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PC RES 2009-046 P.C. RESOLUTION NO. 2009-46 A RESOLUTION OF THE PLANNING COMMISSION THE CITY OF RANCHO PALOS VERS APPROVING VIE RLSTORATION PERMIT NO. 2007-00033 TO TRIM AND/OR REMOVE FOLIAGE LOCATED AT 3141 DELUNA DRIVE. WHEREAS, on September 18, 2009, Mr. Michael Azma and Mr. Francesco Funiciello, owners of property located at 3311 and 3257 Starline Drive, respectively, (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. & Mrs. Hajduczek at 3141 Deluna Drive, (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 September 21, 2009 and published in the Palos Verdes Peninsula /Nevus on September 24, 2009; and, WHEREAS, on October 27, 2009, 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 Applicants at 3311 and 3257 Starline Drive have a view of the Mountains (Santa Ana Mountains), City lights, Los Angeles Harbor, Vincent Thomas Bridge, Ocean (San Pedro Bay) and Catalina Island. Section 2: The Applicant's viewing area at 3311 Starline Drive, as defined by Section 17.02.040 of the City's Development Code, is from the living room. The Applicant's viewing area at 3257 Starline Drive, as defined by Section 17.02.040 of the City's Development Code, is from the entry sitting room, living room and master bedroom. Section a The Applicants at 3311 & 3257 Starline Drive have a view that is significantly impaired by eleven (11) trees located at 3141 Deluna Drive. Section 4., On August 17, 2007, the applicants Mr. Azma at 3311 Starline Drive and Mr. Funiciello at 3257 Starline Drive submitted a Notice of Intent to File for View Restoration Permit Application No. 2007-00033, which requested a pre-application meeting with Mr. Hajduczek, owner of foliage located 3141 Deluna Drive. The foliage owner opted not to meet with the applicants at a group mediation meeting, rather the foliage owner elected to meet with Staff and the View Mediator instead. In September 2007, Staff and the View Restoration Mediator met with Mr. Hajduczek to discuss the matter of view impairment in an effort to work out a mutually acceptable agreement with the applicants. Although no immediate agreement emerged from the discussion with Mr. Hajduczek, Staff and the Mediator felt that the foliage owner was conceptually receptive to tree trimming and/ or tree removal suggestions. Subsequent to that P.C. Resolution 2009-46 meeting, the mediator facilitated communications between the applicants and foliage owner in hope that the parties would fully agree to have trees trimmed and removed. The mediator continued to work with the parties on the matter and reached an agreement that would allow the issue to be revisited in 2009 in order to give the foliage owner time to eradicate an earlier diagnosed bark beetle infestation for the Canary Island Pine trees. After a year had passed, the applicants and mediator renewed their efforts to reach an agreement with the foliage owner. Unfortunately, the parties could not come to a complete agreement and the applicants decided to file a formal view restoration permit application in September 2009. Therefore, in accordance with Section V (A) of the View Restoration Guidelines, the Applicant has complied with the early neighbor consultation process. Section 5: All of the foliage that Staff is recommending for trimming and/or removal is greater than 16 fleet in height and exceeds the ridgeline of the primary structure and significantly impairs the view from the Applicants' viewing areas. Section 6: The Foliage Owner's property at 3141 Deluna Drive is located less than 1,000 feet from the Applicants' properties at 3311 & 3257 Starline Drive. Section 7e The Applicants' lots (lots 52 and 53 of Tract map No. 20690) were created in August 1958 by Tract map No. 20690. The Foliage Owner's lot (lot 2 of Tract map. 20622) was created in July 1958 by Tract map No. 20622. The engineer's grading report dated June 17, 1959 for Lot 2 of Tract map. 20622 indicates that the Foliage Owner's lot was "stripped of vegetation" as part of a mass excavation and compacted fill operation. Thus, the Foliage Owner's view impairing trees were planted after the Applicant's lots were legally created in 1958. Therefore, the subject trees on the Foliage Owner's property could not have impaired the Applicant's views when the Applicant's lots were created. Section 84 Removal or trimming the foliage will not cause an unreasonable infringement on the privacy of the foliage owner in that the portions of the trees impairing the view do not currently provide privacy to the foliage owner's residence. As such, removal and/or trimming of the trees will not cause unreasonable infringement of the privacy of the Foliage Owner. Section 9e The subject properties are not located in the miraleste Recreation and Park District. Section 10® Trimming and/or removal of the subject trees as identified in the attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the Applicants' view. Section 11: Pursuant to Section 15304 of the California Code of Regulations, the proposed project is categorically exempt under Class 4 of the California Environmental Quality Act because the actions required to restore the applicants' view do not include the removal of scenic and mature trees as identified by the City of Rancho Palos Verdes General Plan. Section 12® 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 3141 Deluna Drive in order to restore the view at 3311 & 3257 Starline Drive, as provided in and subject to, the conditions outlined in the attached Exhibit "A", which is incorporated herein by this reference. P.C. Resolution 2009-46 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 17.02.040 (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. 2007-00033 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 27th day of October 2009. AYES: Commissioners Knight, Perestam, Ruttenberg, Tetrault, Tomblin, Vice Chairman Gerstner, Chairman Lewis NOES: None ABSTENTIONS: None ABSENT: None RECUSALS: None 'X /- Le i �� C airm Joel Rojas Director of Planning, Building & Code Enforcement P.C. Resolution 2009- 46 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2007-00033 1. Canary Bland Pine tree (labeled Tree No. 1): Remove the tree and replace with one 24-inch box size tree. Removal of tree shall be performed in accordance to Section VI(A)(4) of the View Restoration Permit Guidelines and Procedures. If the replanted tree grows to impair the applicants' view, the tree shall be subject to View Preservation Permit action according to Section Vill of the View Restoration Permit Guidelines and Procedures. 2. Canary Island Pine tree (labeled Tree No. 2). Remove the tree and replace with one 24-inch box size tree. Removal of tree shall be performed in accordance to Section VI(A)(4) of the View Restoration Permit Guidelines and Procedures. If the replanted tree grows to impair the applicants' view, the tree shall be subject to View Preservation Permit action according to Section Vlll of the View Restoration Permit Guidelines and Procedures. 3. Italian Stone Pine tree (labeled Tree No. )d As shown by the dashed red line in Exhibit B, reduce the tree crown 3 feet and raise the crown of the tree by removing foliage to the yellow dashed line shown in Exhibit B, as observed from the property at 3257 Starline Drive. The initial tree trimming shall occur during the cooler months of the year (November-March). 4. Italian Stone Pine tree (labeled Free No. 4)- As shown by the dashed red line in Exhibit B, reduce the tree crown 3 feet and raise the crown of the tree by removing foliage to the yellow dashed line shown in Exhibit B and removing the selective branches shown in Exhibit B, as observed from the property at 3257 Starline Drive. The initial tree trimming shall occur during the cooler months of the year (November- March). 5. Monterey Pine tree(labeled Tree No. 5)e Remove the tree and replace with one 24-inch box size tree. Removal of tree shall be performed in accordance to Section VI(A)(4) of the View Restoration Permit Guidelines and Procedures. If the replanted tree grows to impair the applicants' view, the tree shall be subject to View Preservation Permit action according to Section VIII of the View Restoration Permit Guidelines and Procedures. 6. Queen Palm tree (labeled Tree No. 6). P.C. Resolution 2009-46 Remove the lower Palm fronds of the tree. Subsequent to the trimming of said foliage, the tree shall be maintained annually. 7. Fan Palm tree (labeled Tree No. 7)e Remove the dead fronds and the lower Palm fronds. 8. Fan Palm tree (labeled Tree No. 8): Remove the dead fronds and the louver Palm fronds. 9. Fan Palin tree (labeled Tree No® 9)s Remove the dead fronds and the louver Palm fronds. 10. Pepper trees (labeled Tree No. 10 and 11): Reduce the crowns approximately 5 feet to the dashed red line as shown in Exhibit B. 11. Upon completion of Condition Nos. 1-10, if additional foliage on the subject property is found to be significantly impairing the view from the determined viewing areas, then the offending foliage shall be trimmed so as not to significantly impair the view from the Applicants' properties and the Applicants shall be responsible for the additional trimming costs. 12. 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 beginning one year after the initial trimming of the foliage is completed and verified by Staff. 13. If any tree that is ordered to be 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 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. 14. 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. P.C. Resolution 2009-46 15. The Foliage Owner shall select a contractor from the estimate(s) provided by the Applicants 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 choose to do the required work themselves (instead of by 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 Applicant. 16. 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 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. 17. The Applicants may withdraw the view restoration request and the trust account funds if the Applicant does so within five ( ) 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 are not required to perform the work specified by this Permit and this Permit is of no further force and effect. 18. 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 Applicants' properties 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 Owners' expense. In the event that the City is required to perform the work at the Foliage Owners' 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. 19. Upon completion of the work, the Foliage Owners 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 Owners not later than 30 clays after receipt of the appropriate billing as verified by City Staff. If the paid invoice submitted by the Foliage Owners is for an amount less than the funds in the City's trust account, the Foliage Owners 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 Owners is for an amount that exceeds the funds in the City's trust account, the Foliage Owners shall only receive the funds from the City trust account and the Foliage Owners shall be responsible for paying the difference 20. 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 P.C. Resolution 2009-46 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 Owners' property if the invoice is not paid. 21.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 new foliage not subject to this View Restoration Permit or not addressed pursuant to Condition No. 11 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. P.C. Resolution 2009-46