Loading...
CC RES 1990-048RESOLUTION ND. 90 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ADOPTING REGULATIONS TO IMPLEMENT THE RANCHO PALOS VERDES COUNCIL OF HOMEOWNERS ASSOCIATIONS AND CITY COUNCIL COOPERATIVE VIEW PRESERVATION AND RESTORATION ORDINANCE BY APPROVING GUIDELINES AND PROCEDURES FOR THE VIEW RESTORATION COMMITTEE TO GOVERN REQUESTS FOR FOLIAGE TRIMMING AND REMOVAL. WHEREAS, on November 7, 1989, the People of the City of Rancho Palos Verdes approved the "Rancho Palos Verdes Council of Homeowners Associations and City Council Cooperative View Preservation and Restoration Ordinance" ( "Proposition M") with an effective date of November 17, 1989; and, WHEREAS, Section 5 of Proposition M empowers the City Council to adopt procedures and rules or regulations which may be necessary for its implementation; and, WHEREAS, Rancho Palos Verdes Municipal Code section 17.02.040 A.17 as set forth in Section 2 of Proposition M provides that the View Restoration Committee shall draft regulations and policies to guide the actions of the Committee, which shall be binding after approval by the City Council; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: The attached View Restoration Committee Guidelines and Procedures are both necessary to the implementation of, and consistent with, Proposition M. Section 2: These regulations are intended to supplement the provisions of Proposition M, and they shall be interpreted and applied in a manner consistent with Proposition M. Section 3: The attached View Restoration Committee Guidelines and Procedures, dated June 6, 1990, are hereby adopted. Section 4: The City Clerk is directed to prepare a system for the filing and codification of procedures and rules or regulations adopted pursuant to the authority granted under Proposition M. The City Clerk is further authorized and directed to maintain a legislative history of the City Council's actions adopting or rejecting procedures and rules or regulations. The City Clerk is authorized to number, renumber, arrange or index the procedures and rules or regulations adopted pursuant to the authority granted under Proposition M in any manner deemed necessary for the convenient maintenance of such matters. A& Section 5. The City Council expressly disclaims any intention to create, and no person shall acquire, any property P y right or interest through the adoption, enforcement, amendment, or repeal of these regulations. APPROVED and ADOPTED this 6th day of June, 1930, ATTEST STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 90 -48 was duly and regularly passed and adopted by said City Council at a regular meeting thereof held June/6-j, 1990. City / Qlerk City bf Rancho Palos Verdes Resolution No. 90 -48 Page 2 VIEW RESTORATION COMMITTEE CITY OF RANCHO PALOS VERDES GUIDELINES AND PROCEDURES, JUNE 6, 1990 RESOL, NO. 90 -48 TABLE OF CONTENTS ATTACHMENTS Acknowledgement of View Restoration Request Form Miraleste Recreation & Park District Boundaries Documentation of Existing Foliage Form View Restoration Application Application Process Flow Chart Pie I. PURPOSE 1 Ii. CRITERIA FOR REVIEW 2 A. Viewing Area 2 Be Decision Criteria 2 Co Foliage Obstruction 4 III. PROCEDURES 6 A. View Restoration Application 6 Be View Restoration Process 6 C. Site Inspection 7 D. Quorums, Voting and Eligibility 8 to Participate E . Maintenance of Foliage After 8 Restoration Notice ATTACHMENTS Acknowledgement of View Restoration Request Form Miraleste Recreation & Park District Boundaries Documentation of Existing Foliage Form View Restoration Application Application Process Flow Chart I. PURPOSE The View Restoration Committee was created in accordance with Article 17 of Paragraph A of Section 2 of the Rancho Palos Verdes Council of Homeowners Associations and the Rancho Palos Verdes ity Council Cooperative View Preservation and Restoration rdinance, with the purpose of promoting the health, safety, and eneral welfare of the residents of Rancho Palos Verdes, by alancing the rights of residents with foliage and rights of esidents to restore views from their property, impaired by foliage. The Committee accomplishes its purpose through a process of view restoration permit application, site inspection, public hearings, and decision on the application. The View Restoration Committee's judicial domain is solely with foliage view impairment, under issuance of View Restoration permits. The decision of the Committee on View Restoration permit applications is final and binding on the affected property owners. RESOL. 90 -48 Page 1 View Restoration Committee - Guidelines and Procedures ,Tune 6, 1990 II. CRITERIA FOR REVIEW A. Viewing Area Section 17.02.040(A)(16) of the Rancho Palos Verdes Municipal Code defines Viewing area as follows, "Viewing area shall be that area of the structure (excluding bathrooms, hallways, garages, or closets) or lot (excluding the setback area) where the owner and City determine the best and most important view exists." 1. The Viewing Area includes any level surface within the house or within the pad, excluding the setback areas and closets, hallways, bathrooms, and garages. Viewing areas may include multiple locations. It is the policy of the City that in general exclusions from viewing areas should be minimized. 2. The best and most important view must be taken with a total view of up to 360 degrees inside and /or outside the structure. The best and most important view and viewing area shall be determined on a case -by -case basis. 3. Views can be taken from a seated position at a height of 3 feet, 6 inches up to a full standing position. 4. Views ma`- be taken from second (or higher) stories of a structure. B. Decision Criteria Section 17.02.040(0)(2) of the Municipal Code requires that, in order for a View Restoration notice to be issued, the View Restoration Committee must find: 1. "The applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his; her part to resolve conflicts." (a) Evidence of adequate early neighbor consultation shall consist of a form signed by the foliage owner and the applicant acknowledging consultation ( "Acknowledgement of View Restoration Request" form attached); or (b) In the event the foliage owner is not cooperative, adequate early neighbor consultation shall consist of sending a registered letter with return receipt to the foliage owner and submittal of a cope of the letter with the postal registration as proof of attempted consultation. (c) For View Restoration . requests involving trees in Cit.v rlgh +t--- of-way ( along roadways) , the City is the "neighbor" to br-1 consulted pursuant to the Code. The City's Street Tree Policy, as outlined in City- Council Resolution No. 89 -119, Paa� View Restoration Committee - Guidelines and Procedures June 6, 1990 establishes the process for review of requests for pruning or removal of street trees. If the applicant is not satisfied with the action of the City, a copy of the City's decision will be considered adequate evidence of early neighbor consultation and a request may be submitted to the View Restoration Committee for consideration. (d) At the public hearing, the applicant must address his /her specific efforts to comply with the ordinance requirement for attempting to resolve conflict* 20 "Foliage exceeding sixteen feet or the ridge line of the primary structure, whichever is lower, impairs a view from the applicant's viewing area, whether such foliage is located totally on one property, or when combined with foliage located on more than one property." 30 "The foliage to be removed is located on property, any part of which is less than one thousand (1,000) feet from the applicant's property." Staff from the Environmental Services Department will determine the distance from the applicant's property to the property containing the offending f o 1 iage . 4. "The foliage impairing the view did not exist when the lot from which the view is taken was created." (a) Where the applicant's property and the property containing the offending foliage are both in the same tract or in adjacent tracts, Staff will determine the date at which the lot was created. ( b ) In other cases, the following sources of information may- be used to determine the time when the foliage originated: tl) Aerial photographs maintained by the City. t?) Other photographs taken on known dates showing for riot showing) vegetation. (3) Property descriptions prepared in connection with sale (real estate sales - multiple listing), which may indicate vegetation. (4) Testimony ofwitnesses. (5) Any available pertinent documentation. (6 ) Any reports documenting land or site surveys that deal with vegetation. RESOL. NO. 90 -48 View Restoration Committee - Guidelines and Procedures June 6, 1990 50 "Removal or trimming of the foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located." (a) Indoor privacy can, be achieved in many unobtrusive wars such that obstructive foliage should generally not be preserved to protect indoor privacy. (b) The burden of proof of "unreasonable" infringement of privacy should be on the foliage owner. The Committee will make judgements on a case by case basis. 60 "For property located within the boundaries of the Miraleste Recreation & Park District, the Committee shall also find that removal or trimming of the foliage strikes a reasonable balance between meeting the purposes of section 17.02.040 set forth in Section 1 of the Ordinance approved by the voters on November 7, 1989, and preserving the historical development of the Miraleste Recreation & Park District with large numbers of trees." (a) The Miraleste Recreation & Park District has adopted a procedure for responding to view restoration and maintenance requests for foliage located on its property. Such. properties owned by the District are not subject to the City's View Restoration process. (b) Properties located within the District but owned by an entity other than the District are subject to the View Restoration process, but with the additional finding above. (c) A map of the Miraleste Recreation & Park District boundaries is attached. C. Foliage Obstruction Section 17.02.040(8)(3) of the Municipal Code states that: "No person shall impair a view from a viewing area of a lot by permitting foliage to grow to a height exceeding the height determined by the View Restoration Committee through issuance of a view restoration permit under section C.? or, if no permit has been issued, the lesser of (a) the ridge line of the primary structure on the property, or (b) 16 feet. If foliage on the property already exceeds subsections (a) and (b) on the effective date of this Section as approved by the voters on November 7, 1989, and impairs a view from a viewing area of a lot, then notwithstanding whether any person has sought or obtained issuance of a view restoration permit the owner shall not let the foliage exceed the rielyht existing on said effective date." raaF= View Restoration Committee - Guidelines and Procedures .Tune 6, 1990 16 The property owner with a view shall document compliance or non - compliance with ordinance requirements through photographic evidence. 2. The owner of the foliage is responsible for protecting any right he /she has to exceeding the height limitations that went into effect on November 7, 1989. 3. The attached Form "Documentation of Existing Foliage" may be used to document the height of existing vegetation on adjacent property, accompanied by photographs of the subject view and foliage. RESOL. NO. 90 -48 d a �- 7 View Restoration Committee - Guidelines and Procedures .Tune 6, 1990 III. PROCEDURES A. VV- Restoration Application The attached "View Restoration Application" must be submitted to the City's Department of Environmental Services to initiate a request for view restoration. B. View Restoration Process The following sequence of steps shall occur in order to process an- application for view restoration: 1. The applicant completes and submits an application form to the City's Department of Environmental Services along with the appropriate fees. 2. Staff notifies the foliage owner and the applicant in writing of the request, attaching a copy of the application. 3. Staff schedules and conducts the staff's site visit(s) to the applicant and the foliage owner's properties. 49 Staff prepares a Staff Report to the View Restoration Committee, to include: (a) Application form. (b) Early neighbor consultation documentation. (c) Analysis addressing criteria outlined in Section 17.02.040(C)(2)(c)(1) -(6). (d) Recommendation on disposition of the application. (e) Determination of Committee members and alternates ineligible to participate based on proximity to the site. (f) Tentative site visit schedule for eligible Committee members and alternates. 5. Staff establishes date (in consultation with Chairman of the Committee) for the public hearing and provides written notice of the hearing to the applicant(s) and the foliage owner(s) a minimum of 30 days prior to the hearing date. b. The View Restoration Committee, including alternates, visits the site(s). 7. A Public Hearing is conducted, and a decision made. The hearing shall include the following( *): (a) Staff report. (b) Applicant presentation - 5 minutes per property- with foliage alleged to obstruct views. (c) Opponent presentation - 5 minutes per owner of property with subject foliage. (d) Others favoring the application - 3 minutes each. PdgF C, View Restoration Committee - Guidelines and Procedures ,Tune 6, 1990 (e) Others opposed to the application - 3 minutes each. (f) Applicant rebuttal - 3 minutes, if requested. (g) Foliage owner rebuttal - 3 minutes, if requested. (h) Additional comments by Staff. (i) Committee discussion and vote. ( *} Presentation times may be extended by the Chairman. 80 A resolution reflecting the Committee's decision is drafted by Staff and, where appropriate, is reviewed by the Cite Attorney. 910 The resolution is placed on the Committee's Consent Calendar for final action, resulting in the issuance of a View Restoration Notice or denial of the request. C. Site Inspection Section 17.02.040(C)(2)(b) requires that: "Committee members shall inspect the site prior to the public hearing. Only view restoration committee members who make a site inspection may participate in the public hearing." 1. Eligibility to participate in the decision on the application will be dependent on each committee member visiting the site prior to the public hearing. 2. It is desirable that all committee members and alternates visit each site. 3* A combined total of at least four ( 4 ) members and/or alternates must visit each site. Committee members and alternates will report at each Committee meeting ors the status of site visits for upcoming requests. Members and alternates who have not visited the site prior to posting of the meeting agenda (by Thursday before the meeting) should call Staff so that a determination can be made that a sufficient number have visited to conduct the hearing. 4. Committee members and alternates are responsible for arranging visits to the site. No more than three Committee members and /or alternates may visit a site at the same time. 5. Staff will visit both the applicant's property and the property containing the subject foliage prior to Committee member visits and preparation of Staff Reports. 6. Committee members will not normally visit the property containing the subject foliage during site inspections, except in special circumstances as determined by the Staff. 7. If an applicant refuses access to his /her site, thE- request. w i l l be denied. RESOL. NO. 90 -48 Pays- View Restoration Committee - Guidelines and Procedures ,Tune 6, 1990 D. Quorums, Voting a d Eligibility to Participate 1. Four Committee members and /or alternates comprise a quorum for conducting a meeting. 2. Four votes affirming the motion are required to render a decision of the Committee. Absent four affirmative votes, an item will be continued within the requirements of the Permit Streamlining Act, generally within 6 months after determination that an application is "complete ". 3. Committee members or alternates who have not visited a site are not eligible to participate in deliberations on that application. 4. Committee members or alternates who live or own property within 300 feet of the applicant or the foliage owner are not eligible to participate in deliberations on that application. 5. Committee members or alternates who live or own property within 300 -2500 feet of the applicant or foliage owner shall determine, after consultation with the City Attorney, if the project would affect them financially and, if so, shall notify the Staff to disqualify them from deliberations on that application. 69 If any Committee members are either not present or are ineligible to participate on a particular application, alternates will be utilized on a rotating basis. E . Maintenance of Foliage After Restoration Notice 1. The applicant is responsible for taking photographs of the trimmed foliage when the work is completed, and to give a copy of the photograph to the Environmental Services Department for inclusion in the file. 2. Upon a complaint, examination of the photograph or other evidence will indicate whether foliage has been maintained consistent with the notice of a View Restoration Permit. Pa0e 8 ATTACHMENTS Acknowledgement of View Restoration Request Form Miraleste Recreation & Park District Boundaries Documentation of Existing Foliage Form View Restoration Application Application Process Flow Chart RESOL. NO. 90 -48 RANCHO PALOS VERDES ACKNOWLEDGEMENT OF VIEW RESTORATION REQUEST 1 , , am the owner of property located at in the City of Rancho Palos Verdes, and wish to apply to the City for restoration of my view of which is presently impaired by (type of foliage) at (address). Applicant Signature Date The undersigned owner of the property at that address has been contacted regarding the proposed view restoration request. Such signature below acknowledges contact with the applicant but does not indicate support for the request. Foliage Owner Signature Address Phone No. Date 30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES. CA 90274 -539' i (213) 377 -0360 !o• • �/ ROW wa •• 1w .• v • v- -- • • •► "l w• ice. • ,, I ' MIRALESTE \ i • !04 �. RECREATION AND L 1 , PARK DISTRICT �•, 4J. dip raw s t� f INC , . mcp • Alp .d M • •.1 ^ ,, t .,.,, 1 PRIVATE PR ES all TO VIEW • ` ?' L , - C RESTORATION 1 , _ ri - -r. PARK DISTRICT PROPERT' s ;� ••�`��'y�y� EXEMPT FROM ORDINANCE •� N •1 i �1 1� i 1 i RESOL. NO. 90 -48 DOCUMENTATION OF EXISTING FOLIAGE 1. NAME OF VIEWER: 2. ADDRESS OF VIEWER: 39 ADDRESS OF PROPERTY WITH FOLIAGE: 49 LOCATION FROM WHICH PHOTO(S) WAS TAKEN (e.g., dining room, rear yard deck, etc.): 59 DESCRIPTION OF VEGETATION (approximate): b. HEIGHT OF VEGETATION (approximate): 7, DESCRIPTION OF VIEW: 8. TYPE OF CAMERA."LENS: 90 DATE OF PHOTO(S): 10. DATE SUBMITTED: 119 VERIFIED BY STAFF - NAME /DATE: 12. SIGNATURE: 30440 HAWTHOANE BOULEVARf-", RANCHO PAL-OS VERnEE GA 90274 -5-0-39' 12.2 VI :ESTORATION APPLICATION NUMBER APPLICANT: (Name) Address) Telephone: Home Work List the addresses of the properties on which the foliage is located and specify the type and number of trees and shrubs on each property that are impairing the view (attach additional pages if necessary): MANDATORY FINDINGS 1. Explain what steps you have taken to comply with the early neighbor consultation process and attach any written proof demonstrating your efforts to resolve the conflict and seek cooperation from your neighbors. 2. Describe the viewing area on your property from which the best and most important view is taken. Describe the view that is being obstructed. Does the foliage in question exceed 16 feet in height or the ridge line of the residence on the property on which it is located? RESOL. NO. 90 -48 3. Is the foliage to be removed located on a property, any part of which is less than one thousand feet from your property? 4. Did the foliage which is impairing the view exist prior to the creation of the lot from which the view is taken? 518 Will the removal of the foliage cause an unreasonable infringement on the privacy of the occupants of the property on which the foliage i s located? 6o Is the property- on which the foliage is located, within the boundaries of the Miraleste Recreation and Parks District? If so, is the foliage 1 ocated on parkland owned by the Miraleste Recreation and Parks District? I HEREBY CERTIFY, under penalty of perjury, that the information and materials submitted with this application are true and correct, Signature of Applicant Date: Staff Signature Date: VIEW RESTORATION PERMIT PROCESS COMPLETE APPLICATION SUBMITTED +-- ��---- ��-- ir�w�w- write ►i �� -w + NOTICE SENT TO ; FOLIAGE OWNER & APPLICANT: +-------------------- ---- -+ STAFF SCHEDULES & CONDUCTS: STAFF SITE VISIT ♦www- ww- ww =mew ww-- s- ��- �►ww -ww iLlw,A IL STAFF REPORT PREPARED ; 4Q, HEARING DATE SET b ' 30 DAY NOTICE MAILED LwAj w- w w w w w w- COMMITTEE !MEMBERS ' ' VISIT SITE ♦-------------------------- PUBLIC REARI NG r'DECI SI ON ' il I RESOLUTION DRAFTED BY STAFF AND, WHEN APPROPRIATE, REVl EWED BY CITY ATTORNEY + — — — — — — — — — — — — low — — — — — — — — — + am so so aw am am am oww- ' RESOLL'TION RETURNED ON CONSENT CALENDAR RESOL . NO . 90-48 ♦-------------------- - - - - -; : NOTICE OF PERMIT ISSUE OP APPLICATION DEN I EL1