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CC RES 1998-088 RESOLUTION NO. 98 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING AN APPEAL OF VIEW RESTORATION PERMIT NO. 50 AND AMENDING THE VIEW RESTORATION COMMISSION'S APPROVAL OF SAID PERMIT TO TRIM OR REMOVE FOLIAGE AT 30127 AND 30137 AVENIDA TRANQUILA WHEREAS, on March 18, 1997, Mr. and Mrs. Stephen Cangemi, owner of property located at 30130 Avenida Tranquila (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore the view from their property that is significantly impaired by foliage owned by Mr. and Mrs. Miao at 30127 Avenida Tranquila and by Mr. and Mrs. Duncan Walker at 30137 Avenida Tranquila (herein "the foliage owners"), in the City of Rancho Palos Verdes ("City"); and, WHEREAS, notice of the View Restoration Commission("Commission") hearing, along with copies of the Staff report, were mailed to the applicant and the foliage owners on October 4, 1997, at least 30 days in advance of the hearing; and, WHEREAS, on March 5 and on April 2, 1998, after all voting members of the View Restoration 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 View Restoration Commission found evidence to support all necessary findings, and adopted VRC Resolution No. 98-02 approving View Restoration Permit No. 50; and, WHEREAS, on April 17, 1998, within the fifteen day appeal period, Mr. and Mrs. Duncan Walker, the foliage owners located at 30137 Avendia Tranquila, appealed the Commission's decision to the City Council; and, WHEREAS, the second foliage owner, Mr. and Mrs. Miao, owners of property located at 30127 Avenida Tranquila, did not appeal the decision of the View Restoration Commission and therefore, that decision is final; and, WHEREAS, after notice of public hearing issued pursuant to the requirements of the Municipal Code, the City Council held a public hearing on June 3, 1998 at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal; and, WHEREAS, at the June 3, 1998 meeting, the City Council continued the public hearing to the August 18, 1998 City Council meeting so that prior to Council action on the subject appeal, a final decision regarding an application for the City to remove an Italian Stone Pine tree located in the public right-of-way between the applicant's viewing area and the appellant's trees could be rendered; and, WHEREAS, on July 3, 1998 City Tree Review Permit No. 17 was administratively approved without objection from any surrounding property owners to allow removal of an Italian Stone Pine tree located in the public right-of-way fronting the appellant's property; and, WHEREAS, on August 10, 1998, Staff revisited the applicant's property and determined that although the Italian Stone Pine tree in the public right-of-way fronting the appellant's property was removed, the applicant's view was still significantly impaired by foliage located on the appelant's property located at 30137 Avenida Tranquila; and, WHEREAS, at the August 18, 1998 meeting, the City Council continued the public hearing to the September 15, 1998 City Council meeting at the appellant's request so that the appellant could trim the view impairing trees; and, WHEREAS, on September 14, 1998, Staff revisited the applicant's property and observed that the appellant had trimmed the view impairing trees; and, WHEREAS, on September 15, 1998 the City Council re-opened the public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal; 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 30130 Avenida Tranquila has a view, as defined by Section 17.02.040 of the City's Development Code of the Pacific Ocean. 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, dining room, master bedroom and deck. Section 3: Prior to the trimming, the applicant's view was significantly impaired by one Jacaranda tree, two Melaleuca trees and three Cypress trees on property located at 30127 Avenida Tranquila (Miao property) and two Ash trees and two Eucalyptus trees on property located at 30137 Avenida Tranquila (Walker property). Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his part to resolve conflicts. On May 3, p p and 8, 1997, the applicant sent a letter via certified mail to the foliage owners located at 30137 and 30127 Avenida Tranquila, respectively. Resolution No. 98-88 Page 2 of 8 Section 5: Based on evidence provided by the applicant, the subject trees at 30127 and 30137 Avenida Tranquila significantly impaired the applicant's view prior to the foliage trimming. All of the subject foliage exceeds the ridgeline of the primary structure and significantly impairs the view of the ocean 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. Section 7: The foliage which was significantly impairing the view did not exist, as view impairing vegetation, when the lot from which the view is taken was created. The subject parcel is a part of Tract No. 27902 and was created in 1964. When created, Tract J p p No. 27902 involved mass grading which included the removal of all existing vegetation. A copy of a portion of the grading plan and the Final Geology and Compacted Filled Ground Report documents the removal of all vegetation. This would indicate that any trees that were present on the site in 1964 were removed when the mass grading for the tract occurred and therefore, were not in existence when the subject lots were created. Section 8: Trimming the foliage as required to restore the applicant's view, will not cause an unreasonable infringement on the privacy of the foliage owners in that there are unobstructed views into the front yard and all the windows facing the street of the foliage owner's house located at 30137 Avenida Tranquila. The lack of privacy for the foliage owner exists because their house is about five feet below the street level and the existing foliage on their trees is high enough to allow view under the foliage from the street and from residences across the street from the appellant's property. Removing the Melaleuca trees and trimming the Jacaranda and Cypress trees will not cause infringement of the foliage owner's privacy located at 30127 Avenida Tranquila for the following reasons: 1) replacement vegetation will preserve the privacy which is provided by the northerly Melaleuca tree (tree #3), 2) only the portions of the Jacaranda and Cypress trees which are above the height of the ridgeline will be removed, 3) view of the residence is screened primarily by a wall in the front yard and by low growing ferns and shrubs under the trees, and 4)the main entrance to the house and the windows facing the street are behind the wall in the front yard and are on the opposite side of the courtyard behind the wall. Therefore, trimming the trees will not cause unreasonable infringement of the privacy of the foliage owner. Section 9: The trimming or removal of the subject trees as identified in the attached Exhibit "A", is necessary in order to restore the applicant's view. Section 10: Pursuant to Section 15300 of the California Environmental Quality Act, the proposed project is categorically exem p t 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 Resolution No.98-88 Page 3 of 8 Aspects; Figure 41). Section 11: 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. 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 finds that the trimming that has been performed at 30137 Avenida Tranquila eliminated the significant view impairment and restored the view from 30130 Avenida Tranquila. Therefore, the City Council hereby approves the appeal of View Restoration Permit No. 50 and amends the View Restoration Commission's approval of the Permit, subject to, the revised conditions outlined in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare. PASSED, APPROVED, AND ADOPTED on the 20th day of October 1998. or ATTEST: / /OP _ � 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. 98-88 was duly and regularly passed and adopted by the said City Council at a regular meeting held on October 20, 1998. Aif r • City Clerk _.. Resolution No.98-88 Page 4 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 50 Foliage on property located at 30127 Avenida Tranquila (Miao Property) shall be trimmed, laced and/or removed as follows (the VRC's decision was not appealed on this property; therefore, the VRC's decision is final): 1. The Jacaranda tree (labeled No. 1) shall be trimmed to the height of the highest ridgeline of the roof at 30127 Avenida Tranquila. This tree is young enough that pruning will not be drastic. Proper pruning can train this tree and minimize future maintenance. 2. The Melaleuca tree (labeled No. 2) shall be removed with the foliage owner's consent, or otherwise topped to the height of the highest ridgeline of the roof at 30127 Avenida Tranquila. The tree is too large for the planting location, and is causing pavement damage. Although it would survive topping, the root damage can only increase. Removal constitutes grinding out the stump, backfilling and leveling the ground in the location of the tree. If the foliage owner consents to removal, then one 15 gallon replacement tree or shrub shall be replanted at the applicant's expense. The replacement foliage shall not exceed the height of the foliage owner's roof ridgeline, when at full maturity and shall be maintained by the foliage owner at a height not to exceed the highest ridgeline as to not impair the applicant's view. 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 arborist. 3. The Melaleuca tree (labeled No. 3) shall be removed with the foliage owner's consent, or otherwise topped to the height of the highest ridgeline of the roof at 30127 Avenida Tranquila. Crown reduction or topping will be only a temporary cure. Removal constitutes grinding out the stump, backfilling and leveling the ground in the location of the tree. If the foliage owner consents to removal, then one 24 inch box replacement tree or shrub shall be replanted at the applicant's expense. The replacement foliage shall not exceed the height of the foliage owner's roof ridgeline, when at full maturity and shall be maintained by the foliage owner at a height not to exceed the highest ridgeline as to not impair the applicant's view. 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 arborist. Resolution No.98-88 Page 5 of 8 4. The three cypress trees (labeled Nos. 4, 5, and 6) shall be trimmed to the highest ridgeline of the roof at 30127 Avenida Tranquila. These trees must be judiciously pruned to retain their natural conical form. They are a hardy variety, and health, and can withstand severe pruning. The trees should be tipped back and "drop crotched" to natural leaders, with no more than 20% of the crown removed. Foliage on property located at 30137 Avenida Tranquila (Walker Property) shall be trimmed, and/or removed as follows: 5. Foliage on the Ash tree (labeled No. 1) shall be raised so that view, from the applicant's viewing area, under the foliage is restored (approximately 30 feet above the base of the tree). This shall be accomplished by only removing branches approximately 3" (three-inches) or less in diameter. 6. Foliage on the Ash tree (labeled No. 2) shall be raised so that view, from the applicant's viewing area, under the foliage is restored (approximately 30 feet above the base of the tree). Raising the crown shall be accomplished by removing several horizontal branches, a few of which may be 4-inches or so in diameter and some of the more vertical branches. The vertical branches are generally lower off-shoots whose upper branching is in the zone of view impairment. There are approximately three of these, and each is about six-inches in diameter. The overall form of the tree shall remain. 7. The Eucalyptus tree (No. 3) has been topped at about 30 feet above grade. The only foliage is adventitious growth (suckering) which is weakly attached. The tree is clinically dead. If the growth is removed, the trees will surely die; if it remains, it will break and could be hazardous. The Eucalyptus shall be trimmed to a height not to exceed approximately 28 feet and shall be laced, as to allow a view through the tree. 8. The Eucalyptus tree (No. 4) has been topped at about 30 feet above grade. The only foliage is adventitious growth (suckering) which is weakly attached. The tree is clinically dead. If the growth is removed, the trees will surely die; if it remains, it will break and could be hazardous. The Eucalyptus shall be trimmed to a height not to exceed approximately 28 feet and shall be laced, as to allow a view through the tree. 9. 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 all of 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. 10. If any tree or shrub that is ordered to be culled, laced, or trimmed as specified in Resolution No. 98-88 Page 6 of 8 this permit, 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 replacement foliage shall be provided in accordance with the specifications described in Section V-E of the VRP Guidelines and Procedures. 11. No sooner than one year after the initial trimming is completed, City Staff shall report to the Commission as to the adequacy of the maintenance schedule, as well as to the foliage owner's 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 V.I. of the VRP Guidelines and Procedures. 12. 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. In addition, the applicant shall pay to the City an amount equal to the City selected estimate and such funds shall be maintained in a City trust account until completion of work. 13. The foliage owners shall select a contractor from the estimates 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 owner shall only be reimbursed for the amount of the lowest bid submitted by the applicant. If the foliage owner chooses to do the required work himself, then the foliage owner shall not be compensated from the trust account and the amount in the trust account shall be refunded to the applicant. 14. 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 in a City trust account in an amount sufficient to cover the remaining work. However, trimming or removal of the vegetation which the applicant has chosen to eliminate would then require an entirely new View Restoration application and fee. 15. 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 owner is not required to perform the work specified by this Permit and this Permit is of no further force and effect. 16. The foliage owners shall, no later than 90 days after the Notice of Approval (First Resolution No. 98-88 Page 7 of 8 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. 17. The City shall reimburse the foliage owner from the City's trust account, not later than 30 days after receipt of the appropriate billing and the satisfactory completion of the required work specified by this Permit, an amount not to exceed the amount of the applicant's trust account. 18. If the required work as specified herein is not completed within the stipulated time periods, then the City of Rancho Palos Verdes will authorize a bonded tree service to perform the work at the subject property 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 City completes the work. 19. Subsequent to the trimming or removal of the foliage, the applicant may, at his 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. 98-88 A:\CC91598.RSO Page 8 of 8