CC RES 2006-043RESOLUTION NO. 2006-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DENYING THE APPEAL REQUEST; THEREBY UPHOLDING THE
PLANNING COMMISSION'S DECISION TO AFFIRM THE DIRECTOR OF
PLANNING, BUILDING, AND CODE ENFORCEMENT'S APPROVAL TO
APPROVE VIEW PRESERVATION PERMIT NO. 78, WHICH WOULD REQUIRE
THE TRIMMING OF CERTAIN FOLIAGE LOCATED AT 29258 POSEY WAY
THAT IS SIGNIFICANTLY THE VIEW FROM 6755 EL RODEO ROAD.
WHEREAS, on April 21, 2005, Mr. and Mrs. Park, owner of property located at
6755 El Rodeo Road (herein "the Applicants "), in the City of Rancho Palos Verdes, filed
a Notice of Intent to File for View Preservation application requesting a View
Preservation Permit ( "Permit ") pre - application meeting in order to preserve the view
from their property that is significantly impaired by foliage owned by Mr. and Mrs.
Jordan at 29208 Posey Way (herein "the Foliage Owners "), in the City of Rancho Palos
Verdes ( "City "); and,
WHEREAS, on May 27, 2005, both parties attended a pre - application meeting
and no private agreement was ultimately reached; and,
WHEREAS, on November 10, 2005, Mr. and Mrs. Park, filed a formal
application requesting a View Preservation Permit ( "Permit ") be approved in order to
preserve the view from their property that is significantly impaired by foliage owned by
Mr. and Mrs. Jordan at 29208 Posey Way, in the City of Rancho Palos Verdes; and,
WHEREAS, on December 7, 2005, the Director of Planning, Building and Code
Enforcement, issued a Notice of Decision (NOD) for View Preservation Permit No. 78,
and copies of the NOD were mailed to the applicant and the foliage owners; and,
WHEREAS, on December 22, 2005, within the fifteen day appeal period, Mrs.
Jordan, the foliage owner, filed an appeal fee to appeal the Director's decision for VPP
No. 78 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 28, 2006, at which
time the Planning Commission decided to continue the public hearing to March 14,
2006; and
WHEREAS, the Planning Commission held a public hearing on March 14, 2006,
at which time the Planning Commission decided to continue the public hearing to March
28, 2006; and
WHEREAS, after notice issued pursuant to the requirements of the Municipal
Code, the Planning Commission held a public hearing on March 28, 2006, at which time
all interested parties were given an opportunity to be heard and present evidence on the
notice of appeal; and
WHEREAS, the Planning Commission denied the appeal and approved
Resolution 2006 -15 for trimming and or removal of foliage on the Appellants' property;
and
WHEREAS, the Jordans filed fees and grounds for appeal on April 12, 2006 to
have the case heard by the City Council to have the Planning Commission resolution
rescinded back to City Staff for further review.
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 6755 El Rodeo Road has a view, as defined by
Section 17.02.040 of the City's Development Code of the Santa Monica Bay and the
Pacific Ocean.
Section 2: The Applicants' primary viewing area, as defined by Section
17.02.040 of the City's Development Code, is from the living room and outdoor patio
area.
Section 3: The Applicants' view is significantly impaired by a Ficus hedge, three
(3) Ficus tree(s), and two (2) King Palms on the property located at 29208 Posey Way
(Jordan property).
Section 4: The Applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve the matter. The
Applicants have complied with the early neighbor consultation process by sending
letters to the Foliage Owner, attending the pre - application meeting, and participating in
the follow -up process with the View Restoration Mediator to come to a private
agreement.
Section 5: Based on the evidence provided, the subject trees at 29208 Posey
Way exceed the ridgeline of the primary structure and significantly impair the view from
the Applicants' viewing area. Based on the accepted documentation photograph
provided by the Applicant, the City has determined that the subject foliage at 29208
Posey Way significantly impairs the Applicants' view.
Section 6: The subject property is located less than one thousand (1,000) feet
from the Applicants' property. The Foliage Owners' property at 29208 Posey Way is
immediately adjacent to the Applicants' property at 6755 El Rodeo Road.
Section 7: As evident in the Applicants' photograph dated in December 25,
1997, the subject foliage did not exist as view impairing foliage in November 1989, or
sometime thereafter.
Section 8: Trimming of the subject foliage will not cause an unreasonable
infringement on the privacy of the Foliage Owners because the viewing impairing foliage
subject to trimming is above the Foliage Owners' roofline. Furthermore, the Ficus
Resolution No. 2006 -43
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hedge, maintained at its prescribed level, will provide screening of the rear property at
29208 Posey Way. As such, trimming or removal of the foliage will not cause
unreasonable infringement of the privacy of the Foliage Owners.
Section 9: Trimming or removing the subject trees as identified in the attached
Exhibit "A ", is necessary in order to preserve the Applicants' 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 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 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 Director's Notice of Decision, meeting minutes and other records of
proceedings, which are attached hereto by reference, the City Council of the City of
Rancho Palos Verdes hereby denies the appeal, thereby upholding the Planning
Commission's decision and approves View Preservation Permit No 78 to trim or remove
foliage at 29208 Posey Way in order to preserve the view from 6755 El Rodeo Road, as
requested and provided for in the conditions outlined in the attached Exhibit "A ".
PASSED, APPROVED, AND ADOPTED on the 6th day of June 2006.
Mayor
Attest:
wit Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2006 -43 was duly and regularly passed and adopted by the said
City Council at a regular meeting held on June 6, 2006.
its_ Ih, WIMM _ IL
Resolution No. 2006 -43
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RESOLUTION NO. 2006-43 - EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW PRESERVATION PERMIT NO. 78
1. The Ficus hedge and Ficus trees:
Trim the foliage to reflect the condition shown in the documentation
photograph dated December 25, 1997 (Exhibit E of the Staff Report), which is
the same level as the solid yellow line illustrated in Exhibit F of the Staff
Report or at a height level of approximately 12 feet, as measured from the top
of the slope of the Foliage Owner's property, or to the top of the Applicants'
rear -yard fence, whichever is lower.
2. The King Palms:
Trim the foliage to reflect the condition shown in the documentation
photograph dated December 25, 1997 (Exhibit E of the Staff Report), which is
the same level as the solid yellow line illustrated in Exhibit F of the Staff
Report
3. The Foliage Owner shall be responsible to maintain the foliage in such a
manner as to not significantly impair the Applicants' view by trimming the
foliage specified in this permit on a semi - annual basis, beginning 6 months
after the initial trimming of the foliage is completed and verified by Staff.
4. If any of the subject tree(s) die as result of the trimming, then the tree(s) shall
be removed subject to Section 8.24.060 (property maintenance) of the RPV
Municipal Code.
5. If the required tree trimming or removal work as specified herein is not
completed within 90 days, then the City of Rancho Palos Verdes shall forward
the matter to the City Attorney for resolution. Should it be necessary that the
City Attorney requires a court order to enforce the City's decision and in the
event that the City is required to perform the work using a bonded tree
service, the foliage owner will be billed for all City expenses incurred in
enforcing the City's order and a lien or assessment may be recorded against
the Foliage Owner's property if the invoice is not paid.
Resolution No. 2006 -43
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