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CC RES 2004-063RESOLUTION NO. 2004 -63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 161 TO TRIM AND /OR REMOVE FOLIAGE AT 30466 VIA CAMBRON. WHEREAS, on February 6, 2003, Mr. and Mrs. Young, the owners of property located at 7256 Berry Hill Drive, and Mr. and Mrs. Van Klooster, the owners of property located at 7264 Berry Hill Drive, (herein "the applicants "), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ( "Permit ") to restore a view from each of their properties that is significantly impaired by foliage owned by Mr. and Mrs. O'Sullivan, at 30466 Via Cambron, (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 applicants and the foliage owner on February 4, 2004; and, WHEREAS, on March 9, 2004, the Commission held a duly noticed public hearing to consider the request, at which time, the public hearing was continued to April 27, 2004; and, WHEREAS, on April 27, 2004, 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, after all interested parties were given an opportunity to be heard and present evidence, the Planning Commission adopted P.C. Resolution No. 2004 -18, thereby conditionally approving View Restoration Permit No. 161; and, WHEREAS, on May 12, 2004, within the 15 day appeal period, Mr. and Mrs. Michael O'Sullivan (foliage owners) appealed the April 27, 2004 Planning Commission decision to the City Council; and, WHEREAS, on July 20, 2004, the City Council held a duly noticed public hearing to consider the appeal, at which time, all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicants at 7256 and 7264 Berry Hill Drive each have a view, as defined by Section 17.02.040 of the City's Development Code, of the ocean and Catalina Island. Section 2: The viewing area, as defined by Section 17.02.040 of the City's Development Code, from the Van Klooster residence, is taken from the living room, family room, and outdoor patio area. The view is the same from each location at that property. From the Young residence, the view is taken from the living roorn, dining room, and outdoor patio area. The view is the same from each location at that property. Section 3: The applicants each have a view that is significantly impaired by two (2) trees on property located at 30466 Via Cambron. Section 4: On March 10, 2003, all parties, including City Staff attended a pre - application meeting in an attempt to resolve the conflict. Thus, all parties have participated in the required pre - application process and have completed the early neighbor consultation process. Section 5: Based on evidence provided by the applicants, the subject foliage at 30466 Via Cambron significantly impairs the applicants' view at each property. All of the subject foliage exceeds the height of the ridgeline of the primary structure, or 16 feet, and significantly impairs the view from each of the applicants' viewing areas. Section 6: The subject property is located less than mane thousand (1,000) feet from the applicants' properties as the foliage owner's property abuts both applicants' properties. Section 7: The applicants' and the foliage owner's properties, Lots 16, 37 and 38, of tract 26012, were created in 1961. According to the soils report prepared by Pacific Soils Engineering, Inc., the lots in this area were created using mass grading techniques that involve the removal of all existing vegetation to create the building pads. The report indicates, "All vegetation and debris shall be removed and disposed off the site ". Therefore, the subject foliage did not exist as view impairing foliage when the applicants' lots were created. Section 8: Trimming the foliage as recommended by Staff, will not cause an unreasonable infringement on the privacy of the foliage owner. Both trees are located in the front yard area of the foliage owner's residence. Section 9: Trimming and /or removing the subject foliage as identified in the attached Conditions of Approval (Exhibit "A "), is necessary in order to restore the applicants' views. 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' views 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: The issues regarding the Van Klooster's deck are completely irrelevant to the application to restore the Young's view. In addition, since the viewing area is in the interior of the Van Klooster residence, as well as from the deck, the issues Resolution No. 2004 -63 Page 2 of 3 about the deck and its status are not relevant to the determination of the issuance of the View Restoration Permit. Section 12: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. 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. 161 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 e 20th dyy of July 2004. Mayor Attest: J{ �r jf F Y City Clerk 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 -63 was duly and regularly passed and adopted by the said City Council at a regular meeting held on July 20, 2004. City Clerk Resolution No. 2004 -63 Page 3 of 3 1. Pine tree: RESOLUTION NO. 2004-63 - EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 161 i. Option 1: Reduce the crown of the tree to the level of the Van Klooster building pad. After the initial trimming, maintenance trimming shall occur on an annual basis beginning 1 year after the initial trimming date, or when the tree reaches a level that is 2 feet above the Van Klooster building pad, whichever is sooner. Or ii. Option 2: Since option 1 will likely kill the tree; remove . the tree, including the stump and root ball, with the foliage owner's written consent. Should the foliage owner choose to remove said tree, then two (2) replacement trees, no larger than a twenty -four inch box size, selected by the foliage owner and approved by the View Restoration Arborist, shall be provided by the applicants in the area where the pine tree is located. In addition, the applicants /owners of the property at 7264 Berry Hill Drive also shall provide five, five - gallon plants, which are to be planted on the slope that is adjacent to the deck on that property sufficient to screen the underpinnings of the deck that currently are not screened by existing foliage. The new vegetation is to be of the same variety as the existing vegetation on the slope adjacent to the deck. The owner(s) of the property at 7264 Berry Hill Drive shall maintain all of the foliage that screens the deck, including both the existing foliage and the new foliage that is to be planted, so that the underpinnings of the deck are screened from view. 2. Eucalyptus tree: i. Option 1: Reduce the crown of the tree to the level of the Young building pad, which is approximately 3 to 5 feet. The tree shall also be shaped and laced. After the initial trimming, maintenance trimming shall occur on a semi - annual basis beginning 6 months after the initial trimming date, or when the tree reaches a level that is 2 feet above the Young building pad, whichever is sooner. Or Resolution No. 2004 -63 Exhibit A Page 1 of 4 ii. Option 2: Remove the tree with the foliage owner's written consent. Should the foliage owner choose to remove said tree, then one (1) replacement tree, no larger than a twenty -four inch box size, selected by the foliage owner and approved by the View Restoration Arborist, shall be provided by the applicant. 3. 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 to a height as not to impair the view from the applicants' properties. 4. Since the tree levels described in Conditions 1 and 2 are approximates, adjustments to the trimming levels may be made by Staff during the initial trimming to ensure that the applicants' views are restored. Once the trimming is complete, the restored views shall be documented and subsequent growth will be allowed to grow up as described in Conditions 1 and 2. 5. 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 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. 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 applicants or any subsequent owner of the applicants' properties 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. However, since the city arborist has determined that trimming the Pine tree as recommended will in all probability cause the tree to die, and if the foliage owner chooses 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 owner. The replacement foliage shall be provided in accordance with the specifications described in section VI -E (Commission Action) of the City's 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 Code. 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. Resolution No. 2004 -63 Exhibit A Page 2 of 4 8. No sooner than one year after the initiai trimming is completed, pursuant to Section VW of the Guidelines (Commission Acton); 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 it a public hearing to amend the conditions is necessary. If the Commission determines that a hearing is necessary, then a nearing will be held pursuant to Section VW of the View Restoration Guidelines and Procedures. 9. The applicants 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 proyides 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 cone. 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. 10. 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 owners shall only be reimbursed for the amount of the lowest bid submitted by the applicants. If the foliage owners choose to do the required work themselves, rather than using a contractor, then the foliage owners shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicants. 11. 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 or removal of the vegetation that the applicants have cho8en to eliminate would then require an entirely new View Restoration application and fee. 12. 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 send the estimate required herein. In the event that the applicants withdraw 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 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 Resolution No. 2004 -63 Exhibit A Page 3 of 4 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 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 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 applicants (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 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 the subject property at the foliage owner's expense, and the applicants' 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 applicants 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, which is available at the Planning, Building & Code Enforcement Department. Resolution No. 2004 -63 Exhibit A Page 4of4