PC RES 2005-031 P.C. RESOLUTION NO. 2005-31
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES APPROVING
VIEW RESTORATION PERMIT NO. 189 TO TRIM OR
REMOVE FOLIAGE AT 3003 DELUNA DRIVE.
WHEREAS, on May 3, 2005, Mr. and Mrs. Jim Beazell, owner of property
located at 3109 Dianora Drive, Mr. and Mrs. Levern Shepherd, owner of property
located at 3117 Dianora Drive, Mr. Hossein Sahabi, property owner at 3125 Dianora
Drive, Mr. and Mrs. Chuck Hillinger, property owner at 3131 Dianora Drive and Mr. and
Mrs. Maurice Hanlon-Keller, owner of property located at 3139 Dianora 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 their property that is
significantly impaired by foliage owned by Mr. and Mrs. Ken Peters, at 3003 Deluna
Drive (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 June 7, 2005; and,
WHEREAS, on July 12, 2005, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The applicants at 3109, 3117, 3125, 3131, & 3139 Dianora Drive
have a view, as defined by Section 17.02.040 of the City's Development Code, of the
Los Angeles basin, and Los Angeles harbor.
Section 2: The applicant's viewing area at 3109 Dianora Drive, as defined by
Section 17.02.040 of the City's Development Code, is from the dining room. The
applicant's viewing area at 3117 Dianora Drive, as defined by Section 17.02.040 of the
City's Development Code, is from the living room. The applicants' viewing area at 3125
& 3139 Dianora Drive, as defined by Section 17.02.040 of the City's Development
Code, is from the dining room and master bedroom. From 3131 Dianora Drive the view
is taken from both the living room and dining room. In addition, each property has an
outdoor patio views.
Section 3: The applicant at 3109 Dianora Drive has a view that is significantly impaired
by three (3) trees and the applicants at 3117, 3125, 3131, & 3139 Dianora Drive has a
view that is significantly impaired by five (5) trees located at 3003 Deluna Drive.
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Section 4: On October 29, 2004, the Applicants and the foliage owner attended a
pre-application meeting with the City's View Restoration Mediator. After five months of
negotiation, the applicants informed the City that an agreement could not be reached with
g
the foliage owner. Since the applicants and the foliage owner could not resolve the matter
privately, the applicants were released to formally file the View Restoration application
request. Therefore, in accordance with Section V (A) of the View Restoration Guidelines,
the applicants complied with the early neighbor consultation process.
Section 5: Based on evidence provided by the Staff, the subject trees located at
3003 Deluna Drive significantly impair the view. 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 applicants' viewing area at 3117, 3125, 3131, & 3139 Dianora Drive. Three (3) of
the five (5) subject trees also exceed the height of the ridgeline of the primary structure or
16 feet and significantly impairs the view from the applicant's viewing area at 3109
Dianora Drive.
Section 6: The foliage owner's property at 3003 Deluna Drive is located within
1000 feet of the applicants' properties at 3109, 3117, 3125, 3131, & 3139 Dianora Drive.
Section 7: The applicants' lots, Lot No. 55 (Hillinger) Lot No. 53 (Shepard), Lot
No. 52 (Beazell), Lot No. 56 (Hanlon), and Lot No. 54 (Sahabi Hossien) within Tract No.
25839 were created in May 1961. The foliage owner's property, Lot 14 of Tract No.
20622, was created in 1959. The lots, within Tract No. 20622, which include the foliage
owner's lot, were created using mass grading techniques that involved the removal of all
previously existing vegetation (Exhibit G of the Staff Report). Although Lot 14 was
created before the applicants' lots were created, the subject foliage located could not
have existed as view impairing foliage when the applicants' lots were created. The
Applicants have also provided photographs (Exhibit G of the Staff Report) showing that
the foliage did not impair the view in the past. Therefore, the subject foliage was
considered to view impairing foliage, when the applicants' lots were created in 1961.
Section 8: The recommended trimming of the subject trees will not cause an
unreasonable infringement of the privacy of the occupants of the property upon which the
foliage is located because the portion of the foliage that impairs the view is above the
foliage owner's. The foliage located on the rear yard will not be trimmed below the 16 feet
or the ridgeline of the foliage owner's residence. Furthermore, the existing City-owned
Myoporum hedge provides additional screening in the event the subject trees are
removed. Therefore, trimming 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 9: Trimming and/or removing the subject trees as identified in the
attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the
applicants' view.
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P.C. Resolution 2005-31
July 12, 2005
Section. 10: Pursuant to Section 15700 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' 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 11: Based on the foregoing information, and on the information and
findings included in the Staff report and evidence presented at the public hearing, the
Planning Commission hereby orders the trimming and/or removal of foliage at 3003
Deluna Drive in order to restore the view at 3109, 3117, 3125, 3131, & 3139 Dianora
Drive, as provided in, and subject to, the conditions outlined in the attached Exhibit "A".
Section 12. Any interested person aggrieved of this decision or by any portion of
this decision may appeal to the City Council. Pursuant to Section 17.202.040 (2)(g) of the
Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing and with the appropriate appeal fee; no later than fifteen (15) days following the
date of the Planning Commission's final action.
Section 13. For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the Planning
Commission hereby approves View Restoration Permit No. 189 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 on the 12th day of July 2005.
AYES: Commissioners Gerstner, Golida, Karp, Perestam, Vice
Chairman Knight , and Chairman Tetreault
NOES: NONE
ABSTENTIONS: NONE
ABSENT: Commissioner Mueller
aul Tetreault
Chairman
• - "ojas
I ctor of ' - ning,
Building & Code Enforcement
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P.C. Resolution 2005-.31
July 12, 2005
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 189
1. Pine tree (labeled Tree No. 1):
Trim the tree by reducing the crown of the tree to the level of the solid line shown
in Exhibit D, which is estimated to be 18 feet from the top of the crown. Said
trimming shall occur on an annual basis between November 1st and January 31st
.
Or
Option: Remove the tree. Tree removal shall include stump grinding but not
stump removal. The removed tree shall be replaced with one 15-gallon size tree.
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.
2. Pine tree (labeled Tree No. 2):
Trim the tree by reducing the crown of the tree to the level of the solid line shown
in Exhibit D, which is estimated to be 18 feet from the top of the crown. Said
trimming shall occur on an annual basis between November 1st and January 31st
.
Or
Option: Remove the tree. Tree removal shall include stump grinding but not
stump removal. The removed tree shall be replaced with one 15-gallon size tree.
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.
3. Pine tree (labeled Tree No. 3):
Trim the tree by reducing the crown of the tree to the level of the solid line shown
in Exhibit D, which is estimated to be 18 feet from the top of the crown. Said
trimming shall occur on an annual basis between November 1st and January 31st
.
Or
Option: Remove the tree. Tree removal shall include stump grinding but not
stump removal. The removed tree shall be replaced with one 15-gallon size tree.
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.
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P.C. Resolution 2005-31
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4. Pine tree (labeled Tree No. 4):
Trim the tree by reducing the crown of the tree to the level of the solid line shown
in Exhibit D, which is estimated to be 15 feet from the top of the crown. Said
trimming shall occur on an annual basis between November 1st and January 31st
.
Or
Option: Remove the tree. Tree removal shall include stump grinding but not
stump removal. The removed tree shall be replaced with one 15-gallon size tree.
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.
5. Pine tree (labeled Tree No. 5):
Trim the tree by reducing the crown of the tree to the level of the solid line shown
in Exhibit D, which is estimated to be 15 feet from the top of the crown. Said
trimming shall occur on an annual basis between November 1st and January 31st
.
Or
Option: Remove the tree. Tree removal shall include stump grinding but not
stump removal. The removed tree shall be replaced with one 15-gallon size tree.
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.
6. 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 and the applicants
shall be responsible for the additional trimming costs.
7. The foliage owner 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.
8. 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 applicant's property 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, 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
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P.C. Resolution 2005-31
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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 these 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.
9. 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.
10.The applicants shall 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 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.
11.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 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, then the foliage owner shall not
be compensated from the trust account and the amount in the trust account shall
be refunded to the applicants.
12.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 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.
13.The applicants may withdraw the view restoration request and the trust account
funds if the applicant does 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 owner is not required to perform the work specified
by this Permit and this Permit is of no further force and effect.
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14.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 the view from the
applicant's 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.
15.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 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
16.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 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.
17.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 available at the Planning,
Building & Code Enforcement Department.
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