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PC RES 2009-005 P.C. RESOLUTION NO. 2009-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING THE APPEAL, THEREBY UPHOLDING THE DIRECTOR"S APPROVAL OF VIEW PRESERVATION PERMIT NO. 2008-00036 TO TRIM FOLIAGE LOCATED AT 3461 COOLHEIGHTS DRIVE IN ORDER TO PRESERVE THE VIEW FROM 31021 GANADO DRIVE. WHEREAS, on September 4, 2008, Mrs. Josephine Curtis, owner of the property located at 31021 Ganado Drive (herein "the applicant"), in the City of Rancho Palos Verdes, submitted a Notice of Intent to File a View Preservation application 2008-00036 with associated documents requesting a View Preservation Permit ("Permit") to preserve a view from her property that is significantly impaired by foliage owned by Mr. and Mrs. Fang, at 3461 Coolheights Drive (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, on September 4, 2008, after visiting the applicant's property, City Staff informed the foliage owners in writing of the submitted Notice of Intent to File a View Preservation application and requested that the foliage owners voluntarily trim the view- impairing Pine tree within 30-days of notification; and, WHEREAS, on September 22, 2008, a pre-application meeting was held with the View Mediator, Staff, the applicant and the foliage owners and did not result in a private agreement; and, WHEREAS, on November 5, 2008, Mrs. Josephine Curtis, owner of the property located at 31021 Ganado Drive, filed an application requesting a View Preservation Permit 2008-00036 to preserve a view from her property that is significantly impaired by foliage owned by Mr. and Mrs. Fang, at 3461 Coolheights Drive; and, WHEREAS, on November 25, 2008, the Director of Planning, Building and Code Enforcement approved View Preservation Permit Case No. 2008-00036, which requires that the property owners at 3461 Coolheights Drive reduce the crown of one Pine tree in order to preserve the view taken from the applicant's property at 31021 Ganado Drive; and, WHEREAS, on December 10, 2008, within the 15 day appeal period, the foliage owners at 3461 Coolheights Drive appealed the Director's Notice of Decision for View Preservation Permit Case No. 2008-00036 to the Planning Commission; and, WHEREAS, notice of the Planning Commission ("Commission") hearing was published on January 10, 2009 in the Palos Verdes Peninsula News, and mailed to all interested parties, setting the appeal hearing; and, WHEREAS, on February 10, 2009, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 11- As defined by Section 17.02.040 of the City's Development Code, the applicant at 31021 Ganado Drive has a view of the Ocean and Catalina Island, Section 2: The applicant's viewing area at 31021 Ganado Drive, as defined by Section 17.02.040 of the City's Development Code, is from the living room and kitchen. Section 3: The applicant at 31021 Ganado Drive has a view that is significantly impaired by one Pine tree located at 3461 Coolheights Drive. Section 4: Notwithstanding the applicant's ultimate withdrawal from the mediation process, the applicant did agree to attend a September 22, 2008 mediation meeting even though technically she did not have to. In addition, by entering into the mediation process, the applicant demonstrated to Staff cooperation on her part to resolve the matter. Pursuant to Section VIII(C)(1)(2) of the 2006 View Guidelines, once an applicant submits a "Notice of Intent to File a View Preservation Permit Application", and the City provides notification to a foliage owner of the pending application, the early neighbor consultation process shall be deemed to be terminated provided that the foliage owner fails to voluntarily trim within 30 days of receiving notice from the City. As evidenced in Attachment 6, the applicant submitted the "Notice of Intent to File a View Preservation Permit Application" on September 4, 2008 with all the appropriate supporting documents which included documentation of view photos and correspondence with the foliage owners. On November 5, 2008, well after the 30 day voluntary trimming deadline expired, the applicant elected to file a formal View Preservation Permit application to the City effectively terminating the early neighbor consultation process. Accordingly, the applicant has complied with and met the early neighbor consultation process. Section 5: The subject tree at 3461 Coolheights Drive is greater than 16 feet in height and exceeds the ridgeline of the primary structure and significantly impairs the ocean view from the applicant's viewing area (living room and kitchen). Section 6: The foliage owner's property at 3461 Coolheights Drive abuts the rear yard of the appellant's property at 31021 Ganado Drive. As such, the foliage to be trimmed is located on property, any part of which is less than one thousand (1,000) feet from the applicant's property line. Section 7: As evident in the applicant's view documentation photograph dated in February 2004, the subject Pine tree crown did not exist as view impairing foliage in February 2004. As such, the foliage that is significantly impairing the view did not exist as view impairing vegetation in November 1989 or thereafter (February 2004). Section 8: Trimming the subject foliage to the height level required to preserve the applicant's February 2004 view will not cause an unreasonable infringement on the privacy of the foliage owners. At present, the portion of the Pine tree's canopy that is impairing the view is well above the roofline of the residence and thus removing the view-impairing portion of the tree would not cause an unreasonable Infringement of the privacy of the occupants of the property upon which the foliage is located. &SAM j: Trimming of the subject tree as identified in the attached Conditions of Approval (Exhibit"A"), is necessary In order to restore the applicant's view. §ec!jo,p M. 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 preserve 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. ftgtign 11: 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 of foliage at 3461 Coolheights Drive In order to preserve the view at 31021 Gana4o Drive, as provided in and subject to, the conditions outlined In the attached Exhibit"A". §9_c§gp JR: 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. IgStigg Ila: 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 Preservation Permit Case No. 2008-00036 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 10th day of February 2009, AYES: Commissioners Knight, Ruttenberg, Gerstner, Tomblin, Vice Chairman Lewis, Chairman Perestam NOES: NONE ABSTENTIONS:NONE ASSENT: Commissioner Tetreault RECUSALS: NONE Stephen Perestam Mm Chairman Jt Ro ctor 0 if, lei Plan Bull a Code Enforcement EXHIBIT "A" CONDITIONS OF APPROVAL VIEW PRESERVATION PERMIT NO. 2008-00036 1. Pine tree: Reduce the crown to the height of the dashed line shown in Figures 2b & 2c of the November 25, 2008 Director's Notice of Decision. As advised by the City Arborist, said tree trimming shall occur during the cooler months of the year (November-May). 2. The property owner at 3461 Coolheights Drive 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. 3. 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. 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.