PC RES 2018-007 P.C. RESOLUTION NO. 2018-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
AMENDEMENTS TO CONDITION NOS. 3 AND 4 OF P.C.
RESOLUTION NO. 2007-56 MODIFYING THE VIEW
RESTORATION TRIMMING REQUIREMENTS FOR TREE
NOS. 12 THROUGH 15 LOCATED AT 2143 DALADIER
DRIVE.
WHEREAS, on May 11, 2007, Mr. and Mrs. Maisner, owners of the property
located at 37 Avenida Corona and Mr. and Mrs. Drociak, property owners located 38
Avenida Corona ("collectively, "Applicants"), filed an application requesting a View
Restoration Permit to restore views from their properties that were significantly impaired
by trees owned by Mr. and Mrs. Galletti, at 2143 Daladier Drive ("Foliage Owners");
WHEREAS, notice of the Planning Commission hearing was mailed to the
Applicants and the Foliage Owner on June 19, 2007;
WHEREAS, on July 24, 2007, 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, the item was continued to August 28, 2007;
WHEREAS, on August 28, 2007, 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 the Planning Commission adopted
P.C. Resolution No. 2007-56, conditionally approving View Restoration Permit No.
2007-00007, which required trimming or removal of 11 Eucalyptus trees, 5 Pine trees
and 1 Gingko tree located on the Foliage Owner's property;
WHEREAS, on August 28, 2007, the Commission approved View Restoration
Permit No. 2007-00007 upon making the mandatory permit findings: 1) that the
Applicants complied with the early neighbor consultation process in accordance with
Section V(A) of the View Restoration Guidelines, 2) that the subject trees were greater
than 16 feet in height and exceeded the ridgeline of the primary structure and
significantly impaired a view from a viewing area, 3) that the Applicants' properties are
within 1,000 feet from the Foliage Owner's property, 4) that the subject trees did not
impair the view when the Applicants' properties were created in 1950, 5) that removal or
trimming the subject trees would not cause an unreasonable infringement on the privacy
of the Foliage Owner and 6) that the Foliage Owner's property is not within the
boundaries of the Miraleste Recreation and Parks District;
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WHEREAS, on or about December 19, 2007, City Staff determined that the
Foliage Owner trimmed and removed trees subject to the Conditions of Approval and
since then, the Foliage Owners have trimmed and maintained the remaining trees on an
annual basis pursuant to the Conditions of Approval for P.C. Resolution No. 2007-56;
WHEREAS, Condition Nos. 3 and 4 of the Conditions of Approval require annual
lacing of 4 subject trees, known as Pine Tree Nos. 12, 13, 14 and 15;
WHEREAS, the Applicants and Foliage Owners have agreed that annual tree
lacing associated with Pine Tree Nos. 12 through 15 do not produce effective view
preservation and they have agreed that the view would be more enhanced by crown
raising or removing the lower branches of Pine Tree Nos. 12 and 13 without having the
trees (Nos. 14 and 15) continued to be annually thinned out or heavily laced;
WHEREAS, the Applicants and Foliage Owners request to have the Planning
Commission amend the Conditions of Approval in order to require new tree crowning
and maintenance requirements to enhance views;
WHEREAS, proposed amendments to the Commission-adopted Conditions of
Approvals must be reviewed by the same body that took the final action in approving the
original View Restoration Permit application request utilizing the same hearing and
noticing procedures, review criteria, and appeal procedures, per Section 17.78.040 of
the Rancho Palos Verdes Municipal Code;
WHEREAS, on January 8, 2018, notice of the Planning Commission hearing on
the proposed amended conditions of approval was mailed to the Applicants and the
Foliage Owners; and,
WHEREAS, on February 13, 2018, the Commission held a duly noticed public
hearing to review the proposed amendments to the Conditions of Approval, 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
owners of the property located at 37 Avenida Corona have views from the viewings
areas of the living room and master bedroom at 37 Avenida Corona and those views
are significantly impaired by 2 Pine trees, Tree Nos. 12 and 13, ("subject trees") owned
by property owners at 2143 Daladier Drive ("Foliage Owners")
Section 2: Amending the Conditions of Approval meets the Section
17.02.040(2)(c) of the Municipal Code:
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A. The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on his/her part to resolve
conflicts.
The Original Applicants and the Foliage Owners have worked through Staff to
reach a private agreement concerning the subject trees. The Applicants at 37
Avenida Corona and the Foliage Owners at 2143 Daladier Drive have signed
a statement that they have reached an agreement (see attachment) and wish
to have the Planning Commission amend the formally adopted Conditions of
Approval at a scheduled public hearing. The co-applicant at 38 Avenida
Corona, who's view is unaffected by the amendment was informed of
agreement, was provided a copy of the public notice for the proposed
amendment, and has provided a signed letter approving of the agreement
that has been reached between the Applicant at 37 Avenida Corona and the
Foliage Owner at 2143 Daladier Drive and the amendments to the Conditions
of Approval.
B. Foliage exceeding sixteen (16) feet or the ridge line of the primary
structure, whichever is lower, significantly impairs a view from the
applicant's viewing area, whether such foliage is located totally on one
property, or when combined with foliage located on more than one
property.
Pine Tree Nos. 12 and 13, which are approximately 35' in height and exceed
the Foliage Owners' ridge line, significantly impairs the view from the living
room and master bedroom at 37 Avenida Corona. The central or close-to
central position of the trees within the view frames at 37 Avenida Corona has
greater weight in determining a significant view impairment than trees located
on the outer edge of the view frame (Section V-B6a of the View Restoration
and Preservation Guidelines). In contrast, Tree Nos. 14 and 15, which are
located on the periphery of the view frame as viewed from the living room and
master bedroom, do not significantly impair the view and may remain within
the view frame without the need to trim or remove the trees (Section V-B6).
From the viewing area at 38 Avenida Corona, the subject trees do not impair
the view.
C. The foliage to be removed is located on property, any part of which is
less than one thousand (1,000) feet from the applicant's property line.
The Foliage Owners' property at 2143 Daladier Drive is 130' from the closest
property line of the Applicants' property at 37 Avenida Corona and 100' from
the closest property line of the Applicant's property located 38 Avenida
Corona.
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D. The foliage significantly impairing the view did not exist as view
impairing vegetation when the lot from which the view is taken was
created.
Tree Nos. 12 and 13 did not impair the view when the Applicants' properties
were created in 1950 as shown in aerial photo records documenting that the
subject trees did not exist on the Foliage Owner's property in 1953 and
therefore could not have existed as view impairing foliage when the
Applicants' properties were created in 1950 (Aerial Photo Fairchild Collection,
Flight C-19715, Frame S4, October 20, 1953).
E. Removal or trimming of the foliage will not cause an unreasonable
infringement of the privacy of the occupants of the property upon which
the foliage is located.
Removal and/or trimming of the subject trees will not cause unreasonable
infringement of the privacy of the Foliage Owners because there is no pre-
existing privacy as the rear portion of the Foliage Owner's residence area can
be currently observed from surrounding properties at 36 and 38 Avenida
Corona.
F. For property located within the boundaries of the Miraleste Recreation
and Parks District, the Commission shall also find that removal or
trimming of 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 and Parks District
with large numbers of trees.
37 Avenida Corona, 38 Avenida Corona, and 2143 Daladier Drive are not
within the boundaries of the Miraleste Recreation and Parks District (see
Miraleste Recreation and Parks District Map)
Section 3: Trimming by crown raising of the trees as identified in the attached
amended Conditions of Approval (Exhibit "A"), is necessary in order to preserve and
maintain the Applicants' views.
Section 4: Pursuant to Section 15304 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 5: Based on the foregoing information, and on the information, and
findings included in the Staff report and evidence presented at the public hearing, the
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Planning Commission hereby amends the Conditions of Approval for P.C. Resolution
No. 2007-56 to require additional tree trimming by crown raising Tree Nos. 12 and 13 in
order to preserve and maintain the views, as shown in the attached Exhibit B and to
eliminate the heavy lacing requirement associated with Tree Nos. 12-15, as provided in
and subject to, the conditions outlined in the attached Exhibit "A".
Section 6: 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
February 13, 2018, the date of the Planning Commission's final action.
PASSED, APPROVED, AND ADOPTED this 13th day of February 2018, the following
vote.
AYES: COMMISSIONERS BRADLEY, EMENHISER, NELSON, TOMBLIN, LEON
AND VICE CHAIRMAN JAMES
NOES: NONE
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
William J. Ja s
Vice-Chairman
Ara Mihranian
Director of Community Development; and,
Secretary of the Planning Commission
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EXHIBIT "A"
AMENDED CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 2007-00007
1. Eucalyptus tree (labeled Tree Nos. 1):
Raise the crown by removing the lower foliage and non-structural
branches up to the height level indicated by the dashed blue line
shown in Attachment "2" of the July 24, 2007 P.C. Staff Report. Said
trimming shall include lacing the upper portion of remaining crown.
2. Eucalyptus trees (labeled Tree Nos. 2-11):
Remove the Eucalyptus trees. Said removal shall include stump
grinding or flush cutting to existing grade.
3. Canary Island Pine tree (labeled Tree No. 12):
At the foliage owner's expense, raise crown of Tree No. 12 to the
height level indicated by the dashed blue line shown in Exhibit B of
P.C. Resolution No. 2018-07 adopted on February 13, 2018 during
cooler months of the year (November-March). Said trimming shall not
include lacing the upper portion of remaining crown as it does not
impair a defined view. The Foliage Owners may lace the upper
remaining crown at their discretion.
AMENDED PER P.C. RESOLUTION NO. 2018-07 ON FEBRUARY
13, 2018
4. Canary Island Pine trees (labeled Tree Nos. 13-15):
At the foliage owner's expense, raise crown of Tree No. 13 to the
height level indicated by the dashed blue line shown in Exhibit B of
P.C. Resolution No. 2018-07 adopted on February 13, 2018 during
cooler months of the year (November-March). Said trimming shall not
include lacing the upper portion of remaining crown as it does not
impair a defined view. The foliage owners may lace the upper
remaining crown at their discretion.
Tree Nos. 14 and 15 shall not be trimmed as the trees do not
significantly impair the view.
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AMENDED PER P.C. RESOLUTION NO. 2018-07 ON FEBRUARY
13, 2018
5. Ginkgo tree (labeled Tree No. 16):
Reduce the crown to the height of the dashed red line shown in
Attachment "2" of the July 24, 2007 P.C. Staff Report. Tree
trimming shall occur during the summer months no later than the
end of August 2008.
6. Aleppo Pine tree (labeled Tree No. 17):
Remove the Aleppo Pine tree. Said removal shall include stump
grinding or flush cutting to existing grade. The applicants shall also
pay the expense for two (2) replacement trees, no larger than 24-
inch box size.
7. Cedar tree (labeled Tree No. 18):
Of the two topmost vertical branches, reduce the height of the
tallest branch 6-8 feet. Subsequently, the foliage owner shall
annually maintain the height and breadth of the tree. Initial trimming
shall include post-trimming treatment, which may include, but not
limited to chemical injections, if such post-trimming measures are
likely not to cause undue injury or harm to the tree as determined
by a licensed arborist.
8. Hedge/ Tree Mix (labeled Tree No. 19):
Reduce the tree/hedge to the height of the roofline level, which is
the same as the dashed red line level shown in Attachment "2" of
the July 24, 2007 P.C. Staff Report.
9. Palm trees (labeled Tree No. 20-24): No action at this time.
10.Upon completion of Condition Nos. 1-8, if additional foliage on the subject
property is found to be significantly impairing the views from the determined
viewing areas, then the offending foliage shall be trimmed to a height as not to
significantly impair the view from the Applicants properties and the Applicants
shall be responsible for the additional trimming costs.
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11.The foliage owner shall be responsible to maintain the foliage in such a manner
as to not significantly impair the applicants' views 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 that is ordered to be laced or trimmed dies within one year of the initial
work being performed due to the performance of the work, the Applicants 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.
13.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 if 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.
14.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 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.
15.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 applicants shall deposit funds to the City in a trust
account in an amount sufficient to cover the remaining work. However, trimming
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or removal of the vegetation that the applicant has chosen to eliminate would
then require an entirely new View Restoration application and fee.
16.The applicants may withdraw the view restoration request and the trust account
funds if the applicants do so within five (5) days after the applicants 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.
17.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 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 applicants from the City trust account not later than 30 days after
the expiration of the time period stipulated above.
18.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
appropriate billing) or applied to the applicants' 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
19.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
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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.
20.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 foliage not
subject to this View Restoration Permit should grow and impair the documented
views, said foliage shall be considered significant view impairing foliage and shall
be trimmed or removed by the Foliage Owner to match the view shown on the
documented photograph.
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