PC RES 2023-007 P.C. RESOLUTION NO. 2023-07
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES,
CONDITIONALLY APPROVING A VIEW RESTORATION
PERMIT (CASE NO. PLVR 2023-0002), REQUIRING THE
FOLIAGE OWNER AT 43 OCEANAIRE DR. TO CROWN
REDUCE 19 TREES, WITH THE OPTION TO REMOVE
AND REPLACE SPECIFIC TREES WITH GROUND
COVER, AS DESCRIBED IN CONDITIONS OF
APPROVAL NO. 3-6, IN ORDER TO RESTORE THE
APPLICANTS' VIEW FROM 42 OCEANAIRE DR.
WHEREAS, on March 17, 2023, Rob and Stacy Steere ("Applicants"), the
residents at 42 Oceanaire Drive, filed an application requesting a View Restoration
Permit ("Permit") to restore a view that is significantly impaired by trees owned by
Darren Moore ("Foliage Owner") located at 43 Oceanaire Drive.
WHEREAS, on April 10, 2023, the City Arborist visited the Applicants and
Foliage Owner's properties. The City Arborist, in his report, opined that view restorative
crown reduction to the trees will not be survivable and/or it will destroy the aesthetic
value of the trees.
WHEREAS, notice of the Planning Commission hearing was published in the
Palos Verdes Peninsula News on April 20, 2023, and the public notice was also sent to
the Applicants and to the Foliage Owner.
WHEREAS, on May 23, 2023, the Planning Commission held a duly noticed
public hearing to consider the request and crown reduction remedies to restore the
view, 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 recitals above are true and correct, and incorporated herein by
reference.
Section 2: Property Ownership
(a) Applicants, Rob and Stacy Steere, own and reside at 42 Oceanaire Drive.
(b) Foliage owner, Darren Moore, owns the residence at 43 Oceanaire Drive.
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Section 3: Views
Section 17.02.040(A)(14) of the RPVMC defines a far view as including the
ocean or offshore islands.
(a) The following view impairing trees are located within the front yard of 43
Oceanaire Drive: nine Pittosporum Trees; one Fig Benjamina Tree; six Brazilian
Pepper Trees, one Ficus Tree and one Crape Myrtle Tree. There is one New
Zealand Christmas Tree in the circular atrium impairing the view. These 19 view
impairing trees are referred to as the subject trees.
(b) As defined Section 17.02.040(A)(14) of the RPVMC, the Applicants have the
following views: Pacific Ocean and Catalina Island, which are significantly
impaired by the subject trees.
Section 4: Viewing Areas.
Section 17.02,040(A)(15) of the RPVMC defines viewing areas as that area of a
structure (excluding bathrooms, hallways, garages, or closets) or that area of a
lot (excluding the setback areas) where the owner and City determine the best
and most important view exists. Section 17.02.040(6)(5) of the RPVMC states
that the City determines a viewing area based on balancing the nature of the
view to be protected and the importance of the area of the structure or lot from
where the view is taken.
(a) Viewing area from 42 Oceanaire Drive:
The Planning Commission determined that the living room is the best and most
important viewing area on the Applicants' property. The living room is a primary
living area, a natural gathering area and from this location, especially when the
living room doors are open, the full span of the ocean view could be observed.
The City's View Restoration Guidelines Section III-B1 states that greater weight
is given to the interior views, than the outdoor views.
Section 5: View Restoration Mandatory Findings
The Planning Commission makes the following findings, in accordance with
Section 17.02.040(C)(2)(c) of the RPVMC:
(1) The Applicant has complied with the early neighbor consultation process
and has shown proof of cooperation on his/her part to resolve conflicts.
The case record shows that the Applicants complied with the early neighbor
consultation requirements and have shown proof of cooperation based on the
following facts:
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a) On November 13, 2022, the Applicants mailed a certified letter to Foliage
Owner requesting tree trimming to restore their view. Ultimately, the
Applicants and the Foliage Owner could not resolve the matter privately.
b) On February 1, 2023, in accordance with the City's View Restoration
procedures, the Applicants submitted a Notice of Intent to File a View
Restoration Permit (Case No. PLVR2023-0002) requesting that the City
mediate the issue with the Foliage Owner.
c) On February 2, 2023, in response to the request, the Staff mailed a pre-
application mediation meeting invitation to the Foliage Owner and he
subsequently accepted the Staffs invitation.
d) On March 2, 2023, Staff and the City's view restoration mediator met with the
Applicants and the Foliage Owner at their respective properties to discuss
the matter. Unfortunately, the Foliage Owner opted not to voluntarily trim or
remove foliage as requested by the Applicants.
e) On March 17, 2023, the Applicants filed a formal View Restoration Permit
application.
Therefore, the finding can be made that the Applicants have complied with the
early neighbor consultation process and has shown proof of cooperation on his/
her part to resolve conflicts.
(2) Foliage exceeding sixteen (16) feet or the ridgeline 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.
The 19 front yard trees consisting of nine Pittosporum Trees, one Fig Benjamina
Tree, six Brazilian Pepper Trees, one Ficus Tree, one New Zealand Christmas
tree and one Crape Myrtle, exceed the ridgeline (or top edge or apex) of the
primary structure at 43 Oceanaire Drive, and as such, the trees are subject to
review for their impairment of the view. In order for this finding to be made, the
foliage exceeding the ridgeline of the primary structure must significantly impair a
view from the viewing area. As such, it is determined that the subject trees,
based on the trees' central location within the view frame and because one or
more trees impair a prominent feature (Catalina Island), have been found to
significantly impair the view from the living room viewing area at 42 Oceanaire
Drive. This determination has been made in accordance with Section V-B.6 of
the View Restoration Guidelines and Procedures.
Therefore, the finding can be made that foliage exceeding sixteen (16) feet
significantly impairs a view from the Applicants' viewing area, whether such
foliage is located totally on one property, or when combined with foliage located
on more than one property.
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(3) 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.
The foliage that is to be voluntarily removed or ordered to be crown reduced is
located less than 1,000 feet from the Applicant's property. The subject foliage,
which is located on property at 43 Oceanaire Drive, is 50 feet from the
Applicants' property at 42 Oceanaire Drive.
Therefore, the finding can be made as the subject foliage is located on a property
that is less than 1,000 feet from the Applicants' property.
(4) The foliage significantly impairing the view did not exist, as view impairing
vegetation, when the lot from which the view is taken was created.
Both the Applicants' lot (No. 9) and the Foliage Owner's lot (No. 51) are located
within a residential tract (Tract No. 24817), which became legal lots when
recorded on September 28, 1960 (Attachment No. 5.a of the Staff Report). Aerial
photography (circa 1954) of the area where the Foliage Owner's property is
located indicates that no trees existed prior to tract grading (Attachment No. 5.b
of the Staff Report). After the Foliage Owner's lot became a legal lot in 1960, the
engineer for the housing tract subdivision, Pacific Soils Engineering, Inc.,
produced a compaction report associated with the tract lots, which included the
Applicant's and the Foliage Owner's properties. The engineer's report on
compaction dated February 9, 1961 states that prior to the placement of fill, the
natural grade was scarified. As a result, vegetation was removed (Attachment
No. 5.c of the Staff Report). Indeed, after grading operations were completed and
the Foliage Owner's residence was constructed, a subsequent aerial photograph
was taken of the site showing that no trees or vegetation existed on the Foliage
Owner's lot in 1963 (Attachment No. 5.d of the Staff Report).
Site conditions prior to and after lot recordation, as evidenced from aerial
photography and from the grading engineer's report, indicate that the subject
foliage did not exist and could not have existed as view impairing foliage when
the Applicant's lot was created in 1960. Therefore, the finding can be made.
(5) 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.
The subject foliage is located within the front yard of 43 Oceanaire Drive. Front
yard areas are spaces within the property where the reasonable expectation of
privacy is limiting or non-existent. The usable outdoor areas of the front yard, i.e.
the driveway, vehicle turning area and garage, are currently exposed to visibility
from the west facing 2nd story windows at 45 Oceanaire Drive. The entire front
yard, including the front yard patio near the top of the slope, at 43 Oceanaire
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Drive is readily observed from the public right-of-way. In addition, the subject
trees do not provide privacy screening from any portion of the Applicant's lot or
residence. It is determined that voluntary removal of the subject trees or trimming
to the ridgeline height level will not result in a loss of privacy because the subject
trees do not currently provide effective privacy from nearby residences nor from
the public right-of-way. The Foliage Owner claims that a privacy infringement will
result from tree trimming or removal, yet the Foliage Owner bears the burden of
proof that such action would result in an unreasonable privacy infringement. The
Foliage Owner fails to satisfy the burden of proof that an unreasonable privacy
infringement will result from tree trimming or tree removal, especially when
considering that the front yard is already largely exposed to visibility and that
privacy is typically limited or non-existent within front yard areas.
Therefore, 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.
(6) For property located within the boundaries of the Miraleste Recreation &
Park district, the Committee 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. Therefore, the finding is inapplicable.
Section 6: Removal and Replacement of Foliage Findings
The Planning Commission makes the following tree removal and foliage
replacement findings, in accordance with Section VI of the City View Restoration
Guidelines:
(1) The Planning Commission finds, pursuant to Section VI-C, that removal of
16 trees located on the easterly slope at 43 Oceanaire Drive (i.e. nine
Pittosporum, six Brazilian Pepper, one Fig) are warranted because the
City's Arborist has determined that the view restorative crown reduction to
the these trees will not be survivable and/or it will destroy the aesthetic
value of the trees and;
(2) The Planning Commission further finds pursuant to Section VI-E.1(c) that
removal of the 16 trees located on the easterly slope at 43 Oceanaire
Drive (i.e. nine Pittosporum, six Brazilian Pepper, one Fig) without
replacement will cause significant adverse impact to the integrity of the
landscaping of the property on which the foliage is located. These trees,
P C. Resolution No 2023-07
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especially being mostly mature trees, are a focal point and they are the
most integral to the landscaping of the property if removed. Therefore, the
Planning Commission makes the finding that approximately 1,200 square
feet of Delosperma iceplant ground cover vegetation is needed to cover
the exposed dirt surface on the easterly slope at 43 Oceanaire Drive and
mitigate the loss of the integrity of the landscaping.
Section 7: Pursuant to Section 15304 of the California Environmental Quality
Act, the proposed project is categorically exempt under Class IV of that section because
the work required to restore the Applicants' view do not include the removal of scenic
and mature trees as those mature tree groupings defined and identified by the City of
Rancho Palos Verdes General Plan (Visual Aspects).
Section 8: 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
RPVMC, any such appeal must be filed with the City, in writing and with the appropriate
$3,100 appeal fee, no later than fifteen (15) days following the date of the Planning
Commission's final action.
Section 9: Any challenge to this Resolution and the findings set forth therein,
must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure
§1094.6 and Section 17.86.100(B) of the RPVMC.
Section 10: Based on all documentary and oral evidence presented, including
the Staff and arborist reports and its attachments, comments from the public, and
testimony provided at the public hearings, and making the finding that removal without
replacement ground cover vegetation will cause a significant adverse impact on the
integrity of the landscaping of the property, the Planning Commission hereby approves
the crown reduction of 19 trees at 43 Oceanaire Drive, with the option to remove and
replace specific trees with ground cover vegetation, in order to restore the view from 42
Oceanaire Drive, as provided in, and subject to, the conditions outlined in the attached
Exhibit "A".
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PASSED, APPROVED, AND ADOPTED this 23rd day of May 2023 by the following
vote:
AYES: VICE-CHAIR CHURA AND COMMISSIONERS NELSON, PERESTAM,
SAADATNEJADI, SANTAROSA,
NOES: COMMISSIONERS BRACH, NULMAN
ABSTENTIONS: NONE
RECUSALS: NONE
ABSENT: NONE
SbIA- 3c
David Chura
0), Vice Chair
L4
Octavio Silva
Interim Director of Community Development
Secretary of the Planning Commission
P.C. Resolution No 2023-07
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT CASE NO. PLVR2023-0002
1. The Applicants shall submit to the City a statement, in writing, that they have
read, understand, and agree to all conditions of approval contained in this
Resolution. Failure to provide the written statement within ninety (90) days
following the date of this approval shall render this approval null and void.
2. The Applicants shall indemnify, protect, defend, and hold harmless, the City,
and/or any of its officials, officers, employees, agents, departments, agencies,
and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of
mandamus, and other actions and proceedings (whether legal, equitable,
declaratory, administrative or adjudicatory in nature), and alternative dispute
resolutions procedures (including, but not limited to arbitrations, mediations, and
other such procedures) (collectively "Actions"), brought against the City, and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, that challenge, attack, or seek to modify, set aside,
void, or annul, the action of, or any permit or approval issued by, the City and/or
any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof (including actions approved by the voters of the City), for
or concerning the project.
3. This approval shall require the Foliage Owner to perform only ONE of the
following:
a. Voluntarily remove 16 Trees (9 Pittosporum, 6 Brazilian Pepper, 1
Fig Benjamina) on the easterly slope at 43 Oceanaire Drive, identified
on Attachment No. 3a of the Staff Report.
The tree trunks shall be cut flush to or close to the grade adjacent to
the tree trunks. In no case shall the tree's root system be removed.
Flush cutting shall be performed at the Applicants' expense. The
Applicants shall bear the expense of replacing the removed trees with
the installation of approximately 1,200 square feet of Delosperma ice
plant ground cover vegetation to fill in the barren areas of the easterly
slope at 43 Oceanaire Drive. Should the vegetation ground cover
installation contractor require netting to control planting displacement
and/or soil erosion, the Applicants shall cover the costs associated with
netting installation. The costs of performing flush cutting, removal and
installation of the ground cover vegetation, including erosion control
netting, if required, shall be borne by the Applicants.
OR
P C Resolution No. 2023-07
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b. Crown reduce 16 Trees (9 Pittos,porum, 6 Brazilian Pepper, 1 Fig
Benjamina) on the easterly slope at 43 Oceanaire Drive, identified on
Attachment No. 3a of the Staff Report, by trimming down to the
ridgeline height.
4. Crown reduce 1 New Zealand Christmas Tree at 43 Oceanaire Drive, identified
on Attachment No. 3a of the Staff Report, not to exceed 16 feet in height, as
measured from where the trunk emerges from the ground. The Applicants are
responsible for the initial trimming costs.
5. Crown reduce 1 Ficus Tree at 43 Oceanaire Drive, identified on Attachment No.
3a of the Staff Report, by trimming down to the ridgeline height. The Applicants
are responsible for the initial trimming costs.
6. The Foliage Owner shall perform only ONE of the following options:
a. Voluntarily remove or transplant the Crape Myrtle Tree at 43
Oceanaire Drive identified on Attachment No. 3a of the Staff Report.
The Applicants are not responsible for removal or transplanting
expenses.
OR
b. Crown reduce the Crape Myrtle Tree at 43 Oceanaire Drive by
trimming down 2 feet from the top of the tree identified on Attachment
No. 3a of the Staff Report. The Applicants are responsible for the initial
trimming costs.
7. Upon completion of either crown reduction or removal described in Condition of
Approval Nos. 3-6, but no more than one week after completion, if additional
foliage on the subject property is found by City staff to be impairing the view
protected by this permit, then the additional foliage shall be crown reduced to a
height that eliminates the significant view impairment, and the Applicants shall be
responsible for the cost of the additional trimming.
8. Following this decision, the Applicants shall present to the City, at least one
itemized estimate to carry out the tree trimming work and the optional removal
and replacement work. Such estimate shall be supplied by a licensed, bonded,
and insured tree service contractor or landscape contractor, acceptable to the
City, and shall include all costs of cleanup and removal of debris, and the cost to
have an International Society of Arboriculture (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.
P C. Resolution No 2023-07
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9. The Foliage Owner shall select a contractor from the estimate(s) provided by the
Applicants or shall use a licensed, bonded and insured landscape contractor or
tree service contractor of their choice, subject to approval by the City. However,
the Foliage Owner shall only be reimbursed for the amount of the lowest bid
submitted by the Applicants approved by the City.
10.The Foliage Owner shall, within a 90-day period stipulated by staff, complete
either the removal or the crown reduction work to the extent required by this
Permit. Said 90-day deadline may be extended by the Community Development
Director should the City-approved tree service or landscape contractor contact
the City indicating that they cannot accommodate the removal or tree trimming
work within the 90-day deadline. However, if the Foliage Owner does not
complete the required work within the 90-day time period stipulated by staff or a
Director-approved extension period, if one is necessary, then the City may seek
a court order that authorizes a licensed, bonded and insured tree service
contractor or landscape contractor 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.
11.Upon completion of the work, the Foliage Owner shall notify the City and if the
Foliage Owner hired a contractor approved by the city, the Foliage Owner is to
submit a copy of the paid contractor 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. 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 surplus 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.
12.Failure to comply with and adhere to the tree trimming conditions of approval,
namely Condition No. 3-6, may cause the City to issue administrative citations as
described in Section 1.16 of the City's Municipal Code.
13.Foliage maintenance shall be subject to the trimming maintenance provisions of
the City's View Preservation Guidelines, Section VIII-A, where subsequent to the
completed crown reduction and/or voluntary removal of the trees as described in
the Conditions of Approval No. 3-6, the restored view from the Applicants'
viewing area will be documented by staff. The photographic documentation will
P C Resolution No 2023-07
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be used as a benchmark by City staff for making a staff determination of view
preservation enforcement. Pursuant to Section VIII-A of the View Preservation
Guidelines, the Foliage Owner shall annually maintain the trees subject to the
View Restoration Permit decision, at his own expense. Should the Foliage Owner
remove all the trees subject to the View Restoration Permit approval but allow
other trees or foliage to grow to impair the view, the new growth shall be trimmed
at the Foliage Owner's expense to preserve the view on an annual basis.
P C Resolution No 2023-07
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No 3a. Crown Reduction Instruction Photograph
Staff photograph taken from the living room with the patio doors open at 42 Oceanaire Drive on April 20, 2023.
Voluntarily remove or crown reduce 16
Trees (9 Pittosporum, Crown reduce 1 Ficus
6 Brazilian Crown reduce 1 New Zealand
Pepper, 1 Fig Benjamina) on the Tree at 43 Oceanaire Christmas Tree at 43 Oceanaire
easterly slope at 43 Oceanaire Drive by Drive by trimming Drive not to exceed 16 feet in
trimming down to the ridgeline height. down to the ridgeline height, as measured from where the
height. trunk emerges from the ground.
•
' Voluntarily remove, transplant, or
crown reduce the Crape Myrtle
Tree at 43 Oceanaire Drive by
, . _ illillIPIWAir
trimming down 2 feet from the top of
Catalina Island the tree.
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