicants' properties. Section A The recommended trimming or removal of the subject trees will not cause an unreasonable infringement of the privacy of the occupants of the property 1045172-1 3 P.C. Resolution 2008-13 April 8, 2008 upon which the foliage is located because the portion of the foliage that impairs the view is at a higher elevation than the foliage owners' rooflines. Therefore, trimming or removal of the subject foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located. Section 9: For properties located within the boundaries of the Miraleste Recreation & Park district, the Committee shall also find that removal or trimming of the foliage strikes a reasonable balance between meeting the purposes of section 17.02.040 set forth in Section 1 of the Ordinance approved by the voters on November 7, 1989, and preserving the historical development of the Miraleste Recreation & Park District area with large numbers of trees. The subject properties are not located within the Miraleste Recreation and Park District. Section 10: Trimming and/or removing the subject trees, as identified in the attached Conditions of Approval (Exhibit "A"), which are attached hereto and incorporated herein by this reference, is necessary in order to restore the applicants' view. Section 11: 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 applicants' 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 12: The Planning Commission hereby rejects the legal arguments advanced by the foliage owners that this application is barred by the statutes of limitations set forth in the California Code of Civil Procedure because statutes of limitation apply to the filing of lawsuits in court, not to the City's administrative view restoration process. The Planning Commission also rejects the arguments that this application is barred by the equitable doctrines of laches, estoppel, unclean hands or by the doctrine of implied agreement, which are defenses that typically are asserted in lawsuits. The City's View Restoration Ordinance, which was adopted by the City's voters, implements an important public policy of preserving views in the City, which should not be undermined by the doctrine of estoppel. The doctrine of laches also should not be applied to bar this administrative proceeding because the status quo has not been altered during the time prior to the filing of this application to the detriment of the foliage owners, whose foliage has remained on their properties and continued to grow. Thus, the status quo has not been altered by the fact that the applicants did not previously file an application with the City. The Ordinance allows a property owner to file an application to restore his or her view in accordance with the City's procedures at any time following the adoption of the Ordinance and does not establish a time limit for a property owner to do so. Accordingly, the fact that a property owner did not previously file an application with the City to restore a view does not imply that: (1) the property owner has agreed that his or her view never should be restored; (2) the property owner cannot avail himself or herself of the City's administrative process, or (3) the property 1045172-1 4 P.C. Resolution 2008-13 April 8, 2008 owner has acted in bad faith. For all of these reasons, the Planning Commission finds that the legal arguments advanced by the foliage owners are unavailing. Section 13: used 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 3067 Crest Road in order to restore the view at 3102 Corinna Drive and 3103, 3109, 3117, 3125, 3131, & 3139 Dianora Drive, as provided in, and subject to, the conditions outlined in the attached Exhibit "A". USK= 14: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.02.040 (C)(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. jection 16; 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. 2006-00007 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 8th day of April 2008. AYES: Commissioners Lewis, Knight, and Gerstner NOES: commissioner Tetreault ABSTENTIONS: Commissioner Tomblin ABSENT: RECUSALS: Chairman Perestam and Commissi, er ttenberg Stephen Perestarn Chairman Joel,(,Roj s Dire or f Planni B j uildin 8& Code Enforcement 1045172-1 5 P.C. Resolution 2008-13 April 8, 2008 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2006-00007 1. Olive tree (labeled Tree No. 1): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 2. Pine tree (labeled Tree No. 2): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis during the cooler months of the year, November-March. Or Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 3. Brachyton (labeled Tree No.4): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the trees. Tree removal shall include stump flush cutting to existing grade. 4. Myaporurn (labeled Tree No. 5): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or 1045172-1 6 P.C. Resolution 2008-13 April 8, 2008 Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 5. Yucca tree (labeled Tree No. 6): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the tree. Tree removal shall include stump flush cuffing to existing grade. 6. Rubber trees (labeled Tree No. 7 and 8): Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the trees. Tree removal shall include stump flush cutting to existing grade. 7. Bird of Paradise (labeled Tree No. 9) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 8. Cedar tree (labeled Tree No. 10) Remove the dying tree without a replacement tree. 9. Aleppo Pine trees (labeled Tree Nos. 11 &13) Remove two (2) Aleppo Pine trees and replace with two (2) 24-inch box size trees. Tree removal shall include stump flush cutting to existing grade. 1045172-1 7 P.C. Resolution 2008-13 April 8, 2008 10.Canary Island Pine trees (labeled 'free Nos. 14-15) Raise crown and heavily lace remaining portion of trees during the cooler months of the year, November-March. The crown raising height level shall be based on the height level shown on site visit photo taken from the Peterson view (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove trees and replace with two (2) 24-inch box size trees. Tree removal shall include stump flush cutting to existing grade. 11.Eucalyptus trees (labeled Tree Nos. 1 -17) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the trees. Tree removal shall include stump flush cutting to existing grade. 12.locust trees (labeled tree No. 1 ) Reduce trees so as not to exceed 6 feet in height. Said trimming shall occur on a semi-annual basis. Or Option: Remove the trees. Tree removal shall include stump flush cutting to existing grade. 13.Eucalyptus tree (labeled Tree No. ) Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 14.Eucalyptus tree (labeled Tree No. 3) 1045172-1 8 P.C. Resolution 2008-13 April 8, 2008 Reduce crown to restore the view based on the height level indicated in the Roza site visit photo dated February 6, 2008 (Attached to February 12, 2008 Staff Report). Said trimming shall occur on an annual basis. Or Option: Remove the tree. Tree removal shall include stump flush cutting to existing grade. 15.Pine tree (labeled Tree No. 24) Reduce 1/3 of the tree crown and shape during the cooler months of the year, November-February. Said trimming shall occur on an annual basis. Or Option: Remove the tree and replace with one 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade. 16.Fine tree (labeled Tree Nos. 5) Heavily thin and selectively remove branches pursuant to the City Arborist's recommendation to remove lateral branches that are '/ to 2/3 the size of the parent branch or all the way back to the stem. Said trimming shall occur during the cooler months (November to February) of the year and on an annual basis. 17.Pine trees (labeled Tree Nos. 26 and 7) For the purposes of beetle eradication, defer trimming up to one year after the initial trimming or removal occurs for Tree Nos. 24 and 25. Upon the anniversary of said trimming, Tree Nos. 26 and 27 shall be heavily thinned and selective branches shall be remove pursuant to the City Arborist's recommendation to remove lateral branches that are Y2 to 2/3 the size of the parent branch or all the way back to the stem. Said trimming shall occur during the cooler months of the year (November to February) and on an annual basis. 18.Eucalyptus trees (labeled Tree Nos. 28-30) Remove trees and replace with three (3) 24-inch box size trees. Tree removal shall include stump flush cutting to existing grade. 19.Eucalyptus tree (labeled Tree No. ) 1045172-1 9 P.C. Resolution 2008-13 April 8, 2008 Remove tree and replace with one 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade. 20.Ash tree (labeled Tree No. 37) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report), which is approximately 10-15 feet. Said trimming shall occur on an annual basis. 21.Pine tree (labeled Tree No. 38) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur during the cooler months of the year (November to February) and on an annual basis. 22.Sweet Shade tree (labeled Tree No. 39) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur on an annual basis. 23.Jacaranda tree (labeled Tree No® 4 ) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur on an annual basis. 24.Pine tree (labeled Tree o® 41) Reduce crown and shape to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur during the cooler months of the year, November-February. Said trimming shall occur on an annual basis. 25.Cedar tree (labeled Tree No. 42) Heavily thin tree. Said trimming shall occur during the cooler months of the year, November-February. Said trimming shall occur on an annual basis. 26.Causuarina tree (labeled Tree Nos. 44) Reduce crown to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff 1045172-1 10 P.C. Resolution 2008-13 April 8, 2008 Report). Said trimming shall occur during the cooler months of the year, November-February. Said trimming shall occur on an annual basis. 27.Causuarina trees (labeled Tree Nos. 43 & 45) If found to impair the Peterson view, reduce crowns to restore the view no lower than the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur during the cooler months of the year, November-February. Said trimming shall occur on an annual basis. 28.Redwood trees (labeled Tree Nos. 47& 48) Heavily thin tree Nos. 47 and 48. The initial trimming shall occur during the cooler months of the year, November-February. Should additional pruning be needed in order to preserve the view after the initial thinning is preformed, said pruning shall occur every 3 years. 29.Pine tree (labeled Tree No. 49) Reduce crown and shape to restore the view based on the height level indicated in the Peterson site visit photo (Attachment 3 of the December 11, 2007 Staff Report). Said trimming shall occur during the cooler months of the year, November- February. Said trimming shall occur on an annual basis. Or Remove tree and replace with one 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade. 30.Upon completion of said tree trimming and removal, if additional trees (trees other than Tree Nos. 1-49) on the subject properties are found to be impairing the view, than the view impairing foliage shall be trimmed to a height as not to impair the view from the applicants' properties and the applicants shall be responsible for the additional trimming costs. 31.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. 32.If any tree or shrub that is ordered to be culled, laced, or 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 owner and for 1045172-1 11 P.C. Resolution 2008-13 April 8, 2008 the removal of the dead tree or shrub, which shall include stump flush cutting, if feasible, to or as close to existing grade as possible. 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 culling, lacing, or trimming said tree or shrub will in all probability cause the tree or shrub to die, and the foliage owner 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 owner. The replacement foliage shall be provided in accordance with the specifications described in section WE (Commission Action) of these Guidelines. If the work is performed by the foliage owner himself or herself (instead of a licensed landscape or licensed tree service), 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. 33.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 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 to 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. 34.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 himself or herself (instead of a licensed landscape or licensed tree service), then the foliage owner shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicants. 35.The applicants 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 3 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. 36.The applicants may withdraw the view restoration request and the trust account funds if the applicant does so within five ( ) days after the applicants send the estimate required herein. In the event that the applicants withdraw the request in 1045172-1 12 P.C. Resolution 2008-13 April 8, 2008 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. 37.The foliage owner shall, no later than 90 days after the Notice of Approval (First Notice by the City that applicants have satisfactory complied with all requirements of Condition of Approval No. 33) 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 applicant from the City trust account not later than 30 days after the expiration of the time period stipulated above. 38.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 39.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. 40.Subsequent to the trimming or removal of the foliage, the restored view from each applicant's property 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 1045172-1 13 P.C. Resolution 2008-13 April 8, 2008 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 by the foliage owner to match the view shown on the documented photograph. 1045172-1 14 P.C. Resolution 2008-13 April 8, 2008 Exhibit D — Tree Trimming Levels Tree No. 15 "ors, Free No. 19 'Free No. 20 (No Action) (No Action) Tree , Tree No.42 No. 14 Tree No. 24 • 44 Tree I � O'Melveny \ l' Wyman No. 10 ��� -� Cedar Aleppo Pine . ___4 loakolio,ivi,w-t.: � � Tree�. TreeTree i o. 36 "` .,« No. 7 Tree Tree No. 47 A O'Melven}' - , ' ,. No. 5 O'Melveny � No. 1 ktt1C"al ails y4 M + "" ' ` '.-,-.. . , Redwood(1) \ : I� :� '` ( ►;vv ,i .4, . 4 4• , j G a �4 r *NF ..� ...•A_ �Ir_ 'Re �. _r_.•--'w�_' r j� ,,, a ..d7 ' "s'F g T, � Ms` r , +y �—`"�. Z rte a < ", . te ft r .�P"•' } ,,.. ,. d 4 w�"S a'.. i p�.. _ r 10,- '71.' t r ice: ,i.:,,,-.�1F �j kts4,,,, : V 1,11, �� • w., Y "• 2: 4 • y •` La ,,:-�h "' f.,t,P „ e 3�''ti.'•.�r.i„,-k ,a sic A. -F'. .."`.3L f t�', *'ql "" .rv..... .;-, . 4.64- .. �, r y � 4 > L. ' - . -.4 ", ,' 'if,* '.-. "l'.,,,, iiii ,j,....„ i . , 4,,, -,ttj,ixa,,A.; .,-::, .. ,,,,,_ , . 4.,9rø t` ' 7-1:-;:',,,, . ,4, ,,, . d * ,,rc �f. 4 *"�71,p•y , kt },,—'r Tripf Trees) � - � ��'`' Tree • ;a t Tree 4 - F i, e . , r ' ;'1. : = No. 23 dl! „lei tit% 4. l', ,,--5,..fr'..7*,..i./ „'. , ' 4,0k. yyyFFF I+. , ,,,,, ,, From the viewing area at 3103 Dianora Drive- Peterson Roza site visit photo dated Januar 6, 200 s -- Tree No. 31 ,� Tree No. 10 Wyman Redwoods - Tree . �,-- (cedar) No. Canary Isla Tree No. 24 Tree No. 32-34 Tree No. 11 Tree No. 15 (now Wyman Wyman Redwoods (Aleppo) exposed as Tree free Aleppo Pine a no. has been ` Tree No• 7 __. removed) No. 8 ,, 1 1't' l No. 1 ,., 1 yrc_ ., \ \, It,. , p ..° r 4 ,,,,,f 4 .. I f,''' ti ` ree trimming n v _. fight level % a _ %}- Tree . Tree f. No. 5 f, F ' - . w. -'r - Tree No. 4 � ,, ,,,. ., � # Tree No. 6 ,. t No. 2 — ,iih. . ft/04 '. ....orlo. ,,,,, .� \ Tree o• 22 4 - 111, .,. ......„..,,..,..., ,...i, Iii - _ ...74 ,-, - Tree No. 23 -1,----__re ii.,,A, . , ../, ____ ______ _ .2, . . . ........ ......._, _ . ,..---- • . , ......„,. ..... , ,, \ . , • 4„ . From the viewing area at 3102 Corinna Drive- Roza View Restoration Permit Guidelines and Procedures September 19, 2006 owner will be billed for all City expenses incurred in enforcing the View Restoration order. If the foliage owner does not pay the invoice, a lien or assessment may be recorded against the foliage owner's property, pursuant to Title 8, Chapter 24 of the Rancho Palos Verdes Municipal Code. Vill. APPEAL OF COMMISSION DECISION A. A decision of the Commission on a view related permit is appealable to the City Council. After considering the written and oral testimony at the appeal hearing, the City Council may take one of the following actions: 1. Affirm the decision of the Planning Commission and approve the application upon finding that all applicable findings have been correctly made and all provisions of Section 17.02.040(C)(2) of the Municipal Code have been complied with; or 2. Approve the application but impose additional or different conditions as the City Council deems necessary to fulfill the purposes of Section 17.02.040(C)(2); or 3. Disapprove the application upon finding that all applicable findings cannot be made or all provisions of Section 17.02.040(C)(2) have not been complied with; or 4. Refer the matter back to the Planning Commission to conduct further proceedings. The remanded proceedings may include the presentation of significant new evidence which was raised in conjunction with the appeal. The City Council shall state the ground(s) for the remand and shall give instructions to Planning Commission concerning any error found by the City Council in the Commission's prior determination. B. The appeal hearing may be conducted in a room other than the regular City Council chambers (e.g. the Fireside Room at the Hesse Park Community Center). The establishment of specific time allotments for speakers is optional and may be set or waived by the Mayor at the Mayor's discretion. The room may be arranged in a manner that promotes a "round table" discussion among the involved parties. Vill. VIEW PRESERVATION With regard to foliage obstructing a view after the issuance of a View Restoration Permit or upon the effective date of the Ordinance (November 17, 1989), Section 17.02.040(5)(3) of the Municipal Code states: "Foliage Obstruction. No person shall significantly impair a view from a viewing area of a lot: a. By permitting foliage to grow to a height exceeding the height determined by the View Restoration or Planning Commission Page 22 The City of Rancho Palos Verdes, California Page 1 of 1 g.The applicant,the owner of the property where the foliage is located,or any other interested person may appeal the decision of the view restoration commission to the city council by filing with the city clerk a written notice of appeal,including the grounds for the appeal,and any specific action being requested by the appellant,together with the appeal fee established by resolution of the city council,within fifteen calendar days after the view restoration commission adopts the resolution setting forth its decision.The decision of the view restoration commission is final if no appeal is filed within fifteen calendar days.If such an appeal is timely and properly filed,a copy of the findings of the view restoration commission and all materials on file with the director shall be transmitted to the city council,which shall be part of the appeal hearing record,together with the notice of appeal and any other written materials submitted by interested parties.Additional written materials shall be submitted to the city clerk at least seven calendar days prior to the date that the appeal will be heard by the city council. Upon receiving the notice of appeal,the city clerk shall schedule the matter for review at a forthcoming meeting of the city council. At the city council meeting,oral testimony shall be limited to five minutes in length for each of the parties whose properties are affected by the decision and two minutes per person for other individuals.Oral testimony shall be limited to the issues raised in the written appeal.At the conclusion of the oral presentation,the city council may do one of the following: L Affirm the decision of the view restoration commission and approve the application upon finding that all applicable findings have been correctly made and all provisions of subsection(C)(2)of this section are complied with; ii.Approve the application but impose additional or different conditions as the city council deems necessary to fulfill the purposes of subsection(C)(2)of this section; iii.Disapprove the application upon finding that all applicable findings cannot be made or all provisions of subsection(C)(2)of this section have not been complied with;or iv. Refer the matter back to the view restoration commission to conduct further proceedings.The remanded proceedings may include the presentation of significant new evidence which was raised in conjunction with the appeal.The city council shall state the ground(s)for the remand and shall give instructions to the view restoration commission concerning any error found by the city council in the commission's prior determination. http://palosverdes.com/rpv/cityclerk/mun idatabase/detail.cfm?this_title=17&this section=040&thi... 4/9/2008