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CC RES 1998-021 RESOLUTION NO. 98-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AFFIRMING THE APPROVAL OF VIEW RESTORATION PERMIT NO. 29 TO TOP, TRIM, AND/OR REMOVE TREES AT 30327 GANADO DRIVE. WHEREAS, on February 18, 1997, Mr and Mrs. Norbert Keilbach, who own property located at 3632 Greve Drive., in the City of Rancho Palos Verdes, filed an application for View Restoration Permit No. 29 ("Permit")to top, trim and/or remove several trees on the property located at 30327 Ganado Drive. ("the subject property"), owned by Mr. Jon Echevarrieta ("the foliage owner"); and WHEREAS, pursuant to the requirements of the Municipal Code, notice of the hearing before the View Restoration Commission ("Commission"), along with copies of the Staff report, were mailed to the applicant and the foliage owner on April 1, 1997, 30 days in advance of the hearing; and WHEREAS, on May 1, 1997, 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 opportuni ty to be heard and present evidence, the View Restoration Commission made all necessary findings, and approved View Restoration Permit No. 29 by adopting V.R.0 Resolution No. 97-5; and WHEREAS, on May 16, 1997, within the fifteen day appeal period, Mr. Jon Echevarrieta, the foliage owner, 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 July 1, 1997, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal; and WHEREAS, after hearing all public testimony, and discussing the issues, the City Council remanded VRP No. 29 back to the View Restoration Commission; and WHEREAS, on October 2, 1997, after all voting members of the View Restoration Commission had revisited 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 made all necessary findings, and approved View Restoration Permit No. 29; and WHEREAS, on November 6, 1997, the View Restoration Commission adopted V.R.0 Resolution No. 97-21 as amended in the attached conditions outlined in Exhibit A; and WHEREAS, on November 21, 1997, within the fifteen day appeal period, Mr. Jon Echevarrieta, the foliage owner, 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 March 17, 1998, at which time all interested parties were given an opportunity to be heard and present evidence on the notice of appeal; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicant at 3632 Greve Drive. has a view, as defined by Section 17.02.040 of the City's Development Code, which includes the Pacific Ocean and Catalina Island. Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the City's Development Code, includes: the living room, dining room, and an outdoor patio area at the rear of the property at 3632 Greve Drive because these areas all share the same view of the ocean and Catalina Island. Section 3: The subject property at 30327 Ganado Drive contains four(4) large Pine trees, one (1) Ash tree, one (1) Ornamental Plum tree, one (1) Olive tree, one (1) Scrub Oak tree, that significantly impair the applicant's view. Section 4: The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the letter dated February 13, 1997 and receipt for registered mail sent to the foliage owner at 30327 Ganado Drive. Section 5: Based on evidence provided by the applicant, the subject trees at 30327 Ganado Drive significantly impair a substantial portion of the applicant's primary view. Two (2) Pine trees measure approximately 35 to 40 feet, one (1) Pine tree measures approximately 60 feet, one (1) Pine tree measures 18-20 feet, the Ash tree measures approximately 35-40 feet, the Olive tree measures roughly 40-50 feet, the Ornamental Plum tree measures 20 feet, and the Scrub Oak tree measures roughly 40 to 50 feet tall. All trees exceed the ridge line of the primary structure of the foliage owner's property, which is approximately 26 feet in height as measured from the existing building pad grade. Resolution No 98-21 Page 2 of 7 The ridgeline of the primary structure is located at a higher elevation than the 16 foot elevation measured from the existing base of each tree. Section 6: The subject property is located less than one thousand (1,000) feet from the applicant's property. Section The applicant's and foliage owner's properties were created in 1963. There is a solis report in the file demonstrating that the area was covered with brush and that the subject trees did not exist prior to the establishment of the lots. Section$:The recommended topping, trimming, and/or removal of the subject trees will not cause an increased or unreasonable infringement on the privacy of the foliage owner since the subject trees limit but do not totally eliminate all viewing onto the foliage owner's property from the applicant's property. Further, replacement shrubs are required to be planted at the applicant's expense to allow for additional screening. Section 9: The foliage owner questioned the legality of the applicant's second story deck. Staff researched the issue and found that the Planning Department had approved the Site Plan Review for the deck, however, the building plan check for the project had expired. Prior to the start of the second VRC review, the applicant resolved the matter with the City's Building and Safety Department and a final building permit was issued. Section 10: Based on the field review of the City's Geotechnical Consultant, the recommended removal of the subject Pine trees, without replacement of such foliage, could increase slope erosion. As a result, the City's Geotechnical Consultant has advised that: the Pine tree stumps and the root systems should remain intact and replacement shrubs shall be planted, as identified in Condition No. 2 of attached Exhibit "A", to further support the slope. Section It The topping, trimming, and/or removal of the subject trees as identified in Conditions 1 through 7 of 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: 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. Resolution No 98-21 Page 3 of 7 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 View Restoration Commission's decision with modifications to the conditions of approval attached as Exhibit A, and approves View Restoration Permit No 29 to top, trim, and/or remove trees at 30327 Ganado Drive in order to restore the view from 3632 Greve Drive, as requested and provided for in the conditions outlined in the attached Exhibit "A" and the attached plot plan diagram. PASSED, APPROVED, AND ADOPTED on the 7th day of April 1998.Mayor ATTEST: Cit 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. 98-21 was duly and regularly passed and adopted by the said City Council at a regular meeting held on April 7, 1998. r City clerk Resolution No 98-21 Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 29 1. Pine Trees No. 1, 2, & 3 : Remove Pine trees No. 1, No. 2, and No. 3, with the consent of the foliage owner. However, if the foliage owner does not grant the authority to remove the trees, then the crowns of all three trees shall be topped to the level of the applicants pad and maintained in such a manner. Additionally, the applicant shall pay for the planting of a mid-slope privacy barrier. The barrier shall consist of a variety of plants (not more than 20 to 25 plants), to be selected by the foliage owner from a list provided by Staff. Final selection and placement of the plant materials shall be made by the foliage owner, reviewed by the City Arborist, and approved by the Director of Planning, Building, and Code Enforcement. The City Arborist shall provide the foliage owner with all the information that will assist the foliage owner in selecting the appropriate plantings, including but limited to, the distance of the plantings from the top of the slope, the natural mature height of the selected foliage and the anticipated frequency and costs of maintenance of the foliage. 2. To prevent increased slope erosion, the stumps and the root systems of Pine trees No. 1, 2, and 3 should remain intact and the area shall be replanted with Acacia Redolens, or a similar plant species approved by the Director of Planning, Building and Safety, and Code Enforcement. Any newly planted foliage shall be maintained at a height that will not impair a view from another property in the future. 3. Pine Tree No. 4 : Pine tree No. 4 shall be topped and trimmed from a point which does not exceed a diagonal line drawn from a point at the top of the transitional slope at 3632 Greve Drive, and extending to the ridgeline of the residence at 30327 Ganado Drive, and maintained in such a manner. 4. Ash Tree : The Ash tree shall be topped and trimmed from a point which does not exceed a diagonal line drawn from a point at the top of the transitional slope at 3632 Greve Drive, and extending to the ridgeline of the residence at 30327 Ganado Drive, and maintained in such a manner. 5. Olive Tree : The Olive tree shall be topped and trimmed from a point which does not exceed a diagonal line drawn from a point at the top of the transitional slope at 3632 Greve Drive, and extending to the ridgeline of the residence at 30327 Ganado Drive, and maintained in such a manner. Resolution No 98-21 Page 5 of 7 6. Ornamental Plum Tree : The Ornamental Plum shall be topped and trimmed from a point which does not exceed a diagonal line drawn from a point at the top of the transitional slope at 3632 Greve Drive, and extending to the ridgeline of the residence at 30327 Ganado Drive, and maintained in such a manner. 7. Scrub Oak Tree : The Scrub Oak shall be topped and trimmed from a point which does not exceed a diagonal line drawn from a point at the top of the transitional slope at 3632 Greve Drive, and extending to the ridgeline of the residence at 30327 Ganado Drive, and maintained in such a manner. 8. Pursuant to Section V-A-4 of the VRP Guidelines and Procedures, any tree or shrub that is removed shall be cut flush to the ground leaving the root systems and stumps in place. 9. If any tree or shrub that is ordered to be culled, laced, or trimmed as specified in 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. 10. 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 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. 11 The applicants should, 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. 12. 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 Resolution No 98-21 Page 6 of 7 compensated from the trust account and the amount in the trust account shall be refunded to the applicant. 13. 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 which the applicants have chosen to eliminate would then require an entirely new View Restoration application and fee. 14. The applicant may withdraw his view restoration request and his trust account funds if the applicant does so within five (5) days after the applicant has sent the estimate required herein. In the event that the applicant withdraws his/her 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. 15. 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 shall maintain the vegetation to a height that will not impair a view fro m another property in the future as specified in these Conditions of Approval. 16. 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, as verified by City Staff, in an amount not to exceed the amount of the applicant's trust account. 17. 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 foliage removal 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. 18. Subsequent to the trimming or removal of the foliage, Staff will document the restored view for future reference by submitting to the applicant, foliage owner, and 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" N:\PLANNI NG\GUEST\VRC\APPEALS\FOLIAGE\STAFF.RPT\VRP29\APEL29-2.RSO Resolution No 98-21 Page 7 of 7 • ,.________, i ..... ....., / t J 0,, .. „ II , . .. J :: L7 r , • _ ------i .- N. I; • th /... ._, 7 • . . . , ...„.._ , . : , ,..,, •,.....,,.._,_,,... _4._... ..,__„, ,... ....._, 7,5 ., . ;',. . , , 37-. • .1.....-r- t'A I •31 -. - e 4., .--1-;' 7dp \$ .1 . o ,.• ;(..). '-- -. — ---...... 7C • . -- L. 70 • •- . v144/474 VC ORA/1 _ ik,k4----- Oil No\ _______ _ _,_ ______ _____ ______ _—______—____ ( rtb\/ ' 3 ETA g3r _ . 4 -a'auftriar.742.30.„...'- -7. —1.-i"-;.z.....- .7----.. 041.174:'• - • 1 . 1""..",-. 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