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CC RES 2003-105 RESOLUTION NO. 2003-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF VIEW RESTORATION PERMIT NO. 153 TO TRIM AND/OR REMOVE FOLIAGE AT 24, 26, AND 28 OCEANAIRE DRIVE. WHEREAS, on February 19, 2003, Roy and Nancy Goern, owner of property located at 26 Coveview Drive (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 Mr. Jae and Mrs. Tae Park, at 24 Oceanaire Drive, Ms. Diane Trudell, at 26 Oceanaire Drive and Ms. Kay Bonanno, at 28 Oceanaire Drive (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City"); and,. WHEREAS, notice of the Planning Commission ("Commission") hearing, along with copies of the Staff report, were mailed to the applicant and the foliage owners, on August 21, 2003; and, WHEREAS, on September 9, 2003, 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, all interested parties were given an opportunity to be heard and present evidence, The Planning Commission made all necessary findings, and approved View Restoration Permit No 153 by adopting Planning Commission Resolution No. 2003-41; and WHEREAS, on September 19, 2002, within the fifteen day appeal period, Mr. Park, the foliage owner at 24 Oceanaire Drive, appealed the Commission's decision to the City Council; and WHEREAS, after notice issued pursuant to the requirements of the Municipal Code, the City Council held a public hearing on December 16, 2003, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal, the City Council affirmed the approval of View Restoration Permit No. 153 to trim and or remove trees at 24, 26, and 28 Oceanaire Drive. 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 26 Coveview Drive has a view, as defined by Section 17.02.040 of the City's Development Code, of the Pacific Ocean and Santa Catalina Island. Section 2: The applicant's primary viewing area, as defined by Section 17.02.040 of the City's Development Code, is from the living room and dining room. That same view also is shared from the patio in the rear yard of the property. Section 3: The applicants' view of the ocean is significantly impaired by five (5) trees at 24 Oceanaire Drive, five (5) trees at 26 Oceanaire Drive and three (3) trees located at 28 Oceanaire Drive. Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on their part to resolve conflicts. The applicant has attempted to resolve the conflict with the foliage owners through meetings and telephone calls. Ms. Trudell and Ms. Bonanno declined the pre-application meeting for this case. Mr. Park and the applicant attended the pre-application meeting; however no private agreement was reached. 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 at 24, 26, & 28 Oceanaire Drive significantly impair the applicant's view of the ocean from the primary viewing area of the applicants' home. 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 properties are located less than one thousand (1,000) feet from the applicant's property. The properties at 24 and 26 Oceanaire Drive abut the applicant's property. The property at 28 Oceanaire Drive is approximately 84 feet east of the applicant's property. Section 7: The foliage significantly impairing the view did not exist, as view impairing vegetation, when the lot from which the view is taken was created. All of the properties that are a part of this application were created in 1961 under Tract No. 25817. When the subject lots were created, the tract was stripped of all vegetation during the mass grading. Therefore, the subject trees could not have been in existence when the lots were created. Section 8: The Planning Commission's decision was properly based on photographic documentation of the view from the applicant's property and reflects the level to which the foliage must be reduced. These photographs are maintained in the City's files in the Department of Planning, Building and Code Enforcement and document the action that was taken by the Planning Commission and affirmed by the City Council. Condition No. 10 has been amended by the City Council to clarify that Staff is only granted the discretion to reduce the foliage by an additional foot to achieve the results ordered by the Commission and the City Council. SECTION 9. The action taken by the Planning Commission and the City Council will eliminate the significant view impairment caused by the foliage on these properties, including appellants' property. That is the action required by the Municipal Code, not complete restoration of the view, as argued by appellants. SECTION, 10. The recommended trimming of the subject trees will not increase the visibility of the foliage owners' residences from the applicant's property. The portion of the foliage that impairs the view is well above the foliage owners' rooflines and the subject foliage will not be trimmed below the height of the rooflines. Therefore, trimming Resolution No. 2003-105 Page 2 of 3 the subject foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located. Section 11: Removal of the subject trees as identified in the attached Exhibit "A", is necessary in order to restore the applicant's view. Section 12: 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 13: 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 14: For the foregoing reasons and based on the information and findings included in the Staff Report, 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 Restoration Permit No 153 to trim and/or remove trees at 24, 26, and 28 Oceanaire Drive in order to restore the view from 26 Coveview Drive, as requested and provided for in the conditions outlined in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED on • - ith day of December 2003. 410101.', Yayor Attest. ip iA. i i, 4. 2,14 / _P", City Clerk S ATE 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. 2003-105 was duly and regularly passed and adopted by the said City Council at a regular meeting held on December 16, 2003. , 111 ak f City Clerk Resolution No. 2003-105 Page 3 of 3 RESOLUTION NO. 2003-105 - EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 153 1. Pittosporum trees (labeled Tree No. 1) located at 24 Oceanaire Drive: Trim the tree crowns down five (5) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping. 2. Bottlebrush and New Zealand Christmas tree (labeled Tree No. 3 & 4, respectively) located at 26 Oceanaire Drive: Trim the tree crowns down four (4) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping. 3. Olive tree (labeled Tree No. 5) located at 26 Oceanaire Drive: Trim the tree crown down six (6) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping. 4. Olive tree (labeled Tree No. 6) located at 26 Oceanaire Drive: Trim the tree crown down seven (7) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping. 5. Jacaranda tree (labeled Tree No. 7) located at 26 Oceanaire Drive: Trim the tree crown down approximately five (5) feet or to the level of the solid line as shown in the photo (Exhibit C), whichever is lower. Said trimming shall include shaping. 6. Pine tree (labeled Tree No. 8) located at 28 Oceanaire Drive: Remove tree without replacement. Said removal shall include stump grinding to grade. 7. Pepper tree (labeled Tree No. 9) located at 28 Oceanaire Drive: Trim tree crown down approximately six (6) feet or to the level of the ridgeline of the Bonanno residence, whichever is lower. Said trimming shall include shaping. 8. Pine tree (labeled Tree No. 10) located at 28 Oceanaire Drive: Trim the tree by raising the crown 35 feet above the base of the tree or to the dashed line, which represents the ocean horizon, as shown in the photo (Exhibit C). Said trimming shall occur during the cooler months of the year (Nov. - Mar.). Resolution No. 2003-105 — Exhibit A Page 1 of 4 9. Upon completion of said trimming, if additional foliage on the subject properties 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 applicant's property. 10.Since the tree levels described in Conditions 1 through 8 are approximations, adjustments to the trimming levels, which do not exceed an additional foot of reduction of the height of the foliage (and still exceed the lesser of the height of the ridgeline of the foliage owner's home or sixteen feet), 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. 11.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, 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 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 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 foliage owner performs the work, 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 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. 14.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. Resolution No. 2003-105 — Exhibit A Page 2 of 4 15.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 if have 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. 16.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, 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. 17.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. 18.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. 19.The foliage owners 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 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. 20.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 Resolution No. 2003-105 — Exhibit A Page 3 of 4 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 21.1f 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 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. 22.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. W:\City Council Resolutions\Resolutions by Year\2003\2003-105 Exhibit A.doc Resolution No. 2003-105 — Exhibit A Page 4 of 4