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PC RES 2004-007RESOLUTION NO. 2004 - 7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE DIRECTOR OF PLANNING, BUILDING, AND CODE ENFORCEMENT'S APPROVAL OF VIEW PRESERVATION PERMIT NO. 63 TO TRIM AND SHAPE FOLIAGE AT 9 DIAMONTE LANE. WHEREAS, on December 2, 2002, Mr and Mrs. Lorenzen, owner of property located at 15 Diamonte Lane (herein "the applicants"), in the City of Rancho Palos Verdes, filed an application requesting a View Preservation Permit ("Permit") to restore the view from their property that is significantly impaired by foliage owned by Mr and Mrs. Kaye at 9 Diamonte Lane (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, on January 20, 2003, both parties attended a pre -application meeting and no agreement was reached; and, WHEREAS, on, October 9, 2003, the Director of Planning, Budding and Code Enforcement, issued a Notice of Decision (NOD) for View Preservation Permit No 63, and copies of the NOD were mailed to the applicant and the foliage owners, and, WHEREAS, on1 October 21, 2003, within the fifteen day appeal period, Mr Paul Kaye, the foliage owner, filed an appeal of the Director's decision for VPP 63 to the Planning Commission] and, WHEREAS, after notice issued pursuant to the requirements of the Municipal Code, the Planning Commission held a public hearing on February 24, 2004, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal, and 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 15 Diamonte Lane have a view, as defined by Section 17.02.040 of the City's Development Code of the Pacific Ocean, Downtown Long Beach, the shoreline, city lights, and Vincent Thomas Bridge Section 2: The applicant's primary viewing area, as defined by Section 17 02.040 of the City's Development Code, is from the family room and outdoor patio area Section 3: The applicant's view is significantly impaired by a cluster of Canary PC Resolution 2044-7 VPP No 63 Island Pine trees on property located at 9 Diamonte Lane (Kaye property) Section 4: The applicants have complied with the early neighbor consultation process and have shown proof of cooperation on their part to resolve conflicts Section 5: Based on evidence provided by the applicants, the subject trees at 9 Diamonte Lane significantly impair the applicant's view The subject trees are greater than 16 feet in height and exceed the ridgeline of the primary structure and significantly impair the view as described in Section 1 above, from the applicant's viewing area Section 6: The subject property is located less than one thousand (1,000) feet from the applicant's property Section 7: As evident in the applicant's photograph dated in November 1989, the subject foliage did not exist as view impairing foliage in November 1989. Section 8: Trimming and shaping of the foliage will not cause an unreasonable infringement on the privacy of the foliage owner At present, 80% of the foliage on the Pine trees is well above the roofline of the Kaye residence and thus removing the upper one- third of the trees would not impact existing privacy in any way and will not cause unreasonable infringement of the privacy of the foliage owner Section 9: Trimming and shaping the subject trees as identified in the attached 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: Section 1094 6 of the California Code of Civil Procedure governs the time within which the judicial review of the decision reflected in this Resolution, if available, must be sought. Section 12: For the foregoing reasons and based on the information and findings included in the NOD, Minutes and other records of proceedings, which are attached hereto by reference, the Planning Commission of the City of Rancho Palos Verdes hereby denies the appeal, thereby upholding the Director of Planning, Building, and Code Enforcement's decision and approves View Preservation Permit No 63 to trim and shape trees at 9 Diamonte Lane in order to restore the view from 15 Diamonte Lane, as requested and provided for in 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 PC Resolution 2004-7 VPP No 63 Mr rig FTI MI, AYES. Commissioners Knight, Tetreault, Gerstner, Karp, Van Wagner, and Chairman Mueller NOES- ABSTENTIONS- Commissioner Cote ABSENT: oel of Plan&i6, & Code Enforcement (� �Xw_dz Craig Mueller Chairman PC Resolution 2004-7 VPP No 63 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW PRESERVATION PERMIT NO 63 Foliage on property located at 9 Diamonte Lane (Kaye Property) shall be trimmed as follows: 1 The cluster of Canary Island Pine trees: Trim the upper one-third of each tree, which is approximately 10 to 12 feet off the overall height of each tree, and shape the sides to reflect the condition shown in the documentation photograph dated November 1989 (attached exhibit A) Said trimming shall occur during the cooler months of October through March, on an annual basis beginning one year after the date of the initial trimming PC Resolution 2004-7 VPP No 63