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PC RES 2012-006 P.C. RESOLUTION NO. 2012-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 2010-00010 TO TRIM OR REMOVE FOLIAGE AT 3326 DELUNA DRIVE WHEREAS, on September 21, 2011, Mr. Nick Papadakis, Mr. David Zar, and Mrs. Gayle Goodwin, owners of properties located at 3228 Parkhurst Drive and 30639 & 30638 Lucania 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 1) Jonathan Towner, George Towner, and Katherine Enna, 3302 Deluna Drive, 2) Joel and Lila Gober, 3326 Deluna Drive, 3) Steve Arnold, 3351 Deluna Drive, 4) Vito and Valerie Russo, 30619 Lucania Drive, and 5) John and Lynn Solaro, 30611 Lucania Drive (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 Palos Verdes Peninsula News and was mailed to the applicants and the foliage owners originally on November 7, 2011; and, WHEREAS, on December 13, 2011, the Commission held a duly noticed public hearing to consider the request, at which time, the item was continued to February 14, 2012 to allow one the applicants (Mr. Papadakis) and at least one of the foliage owners (Mr. Arnold) time to work out a private agreement and to carry out the agreed tree removal and trimming work on the Arnold property; and, WHEREAS, on February 14, 2012, the Commission held a duly noticed public hearing to consider the request, at which time, the item was continued to March 13, 2012 to allow additional time for one the applicants (Mr. Papadakis) and two of the foliage owners (Mr. Russo and Mr. Solaro) to carry out agreed, volunteer tree trimming work; and, WHEREAS, on or approximately on February 28, 2012, Staff verified that the subject trees at 3351 Deluna Drive (Arnold), 30619 Lucania Drive (Russo) and 30611 Lucania Drive (Solaro) had been trimmed and/or removed voluntarily so as not to significantly impair the Papadakis view; and, WHEREAS, on March 13, 2012, after all eligible voting members of the Planning Commission had visited the applicant's properties, 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, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: P.C. Resolution 2012-06 1 of 7 Section t The applicants have a view, as defined by Section 17.02.040 of the City's Development Code, of the Ocean and "offshore" islands, i.e., Santa Barbara Island and Catalina Island. Section 2: From 30638 Lucania Drive (Goodwin) the established viewing areas are taken from the living room, family room, bedroom, and from a patio. The viewing area taken from 30639 Lucania Drive (Zar) is taken in the living room and patio area. All areas of the residence contain the same view of the ocean and Catalina Island. Section 3: The applicant, Mrs. Gayle Goodwin at 30638 Lucania Drive, submitted proof of contact with the foliage owners at 3302 Deluna Drive (Towner) and participated in mediation meetings. Mr. Zar at 30639 Lucania Drive provided proof that that he had also consulted with the foliage owners subject to this permit request. The City requested that the foliage owners at 3326 Deluna Drive (Gober) attend a mediation meeting with the applicants, but the foliage owners (Gober) waived mediation. Therefore, since the applicants have provided proof that they consulted with the foliage owners and have attended or made an attempt to attend mediation meetings, the Planning Commission therefore determines that the applicants complied with the early neighbor consultation process. Section 4: The subject Pine trees (Tree Nos. 5 and 6) exceed 16 feet in heights or exceed the ridgeline height level of the foliage owner's residence located at 3326 Deluna Drive and significantly impair the ocean and Catalina Island views from the viewing areas at 30638 Lucania Drive and 30639 Lucania Drive. The Elm tree (Tree No. 3) located at 3302 Deluna Drive exceeds 16 feet in height and exceeds the ridgeline height level of the foliage owner's residence and significantly impairs the ocean view from the viewing areas at 30638 Lucania Drive. Section 5: The foliage owners' properties at 3326 Deluna Drive (Gober) and 3302 Deluna Drive (Towner) are located within 1000 feet of the applicants' properties at 30639 and 30638 Lucania Drive. Section, 6: The applicants' properties are Lot No. 50 (Zar) & Lot No. 8 of Tract Map 25839 (Goodwin). The Zar and Goodwin properties became legally created lots by recordation of Tract Map 25839 by Los Angeles County on May 17, 1961. The foliage owners' lots at 3326 Deluna Drive (Gober) and 3302 Deluna Drive (Towner), known as lot Nos. 42 &46 of Tract Map 26140, were created in January 12, 1961. In a report to the Department of County Engineer dated February 28, 1961, the tract engineer certified that the lots within Tract Map 26140 were grading in accord with the County's grading codes and techniques, which included soil fill and compaction to manufacture slopes and building pads. Specifically, certain lots were stripped of all vegetation and scarified to prepare for soil fill and compaction. The foliage owners' lots were two of the many lots in the tract where all vegetation, which likely consisted of grasses and weeds, was removed from the lots. P.C. Resolution 2012-06 2 of 7 Since the County's grading reports certify that all vegetation, if any existed at that time, was removed from the subject lot in February 1961, then the subject Elm and Aleppo Pine trees could not have existed as view-impairing trees three months later when the applicants' lots were created in May 1961. As such, the foliage significantly impairing the view on the foliage owners' proprieties property did not exist, as view impairing vegetation, when the applicants' lots at 30638 Lucania Drive and 30639 Lucania Drive were created. Section 7: The trimming or removal of the subject Elm tree and Pine trees will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located because the portion of the foliage that is to be trimmed does not provide effective privacy screening on the foliage owners' proprieties. Therefore, trimming the subject foliage at or above the foliage owners' rooflines will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located. Section 8: The subject properties are not located within the Miraleste Recreation and Park District. Section 9: 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 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 applicants' views do 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 trimming and/or removal of two (2) Pine trees at 3326 Deluna Drive and the trimming of one (1) Elm tree located at 3302 Deluna Drive, in order to restore the views from 30639 and 30638 Lucania Drive, as provided in, and subject to, the conditions outlined in the attached Exhibit"A". 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 17.02.040 (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. 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. 2010-00010 subject to the P.C. Resolution 2012-06 3 of 7 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 March 2012. AYES: Commissioners Gerstner, Leon, Lewis, Nelson, Tomblin, Vice Chairman Emenhiser NOES: Chairman Tetreault ABSTENTIONS: None ABSENT: None RECUSALS: None t1Udpr � Paul Te reault Chairman Joel Roj- Directo- of omm ' Development P.C. Resolution 2012- 06 4 of 7 EXHIBIT"A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2010-00010 1. Front yard Aleppo Pine tree at 3326 Deluna Drive (labeled Tree No. 5): Reduce crown to restore the view based on the height level indicated in the Zar site visit photo attached to the March 27, 2012 Staff Memorandum. Should the tree survive such trimming, maintenance trimming shall occur on an annual basis. Or with the consent of the foliage owner Remove Aleppo Pine tree and replace with one (1) 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. 2. Rear yard Aleppo Pine tree at 3326 Deluna Drive (labeled Tree No. 6): Reduce crown to restore the view based on the height level indicated in the Zar site visit photo attached to the March 27, 2012 Staff Memorandum. Should the tree survive such trimming, maintenance trimming shall occur on an annual basis. Or with the consent of the foliage owner Remove Aleppo Pine tree and replace with one (1) 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. 3. Rear yard Elm tree at 3302 Deluna Drive (labeled Tree No. 3): Reduce crown to restore the view based on the height level indicated in the Goodwin site visit photos attached to the March 27, 2012 Staff Memorandum. Said trimming shall occur on an annual basis. 4. The city arborist determined that trimming the trees subject to condition of approval nos. 1 and 2 will in all probability cause the trees to die, therefore if 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 applicant will not be responsible for providing replacement trees or shrubs to the foliage owner. Should the trees die as a result of the trimming, they are subject to removal at the foliage owner's expense pursuant to Section 8.24.060 (property maintenance) of the Rancho Palos Verdes Municipal Code. P.C. Resolution 2012-06 5 of 7 5. 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 to 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. 6. The foliage owners 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 owners 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 applicant. 7. 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. 8. 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. 9. The foliage owners shall, no later than 90 days after the Notice of Approval (First Notice by the City that applicant has satisfactory complied with all requirements) 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. P.C. Resolution 2012-06 6 of 7 10.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 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 11.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 applicants' 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. 12.Subsequent to the trimming or removal of the foliage, the restored view from the applicants' properties shall be documented by Staff. The photographic documentation shall be kept on file at the Community Development 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 on the foliage owners' properties 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 2012-06 7 of 7