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PC RES 2003-041 P C RESOLUTION NO 2003-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO 153 TO TRIM OR REMOVE FOLIAGE AT 24, 26, & 28 OCEANAIRE DRIVE WHEREAS, on February 19, 2003, Roy and Nancy Goem, owner of property located at 26 Coveview Drive (herein "the applicant'), 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. Jae and Mrs. Tae Park, at 24 Oceanaire Drive, Ms Diane Trudell, at 26 Oceanaire Drive and Ms Kay Bonanno, at 28 Oceanaire 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 owners on August 21, 2003; and, WHEREAS, on September 9, 2003, after all 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 1: The applicant at 26 Coveview Drive has a view, as defined by Section 17 02 040 of the City's Development Code, of the ocean and Catalina Island Section 2: The applicant's viewing area, as defined by Section 17 02 040 of the City's Development Code, is from the living room, dining room, rear yard patio and deck of 26 Coveview Drive Section 3: The applicant has a view that is significantly impaired by five (5) trees at 24 Oceanaire Drive, five (5) trees at 26 Oceanaire Drive and three (3) trees located at 28 Oceanaire Drive. Section 4: The applicant has attempted to resolve the conflict with the foliage owners through meetings and telephone calls Ms Trudell and Ms Bonanno declined the pre-application meeting for this case Mr. Park and the applicant attended the pre- application meeting, however no private agreement was reached Pursuant to the View Restoration Guidelines, the applicant has complied with the early neighbor consultation process. W Mew Restoration\VRP Cases11 51 - 1601153-Goern\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 1 of 7 Section 5: Based on evidence provided by the applicant, the subject trees located at 24, 26, & 28 Oceanaire Drive significantly impair the applicant's view All of the subject foliage exceeds the height of the ridgeline of the primary structure or 16 feet and significantly impairs the view from the applicant's viewing area Section 6: The subject properties are located less than one thousand (1,000) feet from the applicant's property The properties at 24 and 26 Oceanalre Drive abut the applicant's property The property at 28 Oceanaire Drive is approximately 84 feet east of the applicant's property Section 7: The applicant's property, Lot 24 of Tract 24817 and the foliage owners' properties, Lot 1, 2 and 3 of Tract 24817 were created in 1961. According to the grading work order document, dated April 19, 1961, it would appear that the lots were graded in 1961. Standard grading procedures require all vegetation to be stripped and removed Therefore the subject foliage did not exist before the creation of the applicant's lot Section 8: The recommended trimming of the subject trees will not increase the visibility of the foliage owners' residences from the applicant's property The portion of the foliage that impairs the view is well above the foliage owners' rooflines and the subject foliage will not be trimmed below the height of the rooflines Therefore, trimming 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: Trimming, removing or lacing 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 15300 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 (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, removal and/or lacing of foliage at 24, 26, 28 Oceanaire Drive in order to restore the view at 26 Coveview 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 17 202 040 (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 W\View Restoration\VRP Gases\151 - 160\153-Goern\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 2 of 7 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. 153 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 9th day of September 2003. AYES: Commissioners Cote, Tomblin, Cartwright, Lyon, Vice Chairman Mueller NOES: None ABSTENTIONS: Chairman Long ABSENT: Commissioner Duran Reed Planning Commission Chairman UJ ojas or of P ing, g & C e Enforcement WAView Restoration\VRP Cases\1 51 - 160\153-Goern\draft reso.doc P.C. Resolution 2003-41 September 9, 2003 Page 3 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO 153 1. Pittosporum trees (labeled Tree'No. 1) located at 24 Oceanaire Drive Trim the tree crowns down five (5) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower Said trimming shall include shaping 2 Bottlebrush and New Zealand Christmas tree (labeled Tree No. 3 & 4, respectively) located at 26 Oceanaire Drive: Trim the tree crowns down four (4) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower Said trimming shall include shaping 3 Olive tree (labeled Tree No. 5) located at 26 Oceanaire Drive: Trim the tree crown down six (6) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower Said trimming shall include shaping 4 Olive tree (labeled Tree No. 6) located at 26 Oceanaire Drive: Trim the tree crown down seven (7) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping 5 Jacaranda tree (labeled Tree No. 7) located at 26 Oceanaire Drive: Trim the tree crown down approximately five (5) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping 6. Pine tree (labeled Tree No. 8) located at 28 Oceanaire Drive: Remove tree without replacement. Said removal shall include stump grinding to grade 7. Pepper tree (labeled Tree No. 9) located at 28 Oceanaire Drive: Trim tree crown down approximately six (6) feet or to the level of the ridgeline of the Bonanno residence, whichever is lower Said trimming shall include shaping 8 Pine tree (labeled Tree No. 10) located at 28 Oceanaire Drive: W\View Restoration\VRP Cases\1 51 - 160\153-Goern\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 4 of 7 Trim the tree by raising the crown 35 feet above the base of the tree or to the dashed line, which represents the ocean horizon, as shown in the photo (Exhibit C) Said trimming shall occur during the cooler months of the year (Nov - Mar ) 9 Upon completion of said trimming, if additional foliage on the subject properties is found to be impairing the view, than the offending foliage shall be trimmed to a height as not to impair the view from the applicant's property 10 Since the tree levels described in Conditions 1 through 8 are approximates, adjustments to the trimming levels may be made by Staff during the initial trimming to ensure that the applicant's view is restored. Once the trimming is complete, the restored view shall be documented and subsequent growth will be allowed to grow up to one year after the initial trimming 11.The foliage owners 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 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 applicant or any subsequent owner of the applicant's property 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 arbonst 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 applicant 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, 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 selection of the type of replacement foliage shall be made by the foliage owner from an approved list of foliage types provided by the Director of Planning Building and Code Enforcement or approved by the City View Restoration arborist 14 No sooner than one year after the initial trimming is completed, pursuant to Section VI-J of the Guidelines (Commission Action), City Staff shall report to the Commission as to the adequacy of the maintenance schedule, as well as the W Wiew Restoration\VRP Cases11 51 - 1601153-Goern\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 5 of 7 foliage owners' ability to maintain the foliage in compliance with these conditions of approval. The Commission shall consider the Staff report and determine if a public hearing to amend the conditions is necessary If the Commission determines that a Bearing is necessary, then a hearing will be held pursuant to Section VI-J of the View Restoration Guidelines and Procedures 15 The applicant shall, not later than 30 days after approval of this permit, 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. 16 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 owners shall only be reimbursed for the amount of the lowest bid submitted by the applicant If the foliage owners choose to do the required work, then the foliage owners shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicant 17.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 18 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 owners are not required to perform the work specified by this Permit and this Permit is of no further force and effect 19.The foliage owners 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 a view from another 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 W\View Restoration\VRP Cases\151 - 160\153-Goem\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 6 of 7 i 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 20 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 appropnate 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 21 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 22. Subsequent to the trimming or removal of the foliage, the applicant may, at their discretion, document the restored view for future reference by submitting to the Director of Planning, Building and Code Enforcement, photographs of the restored view taken from the applicant's viewing area along with a "Documentation of Existing Foliage or View" form available at the Planning, Building & Code Enforcement Department W \View Restoration\VRP Cases1151 - 160\153 - Goern\PC Resolution 41 doc P C Resolution 2003-41 September 9, 2003 Page 7 of 7