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CC RES 2004-032RESOLUTION NO. 2004-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 138 TO TRIM AND LACE FOLIAGE LOCATED IN THE HOA COMMON AREA ADJACENT TO 2 PASEO DE CASTANA. WHEREAS, on April 25, 2003, Mr. and Mrs. Reginald Qualls, owner of property located at 2 Paseo De Castana (herein "the applicant "), 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 foliage owned by the Rancho Palos Verdes Estates Homeowner's Association (herein "the foliage owner "), in the City of Rancho Palos Verdes ( "City "); and, WHEREAS, notice of the Planning Commission ( "Commission ") hearing was mailed to the applicant and the foliage owners on August 21, 2003; and, WHEREAS, on November 25, 2003, after all voting members of the Planning Commission had visited the site, 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, the Planning Commission approved VRP 138 to restore a view from 2 Paseo De Castana; and. WHEREAS, on December 11, 2003, the Planning Commission adopted P.C. Resolution No. 2003 -61 to restore a view from 2 Paseo De Castana; and, WHEREAS, on January 4, 2004, within the allotted appeal period, the HOA appealed the decision of the Planning Commission to the City Council; and, WHEREAS, on May 4, 2004, the City Council 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, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicant at 2 Paseo De Castana has a view, as defined by Section 17.02.040 of the City's Development Code, of the ocean and city lights. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the living room and rear yard upper patio and deck of 2 Paseo De Castana. Section 3: The applicant has a view that is significantly impaired by five (5) Italian Stone Pine trees located in the common area of the Rancho Palos Verdes Estates Homeowner's Association. Section 4: The applicant has participated in the required pre - application process; thus, pursuant to the View Restoration Guidelines, the applicant has complied with the early neighbor consultation process. Section 5: Based on evidence provided by the applicant, the subject trees located in the common area adjacent to 2 Paseo De Castana significantly impair the applicant's view. All of the subject foliage exceeds the height of the ridgeline of the primary structure or 16 feet and significantly impairs the view 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 in the Association common area. The common area abuts the applicant's property. Section 7: The applicant's property, Lot 1 of Tract 33206 and the Association common area were created in 1979. Staff located a photograph of the area where the applicant's and foliage owner's properties are located, which was taken in the late 1970s, that demonstrates that the view impairing foliage was not present on the site at the time when the applicant's lot was created. Section 8: As noted previously, the foliage in question is located in the common area entryway directly adjacent to the Qualls residence only. Therefore, trimming and lacing the subject foliage as recommended by Staff will not cause an unreasonable infringement on the privacy of the foliage owner, since the foliage does not currently provide privacy to any of the residential lots adjacent to applicant's property. Section 9: Trimming and lacing the subject trees as identified in the attached Conditions of Approval (Exhibit "A "), is necessary in order to restore the applicant's view. Section 10: The City Council's determination does not affect or supercede the CC &Rs or any other agreement between the applicant (the Qualls) and the Home Owner's Association that governs the Qualls' property or the ability of the parties to enforce any such contractual provisions through appropriate legal remedies and procedures and made no determination as to the meaning of any such agreement between the parties. SECTION 11: 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 12: Based on the foregoing information, and on the information and findings included in the Staff report and evidence presented at the public hearing, the City Council hereby affirms the Planning Commission's decision, which ordered the trimming Resolution No. 2004 -32 Page 2of3 and lacing of foliage located in the common area adjacent to 2 Paseo De Castana in order to restore the view at 2 Paseo De Castana, as provided in, and subject to, the conditions outlined in the attached Exhibit "A ". Section 13. For the foregoing reasons and based on information and findings contained in the Staff Reports, minutes, and records of the proceedings, the City Council hereby approves View Restoration Permit No. 138 subject to the Conditions of Approval contained in the attached Exhibit "A ", which are necessary to protect the public health, safety and welfare. SECTION 14. The time within which the judicial review of the decision reflected in this Resolution, if available, is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. PASSED, APPROVED, AND ADOPTED on the 4th day of May 2004. Attest: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Jo Purcell, City Clerk for the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2004 -32 was duly and regularly passed and adopted by the said City Council at a regular meeting held on May 4, 2004. Resolution No. 2004 -32 Page 3of3 RESOLUTION 2004 -32 - EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 138 1. Remove Tree No. 1 with the consent of the foliage owner and heavily lace and shape trees 2 through 5. 2. If the foliage owner does not consent to the removal of Tree No. 1, then the following shall occur: Tree No. 1 shall be trimmed to the level of the applicant's rear yard fence (as shown in the attached Exhibit A), laced heavily and shaped; trees 2 and 3 shall be laced heavily and shaped, and the crowns of trees 4 and 5 shall be raised to create a window through the trees to a height that is roughly 10 to 12 feet above the applicant's lowest pad elevation or to the level of the solid line shown in the attached Exhibit A. Said trimming, on all trees shall occur on an annual basis during the cooler months of the year (Nov. - Mar.) and under the supervision of the City's arborist and /or member of the View Restoration Staff. 3. Upon completion of said trimming, if additional foliage on the subject property is found to be significantly impairing the view, then the additional offending foliage shall be laced and shaped and /or trimmed to a height as not to impair the view from the applicant's property. 4. Since the tree levels described in Condition 2 are approximates, adjustments to the trimming levels may be made by Staff during the initial trimming to ensure that the applicant's view is restored. Once the trimming is complete, the restored view shall be documented and subsequent growth will be allowed to grow up to one year after the initial trimming. 5. The foliage owners 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. 6. If any tree or shrub that is ordered to be culled, laced, or trimmed dies within one year of the initial work being performed due to the performance of the work, the applicant or any subsequent owner of the applicant's property shall be responsible for providing a replacement tree or shrub to the foliage owner. The Commission may extend this time period if a certified arborist provides evidence that a longer monitoring period is necessary for a specific type of tree or shrub. However, if the city arborist determines that culling, lacing, or trimming said tree or shrub will in all probability cause the tree or shrub to die, and the foliage owner Resolution No. 2004 -32 Exhibit A Page 1 of 4 chooses not to accept removal and replacement as an option, either in writing or in public testimony during the public hearing, then the applicant will not be responsible for providing a replacement tree or shrub to the foliage owner. 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. 7. The selection of the type of replacement foliage shall be made by the foliage owner from an approved list of foliage types provided by the Director of Planning Building and Code Enforcement or approved by the City View Restoration arborist. 8. No sooner than one year after the initial trimming is completed, pursuant to Section VI -J of the Guidelines (Commission Action), City Staff shall report to the Commission as to the adequacy of the maintenance schedule, as well as the foliage owners' ability to maintain the foliage in compliance with these conditions of approval. The Commission shall consider the Staff report and determine if a public hearing to amend the conditions is necessary. If the Commission determines that a hearing is necessary, then a hearing will be held pursuant to Section VI -J of the View Restoration Guidelines and Procedures. 9. The applicant shall, not later than 30 days after approval of this permit, 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 of having an ISA certified tree trimmer or accredited arborist on site to perform or supervise the work being done. In addition, the applicant 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. 10. 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, to perform the required work. However, the foliage owners shall only be reimbursed for the amount of the lowest bid submitted by the applicant. If the foliage owners choose to do the required work themselves without hiring a contractor to perform the work, then the foliage owners shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicant. Resolution No. 2004 -32 Exhibit A Page 2 of 4 11. The applicant 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 applicant shall deposit funds to the City in a trust account in an amount sufficient to cover the remaining work. However, trimming or removal of the vegetation that the applicant has chosen to eliminate would then require an entirely new View Restoration application and fee. 12.The applicant may withdraw the view restoration request and the trust account funds if the applicant does so within five (5) days after the applicant sends the estimate required herein. In the event that the applicant withdraws the request in a timely manner, the foliage owners are not required to perform the work specified by this Permit and this Permit is of no further force and effect. 13. The foliage owners shall complete the work to the extent and within the timeframe required by this Permit and shall maintain the vegetation to a height that will not impair a view from another property in the future as specified in these Conditions of Approval. If any foliage owner herein does not complete the required work as specified within the required timeframe, 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 applicant from the City trust account not later than 30 days after the expiration of the time period stipulated above. 14. 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 applicant's 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 15. 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 Resolution No. 2004 -32 Exhibit A Page 3 of 4 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 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. 16. Subsequent to the trimming or removal of the foliage, the applicant may, at their discretion, document the restored view for future reference by submitting to the Director of Planning, Building and Code Enforcement, photographs of the restored view taken from the applicant's viewing area along with a "Documentation of Existing Foliage or View" form available at the Planning, Building & Code Enforcement Department. Resolution No. 2004 -32 Exhibit A Page 4 of 4