PC RES 2006-051 RESOLUTION NO. 2006-51
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VS APPROVING REVISION EXHIBIT 'A' TO
CONDITIONS 1, 2, & 4 OF THE CONDITIONS OF APPROVAL TO VIEW
RESTORATION PERMIT NO. 161, TO TRIM FOLIAGE AT 30466 VIA
CAMBRON.
WHEREAS, on February 6, 2003, Mr. and Mrs. Young, the owners of property
located at 7256 Berry Hill Drive, and Mr. and Mrs. Van Klooster, then the owners of
property located at 7264 Berry Hill 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 each of their properties that is significantly impaired by foliage
owned by Mr. and Mrs. O'Sullivan, at 30466 Via Cambron, (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 February 4, 2004; and,
WHEREAS, on March 9, 2004, the Commission held a duly noticed public
hearing to consider the request, at which time, the public hearing was continued to April
27, 2004; and,
WHEREAS, on April 27, 2004, 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, after all interested parties were given an opportunity
to be heard and present evidence, the Planning Commission adopted P.C. Resolution
No. 2004-18, thereby conditionally approving View Restoration Permit No. 161; and,
WHEREAS, on May 12, 2004, within the 15 day appeal period, Mr. and Mrs.
Michael O'Sullivan (foliage owners) appealed the April 27, 2004 Planning Commission
decision to the City Council; and,
WHEREAS, on July 20, 2004, the City Council held a duly noticed public
hearing to consider the appeal, at which time, all interested parties were given an
opportunity to be heard and present evidence; and,
WHEREAS, on July 20, 2004, the City Council adopted C.C. Resolution
No.2004-63, thereby conditionally approving View Restoration Permit No.161 which
requires an one-time annual review of the foliage owner's ability to maintain the foliage
and address the adequacy of the tree trimming schedule; and,
WHEREAS, within no less than a year of the foliage owners' initial trimming,
notice of the Planning Commission ("Commission") hearing was mailed to the applicants
and the foliage owner on August 23, 2006; and,
WHEREAS, on September 26, 2006, due to the lateness of the hour, the
Commission automatically continued the matter to October 10, 2006; and,
WHEREAS, on October 10, 2006, the Commission held a duly noticed public
hearing to consider the maintenance review, at which time, all interested parties were
given an opportunity to be heard and present evidence; and,
WHEREAS, on October 10, 2006, the Planning Commission adopted P.C.
Resolution No.2006-51, thereby amending the conditions of approval for View
Restoration Permit No.161;
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 7256 and 7264 Berry Hill Drive each have a view,
as defined by Section 17.02.040 of the City's Development Code, of the ocean and
Catalina Island.
Section 2: The viewing area, as defined by Section 17.02.040 of the City's
Development Code, from the residence at 7264 Berry Hill Drive, is taken from the living
room, family room, and outdoor patio area. The view is the same from each location at
that property. From the residence at 7256 Berry Hill Drive, the view is taken from the
living room, dining room, and outdoor patio area. The view is the same from each
location at that property.
Section 3: The applicants each have a view that is significantly impaired by two
(2) trees on property located at 30466 Via Cambron.
Section 4: On March 10, 2003, all parties, including City Staff attended a pre-
application meeting in an attempt to resolve the conflict. Thus, all parties have
participated in the required pre-application process and have completed the early
neighbor consultation process.
Section 5: Based on evidence provided by the applicants, the subject foliage at
30466 Via Cambron significantly impairs the applicants' view at each property. All of
the subject foliage exceeds the height of the ridgeline of the primary structure, or 16
feet, and significantly impairs the view from each of the applicants' viewing areas.
Section 6: The subject property is located less than one thousand (1,000) feet
from the applicants' properties as the foliage owner's property abuts both applicants'
properties.
Section 7: The applicants' and the foliage owner's properties, Lots 16, 37 and 38,
of tract 26012, were created in 1961. According to the soils report prepared by Pacific
Soils Engineering, Inc., the lots in this area were created using mass grading
techniques that involve the removal of all existing vegetation to create the building pads.
The report indicates, "All vegetation and debris shall be removed and disposed off the
P.C. Resolution No. 2006-51
Page 2 of 5
site". Therefore, the subject foliage did not exist as view impairing foliage when the
applicants' lots were created.
Section : Trimming the foliage as recommended by Staff, will not cause an
unreasonable infringement on the privacy of the foliage owner. Both trees are located in
the front yard area of the foliage owner's residence.
Section : Trimming the subject foliage as identified in the revised attached
Conditions of Approval (Exhibit "A"), is necessary in order to restore the applicants'
views.
Section 1 : Pursuant to Section 15300 of the California Environmental {duality
Act, the proposed project is categorically exempt under Class 4 of that section because
the work required to restore the applicants' views 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: 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 and other applicable short periods of limitation.
Section 12: Based on the foregoing information, and on the information and
findings included in the Staff report and the evidence presented at the public hearing
dated October 10, 2006, the Planning Commission hereby orders the following
amended conditions of approval for View Restoration Permit No. 161, as contained in
the attached Revision Exhibit 'W':
I. Pine tree:
L ® Reduce the crown of the tree to the level of the
V4 Lllnno+®r building pad located at 7264 Berry Hill Drive.
n{+— +h® ini+iAl +rirnrninnMaintenance trimming shall occur
during the month of December, on an annual basis and shall
be performed so that the height level of the tree is lowered to
the height shown in the photograph taken from 7264 Berry
Hill Drive dated May 19, 2005, as shown in the attached
Exhibit "B" 1 yeaF ea�rTthe initial +rimming date, nr
antY: ea r Gh es A level that is 2 feet A nv®—thu Vearo
9 .
OF
ems ° ry® no nn ' n 'l \w/ill lily®I\/ (rill the tFee, rerun\/® thea
II. t crrr,.—rrrz..y rc-irn�c..—re-ru
Lea innlrlinn n Anel runt hall \a W fnliAn,o�
9 1
f
tt6kP theR la—
J #e8, '}'rpl LT�p�P+
P.C. Resolution No. 2006-51
Page 3 of 5
4ha» n 4fiaeent_Tfcnr .11innh hnv ST j��ta �iA_ c�
r
s
he pFevided by the applinantc in the area where the Pine 4ree
at 7264 rni Hill rlri� � � fiye_gallnn
s
Plants, plantedwhish ore to he planted n» the clone that is adjanent
underpinnings of the rdeGk that nUrrently are not cnreenerd hie
foliage. The new v }',�,n is he of me
d?#F�tFi=t� 8� yr e-�ar�-rte
variety oc the evi ting vegetatie» nn the cloneslepe aelian®»$ to
the e�enle ® n aePer/c\ the Pert�e o4 7264D-rne Hill
the ueGk.Th�vw reF�. ) o -err -vt-rry-'-rrrr
rive shall rnai» an all of fhefelinge that cnmensreenc the denlr
innlurding both $he evicting foliage a»r1�1l the ne�ae $nliage 4h a4 is
4n he nl.n»terd co t of the edcrtu�rs r-arcen1 are
Tn—
c�nreenerd $rem view.
2. Eucalyptus tree:
i. b Reduce the crown of the tree to the level of the
building pad located at 7256 Berry Hill yDrive, w
6 at tG 6 fee �tFee shaII alse ttI a shaped-cmc
After the initial trBFnR;iR , Maintenance trimming shall
occur on a semi-annual basis, during_ the months of
December and June and shall be performed so that the
height level of the tree is lowered to the height shown in the
photograph taken from 7256 Berry Hill Drive dated
December 2 2004 as shown in, the attached Exhibit "C"
b ing4hhs afteerrthe_initial_trimming�nte� or whoa
the- eaGh:7 es-aa-d that e �n.`,e the YEGURg
ii. Option 2! I?er n•�ee-th tree with ., i�ag® n,a,» ' �aa`rr1rct
ttFes then one /'I\ r - nn larger than a t�aeen$�e_
f
$ s�r innh hoy ci'e relenliaown r s�d an
cry-���c�t fo�agge�
by the appliGaRt.
A. _SiRGG the tFe
#imming to ensure that the ^--';GaRt views aFe restored. 4)RGe-4he
shall be A-GIGUmented--and
P.C. Resolution No. 2006-51
Page 4 of 5
Section 13: Any interested person aggrieved by this decision or any portion of
this decision may appeal to the City Council. Pursuant to Sections 17.02.040,
17.76.040(H) and 17.80.070 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 October 25, 2006.
PASSED, APPROVED, AND ADOPTED this 10th day of October 2006, by the following
vote:
AYES: Chairman Knight, Vice Chairman Gerstner, Commissioners Karp, Lewis,
Perestam, Ruttenberg, Tetreault
NOES:
ABSTENTIONS:
ABSENT:
, Aik
Jim KnEg-
Chairrn•
WIIP
Joe -ops, AICIF
Di ector •f Plan , Building and
Cede E forcem- t; and, Secretary
to t - - anning Commission
P.C. Resolution No. 2006- 51
Page 5 of 5
P.C. RESOLUTION NO. 2006-51
REVISION EXHIBIT "A"
AMENDED CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 161
1. Pine tree:
Reduce the crown of the tree to the level of the building pad located
at 7264 Berry Hill Drive. Maintenance trimming shall occur during the
month of December, on an annual basis and shall be performed so
that the height level of the tree is lowered to the height shown in the
photograph taken from 7264 Berry Hill Drive dated May 19, 2005, as
shown in the attached Exhibit "B".
2. Eucalyptus tree:
Reduce the crown of the tree to the level of the building pad located
at 7256 Berry Hill Drive. Maintenance trimming shall occur on a semi-
annual basis, during the months of December and June and shall be
performed so that the height level of the tree is lowered to the height
shown in the photograph taken from 7256 Berry Hill Drive dated
December 2, 2004, as shown in the attached Exhibit "C"
P.C. Resolution No. 2006-51
REVISION A
Page 1 of 1
P.C. RESOLUTION NO. 2006-51
REVISION EXHIBIT "B"
AMENDED CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 161
View from 7264 Berry Hill Dr, Rancho Palos Verdes CA
411
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P.C. Resolution No. 2006-51
Exhibit B
P.C. RESOLUTION NO. 2006-51
REVISION EXHIBIT "C"
AMENDED CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 161
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December 2, 2004 from 7256 Berry Hill Drive
P.C. Resolution No. 2006-51
EXHIBIT C