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PC RES 2015-016 P.C. RESOLUTION NO. 2015-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES CONDITIONALLY APPROVING VIEW RESTORATION PERMIT NO. 2012-00026 TO TRIM OR REMOVE AND REPLACE TREES AT 7336 BERRY HILL DRIVE, 30319 PALOS VERDES DRIVE WEST, AND 7300 VIA COLLADO WHEREAS, on June 11, 2015, the property owners of 7284, 7270, 7264, 7333, 7292, 7315, 7303, 7321, and 7306 Berry Hill Drive & 30303 Via Cambron (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 trees located at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado (herein "the foliage owners"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, notice of the Planning Commission ("Commission") hearing was published by the Palos Verdes Peninsula News on June 25, 2015 and mailed to the Applicants and the foliage owners; and, WHEREAS, on July 28, 2015, the Planning Commission continued the matter, without discussion, to September 8, 2015; and, WHEREAS, on September 8, 2015, after all eligible voting members of the Planning Commission had visited the Applicants' 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. 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 7284, 7270, 7264, 7333, 7292, 7315, 7303, 7321, and 7306 Berry Hill Drive & 30303 Via Cambron have a view, as defined by Section 17.02.040 of the City's Development Code, of the ocean and islands. Section 2: The Applicants' viewing area at 7306 & 7292 Berry Hill Drive, as defined by Section 17.02.040 of the City's Development Code, is from the living room/dining room. The Applicants' viewing area at 7333, 7315, 7264, and 7303 Berry Hill 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 7284 Berry Hill Drive, as defined by Section 17.02.040 of the City's Development Code, is from the dining area next to the kitchen. The Applicant's viewing area at 7270 Berry Hill Drive, as defined by Section 17.02.040 of the City's Development Code, is from the living room and master bedroom. The Applicant's viewing area at 7321 Berry Hill Dr., as defined by Section 17.02.040 of the City's Development Code, is from the living room, dining room and front porch. The Applicant's viewing area at 30303 Via Cambron, as defined by Section 17.02.040 of the City's Development Code, is from the rear bedroom and family room. The Applicants at 7321, 7270, 7292, 7284, 7306 & 7264 Berry Hill Drive and 30303 Via Cambron have views taken from the outside rear yard or patio, within 10 feet of the residence. P.C. Resolution No.2015-16 Page 1 of 11 ,lection 3: With the exception of the Applicant's property at 7264 Berry Hill Drive, the Applicants at 7284, 7270, 7333, 7292, 7315, 7303, 7321, and 7306 Berry Hill Drive & 30303 Via Cambron have a view that is significantly impaired by a row of trees located at 7336 Berry Hill Drive, by twenty-one (21) trees located at 30319 Palos Verdes Drive West, and by one (1)tree located at 7300 Via Collado. Section 4: In April 2012, after making attempts to resolve the view impairment issue with the tree owners at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado, the Applicants filed "Notice of Intent to File a View Restoration Permit Application" and made a request to the City asking that the City mediate the issue. After the City issued pre-application meeting invitations to the trees owners on May 16, 2012, City Staff and the City's View Mediator met and/or consulted with the property owners at 30319 Palos Verdes Drive West and 7336 Berry Hill Drive within 60 calendar days from the date the "Notice of Intent to File a View Restoration Permit Application" was filed by the Applicants with the City. The property owners at 7300 Via Collado chose not attend mediation. After lengthy discussions, the Applicants could not reach a satisfactory agreement with the foliage owners. Since the Applicants and the foliage owners could not resolve the matter privately, the Applicants formally filed the View Restoration application request on June 11, 2015, more than 60 days after the filing of the "Notice of Intent to File a View Restoration Permit Application." Therefore, in accordance with Section V-A of the View Restoration Guidelines, the Applicants complied with the early neighbor consultation process (see Exhibit J of Staff Report). Section 5: Based on evidence provided by the Staff, the subject trees located at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado significantly impair the Applicants' views from the defined viewing areas of 7284, 7270, 7333, 7292, 7315, 7303, 7321, and 7306 Berry Hill Drive & 30303 Via Cambron. All of the aforementioned foliage recommended by Staff to be trimmed or removed exceeds the lower of 16 feet in height or the ridgeline height level of the foliage owners' residences and with the exception of the Applicant's property at 7264 Berry Hill Drive, significantly impairs the view from the Applicants'viewing areas. Section 6: The foliage owners' properties at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado are located within 1,000 feet of the Applicants' properties. The Applicants' properties vary in distance from the property at 30319 Palos Verdes Drive West. The closest property to 30319 Palos Verdes Drive West is the Applicant at 30303 Via Cambron, which is an approximate 123 feet distance from property line to property line. The furthest distance from the property at 30319 Palos Verdes Drive West is the property at 7264 Berry Hill Drive at an approximate 746 foot distance. The property owners at 7336 Berry Hill Drive and 7300 Via Collado are within 1,000 feet of the applicants' properties. Accordingly, the finding can be made that the foliage that is to be removed is located within 1,000 feet of the Applicants' properties. Section 7: The Applicants' lots, within Tract No. 26012 were created in April 1961. Although the foliage owner's property at 30319 Palos Verdes Drive West had been developed before the applicants' lots were created, the foliage subject to tree trimming and/or removal did not exist as view impairing foliage when the applicants' lots were created. P.C. Resolution No.2015-16 Page 2 of 11 With the exception of the dead Elm tree (No. 23) behind the main house at 30319 Palos Verdes Drive West, it is reasonable to conclude based on a careful examination of aerial photographs taken from 1963 to 1970 and ground level photos taken in the 1970s that the trees (Exhibits H & I of Staff Report), which are causing a view impairment and subject to tree trimming and/or removal did not exist as view impairing trees at the time the Applicants' lots were created. As indicated in the 1963 & 1965 oblique aerial photos, there were moderately sized trees near the northeast corner of the main residence. However, the trees at the northeast corner found on the property in the 1960s are Redwood trees and a Eucalyptus tree, which have been removed. Staff and the City Arborist have come to this determination because the applicant at 30303 Via Cambron has provided a photo taken from her rear yard in 1965 that clearly shows the type of trees and their location with respect to the northeast corner of the main house (Exhibit I of Staff Report). Also shown in the 1965 "Tussey" photo is a Pine tree, which is believed to be tree No. 7 or a Toyon tree (No. 24). However, given the slow growth rate, tree nos. 7 and 24 would have been at a lower, non—view impairing height in 1961, four years earlier than the date of the photo. The Elm tree, which is outside of the photo's extent, was likely a view impairing tree when the applicants' lots were created because the 1963 aerial photo shows the tree extending over the main roofline. Another photo taken in the 1960s from the property at 7315 Berry Hill Drive, supports the notion that only Redwood trees and a now removed, Eucalyptus tree, impaired the view in 1961. As shown in the taken in the aforementioned photo (Exhibit I of Staff Report), the Redwood trees are located to the left of the photo frame and the Elm tree appears to peak above the roofline pitch. Therefore, there is reasonable photographic evidence to conclude that, with the exception of the recently removed Elm tree (No. 23), the trees on the property at 30319 Palos Verdes Drive West(Tree Nos. 1-22,24-27) were not view impairing trees at the time the Applicants' lots were created in 1961. With respect to the subject trees located at 7336 Berry Hill Drive and 7300 Via Collado, the trees were not view impairing trees at the time the Applicants' lots were created because the properties at 7300 Via Collado are lots within the same Tract 26012. Shortly after recordation of the Tract, all lots within the Tract were graded using mass grading techniques that included removing all trees and vegetation. Accordingly, no trees existed on the lots when the adjacent Applicants' lots were created in 1961. section,8: The recommended trimming or removal of the subject 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 impairs the view is at a higher elevation than the foliage owner's roofline. Therefore, trimming or removal of 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: For properties located within the boundaries of the Miraleste Recreation & Park district, the Commission shall also find that removal or trimming of the foliage strikes a reasonable balance between meeting the purposes of section 17.02.040 set forth in Section 1 of the Ordinance approved by the voters on November 7, 1989, and preserving the historical development of the Miraleste Recreation & Park District area with large numbers of trees. The subject properties are not located within the Miraleste Recreation and Park District. P.C. Resolution No.2015-16 Page 3 of 11 Section 10: Trimming and/or removing 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 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' 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 12: Based on the foregoing information, and on the information and findings included in the Staff Reports and evidence presented at the public hearing, the Planning Commission hereby orders the trimming and/or removal of foliage at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado in order to restore the views at 7284, 7270, 7333, 7292, 7315, 7303, 7321, and 7306 Berry Hill Drive & 30303 Via Cambron, as provided in, and subject to, the conditions outlined in the attached Exhibit "A". 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 17.202.040 (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. 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. 2012-00026 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 8th day of September 2015. AYES: Commissioners Cruikshank, Gerstner, James, Vice Chairman Tomblin, Chairman Nelson NOES: None ABSTENTIONS: None - ABSENT: Commissioners Emenhiser, Leon RECUSALS: None I gp-N1111,r Bob Nelson Chairman Joel R. as, AICP Comm nit Developm- FDirector and Secreta if the Planning Commission P.C.Resolution. No,, 2015716 09999.0009/267534.1 Page 4 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2012-00026 1. Said approval shall require the foliage owners at 7336 Berry Hill Drive, 30319 Palos Verdes Drive West, and 7300 Via Collado to trim or remove and replace foliage in order to restore the Applicants' views as described below (A-Z): Trees Located at 30319 Palos Verdes Drive West A. Rubber tree (labeled Tree No. 1): Reduce crown to the guest house roofline height level. Said trimming shall occur on an annual basis. B. Pine tree (labeled Tree No. 2): Remove the tree as trimming the tree to the roofline height level will likely kill the tree. Replace tree with one (1) 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. C. Brazilian Pepper tree (labeled Tree No. 3): Remove the tree as trimming the tree to the roofline height level will result in an unsightly tree. Replace tree with one (1) 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. D. Palm tree (labeled Tree No. 4): Raise the crown of the tree by removing the lower and horizontal palm fronds. Said trimming shall occur on an annual basis. E. Pine tree (labeled Tree No. 5): Remove the tree as trimming the tree to the roofline height level will likely kill the tree. Replace tree with one (1) 24-inch box size tree. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. P.C. Resolution No.2015-16 Page 5 of 11 F. Juvenile Pine tree (labeled Tree No. 6) Reduce crown to the main house roofline height level. Said trimming shall occur on an annual basis. G. Pine trees (labeled Tree Nos. 7-10) Remove the trees as trimming the trees to the roofline height level will likely kill the trees. Replace the 4 removed trees with four (4) 24-inch box size trees. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. H. Acacia tree (labeled Tree No. 11) Reduce crown to the main house roofline height level. Said trimming shall occur on an annual basis. I. Norfolk Pine (labeled Tree Nos. 12) Reduce crown to a 26 foot height level, as measured from where the tree emerges from the ground. The remaining foliage shall be laced. Said trimming shall occur on an annual basis. J. Brazilian Pepper tree (labeled Tree No. 13) Reduce crown to the guest house roofline height level. Said trimming shall occur on an annual basis. K. California Pepper tree (labeled tree No. 14) Reduce crown to the guest house roofline height level. Said trimming shall occur on an annual basis. L. Pine trees (labeled tree Nos. 15 and 16) Remove the trees as trimming the trees to the roofline height level will likely kill the trees. Replace the removed trees with two (2) 24-inch box size trees. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. M. Pine tree (labeled tree No. 17) P.C. Resolution No.2015-16 Page 6 of 11 Reduce crown to the guest house roofline height level. Said trimming shall occur on an annual basis. N. Olive tree (labeled tree No. 18) Not applicable. Tree was dead. Has been removed. O. Oleander(labeled tree No. 19) Not applicable. Tree doesn't create a significant view impairment at this time. P. Pear tree (labeled tree No. 20) Not applicable. Tree doesn't create a significant view impairment at this time. Q. Schefflera tree (labeled tree No. 21) Not applicable. Tree doesn't create a significant view impairment at this time. R. American Elm (labeled tree no. 22) Reduce tree height to the guest house roofline height level. Said trimming shall occur on an annual basis. S. Elm (labeled tree No. 23) No action as tree was view impairing at the time the applicants' lots were created. Furthermore, the tree has been removed. T. Toyon (labeled tree No. 24) Reduce tree height to the main house roofline height level. Said trimming shall occur on an annual basis. U. Volunteer Eucalyptus tree (labeled tree No. 25) Reduce tree height to the main house roofline height level. Said trimming shall occur on an annual basis. Or with the consent of the foliage owner Remove the tree without replacement. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. The stump shall be chemically treated to prevent any future limb P.C. Resolution No.2015-16 Page 7of 11 growth. Removal and remedial stump work costs shall be performed at the applicant's expense. V. Bird of Paradise (labeled tree No. 26) Not applicable. Tree doesn't create a significant view impairment at this time. W. Volunteer Pepper tree (labeled tree no. 27) Reduce tree height to the main house roofline height level. Said trimming shall occur on an annual basis. Trees Located at 7336 Berm Hill Drive X. Hollywood Juniper trees (labeled tree no. 28) Reduce tree heights to the Alley ridgeline height level. Said trimming shall occur on an annual basis. Or with the consent of the foliage owner Remove each tree and replace with one (1) 24-inch box size tree for each tree removed. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal, remedial stump work and the replacement tree costs shall be performed at the applicant's expense. Y. Bottlebrush tree (labeled tree no. 29) Reduce tree height to the Alley ridgeline height level. Said trimming shall occur on an annual basis. Y.2. Loquat tree Reduce tree height to the Alley ridgeline height level. Said trimming shall occur on an annual basis. Tree Located at 7300 Via Collado Z. Brazilian Pepper tree (labeled tree no. 30) Since the foliage owner has provided written consent, remove the tree and replace with a 24-inch box size replacement tree. Tree removal shall include stump flush cutting to existing grade or stump grinding, whichever is technically feasible. Removal and remedial stump work shall be performed at the applicant's expense. P.C. Resolution No.2015-16 Page 8 of 11 2. Upon completion of said trimming, if additional foliage on the subject property is found to be impairing the view, than the offending foliage shall be trimmed or removed (with consent of foliage owner) to a height as not to impair the view from the Applicants' properties and the Applicants shall be responsible for the additional trimming or removal costs. 3. For those trees which the foliage owner has not consented to be removed, 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. Any newly installed tree or existing tree on the property that grows into the Applicants' view will also be required to be trimmed at the same time as those trees identified above and on an annual basis. 4. To comply Federal and State law protecting bird eggs and their nests, if bird nests are found, then the Applicants shall pay the costs to have a qualified biologist to ascertain whether there is an active nest. If there is an active nest, as determined by a qualified biologist, trimming or removal of the tree shall only occur outside of the active nesting season or monitored by an on-site qualified biologist or ornithologist if performed during the bird nesting season. 5. The City Arborist noted that certain trees are dying or diseased or in declining health and determined that trimming the Pine trees (Tree Nos. 2, 7, 8, 9, 10, 12, 15, 16, 17) and the Pepper tree at 7300 Via Collado to their respective roofline heights will in all probability cause the trees to die, therefore if the foliage owners elect not to accept removal and replacement as an option, either in writing or in public testimony during the public hearing, then the Applicants will not be responsible for providing a replacement tree or shrub to the foliage owners. Should a tree die as a result of the trimming, If any tree or shrub that is ordered to be culled, laced, or trimmed dies within two years of the initial work being performed due to the performance of the work, the Applicants or any subsequent owner of the Applicant's property shall be responsible for the costs of tree removal, as defined by the City, and the costs of providing a replacement tree(s) or shrub to the foliage owner. 6. 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. 7. 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, P.C. Resolution No.2015-16 Page 9 of 11 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 chooses to do the required work, then the foliage owner shall not be compensated from the trust account and the amount in the trust account shall be refunded to the Applicants. 8. The foliage owner shall, no later than 90 days after the Notice of Approval (First Notice) is mailed, complete the tree trimming and/or removal work to the extent required by this Permit. For those trees that are to be removed and replaced, if the foliage owner requests additional time to replace the foliage, then the foliage owner shall be given an additional 90 days to install new trees or shrubs. If any foliage owner herein does not complete the required tree trimming and/or removal 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 tree trimming and/or removal work at the subject property and at the foliage owner's expense and the tree replacement, if specifically required by these Conditions of Approval, will be performed. In the event that the City is required to perform the work at the foliage owner's expense, the City shall return the funds provided by the Applicants to the City not later than 30 days after the expiration of the time period stipulated above. 9. 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 no 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 Applicants (within 30 days of receipt of the appropriate billing), 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. 10.If the required tree trimming and/or removal work as specified herein is not completed within the stipulated time periods described in Condition No. 8, 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 tree trimming and/or removal 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. 11.Subsequent to the trimming and removal of the foliage the restored views from the Applicants' properties shall be documented by Staff. The photographic P.C. Resolution No.2015-16 Page 10 of 11 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, which exceeds 16 feet in height and/or exceed the foliage owner's ridgeline height, 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 No.2015-16 Page 11 of 11