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PC RES 2007-056 P.C. RESOLUTION NO. 2007-56 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 2007-00007 TO TRIM AND REMOVE FOLIAGE LOCATED AT 2143 DALADIER DRIVE. WHEREAS, on May 11, 2007, Mr. and Mrs. Maisner, owners of property located at 37 Avenida Corona and Mr. and Mrs. Drociak, property owners located 38 Avenida Corona (herein "the Applicants"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore views from their properties that are significantly impaired by foliage owned by Mr. and Mrs. Galletti, at 2143 Daladier 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 19, 2007; and, WHEREAS, on July 24, 2007, 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, the item was continued to August 28, 2007; and, WHEREAS, on August 28, 2007, 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. As defined by Section 17.02.040 of the City's Development Code, the applicant at 37 and 38 Avenida Corona have views of City Lights, Los Angeles Harbor, Vincent Thomas Bridge and Ocean. Section 2: The Applicant's viewing area at 37 Avenida Corona, as defined by Section 17.02.040 of the City's Development Code, is from the living room, front den ("office"), and master bedroom. The Applicant's viewing area at 38 Avenida Corona, as defined by Section 17.02.040 of the City's Development Code, is from the living room. Section 3: The Applicants, Mr. & Mrs. Maisner at 37 Avenida Corona and Mr. & Mrs. Drociak at 38 Avenida Corona have views that are significantly impaired by eighteen (18) trees and one (1) hedge/tree mix. Section 4: On February 14, 2007, four property owners on Avenida Corona including Mr. & Mrs. Maisner at 37 Avenida Corona and Mr. & Mrs. Drociak at 38 Avenida Corona submitted a Notice of Intent to File for View Restoration Application No. 2007-00007. On February 28, 2007 Staff and the View Restoration Mediator met with Mrs. Gail Galletti to discuss the matter of view impairment in an effort to work out a P.C. Resolution 2007-56 September 11, 2007 mutually acceptable agreement between the four Applicants and the Foliage Owner. Subsequent to that meeting, the Mediator facilitated communications between the Applicants and the Foliage Owner. Since the Applicants believed that the Foliage Owner and themselves reached an impasse in the negotiations that could not be resolved through mediation, the Applicant's elected not to continue with the mediation process (see Early Neighbor Correspondence, Attachment "4"). Therefore, in accordance with Section V (A) of the View Restoration Guidelines, the Applicants have complied with the early neighbor consultation process. Section 5: All of the foliage that Staff is recommending for trimming and/or removal is greater than 16 feet in height and exceeds the ridgeline of the primary structure and significantly impairs the view of the City Lights of San Pedro/Long Beach, Los Angeles Harbor, and Ocean (San Pedro Bay) from the Applicants' viewing areas. Section 6: The foliage owner's property at 2143 Daladier Drive is 130 feet from the closest property line of the Applicant's property at 37 Avenida Corona and 100 feet from the closest property line of the Applicant's property located 38 Avenida Corona. Section 7: The foliage owner's property, Lot No. 20 of Tract Map 21143, was created in June 1956. The Record of Survey Map, Book 64, indicates that the Applicant's lot at 37 Avenida Corona was created in March 1950. An aerial photograph taken during the early development of Avenida Corona indicates that no trees existed at the present location of 2143 Daladier Drive in 1953. This aerial photograph (Fairchild Collection, Flight C-19715, Frame S4, October 20, 1953) documents that Tract No. 21143, which contains the lot where the Foliage Owner's property is located, was devoid of trees and had not been graded for the development of residences or infrastructure such as streets. In addition, the City's records for the Applicant's lot at 38 Avenida Corona indicate that the lot had been legally created in 1958. Though the foliage owner's property had been created in 1956, grading on the foliage owner's lot had been completed until December 27, 1960. At the time of lot creation in 1958 (Drociak), the condition of the lot at 2143 Daladier had not been improved with landscaping, infrastructure nor a residential structure. Therefore, there is reasonable evidence to conclude that the trees subject to the View Restoration Permit application request were not view impairing trees at the time the Applicants' lots were created in 1950. Section 8: Removal or trimming the foliage as recommended by Staff will not cause an unreasonable infringement on the privacy of the foliage owner in that the portions of the trees impairing the view do not currently provide privacy to the foliage owner's residence. Furthermore, there is no pre-existing privacy as the rear portion of the Foliage Owner's residence area can be currently observed from surrounding properties such as 36 and 38 Avenida Corona. As such, removal and/or trimming of the trees will not cause unreasonable infringement of the privacy of the Foliage Owner. Section 9. The subject properties are not located in the Miraleste Recreation and Park District. Page 2 of 7 P.C. Resolution 2007-56 September 11, 2007 Section 10- Trimming and removal of the subject trees as identified in the attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the Applicants' views. Section 11: Pursuant to Section 15304 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 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 Planning Commission hereby orders the trimming or removal of foliage at 2143 Daladier Drive in order to restore the views at 37 and 38 Avenida Corona, as provided in and subject to, the conditions outlined in the attached Exhibit "A". Section 13. Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17. 02.040 (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 September 11, 2007, the date of the Planning Commission's final action. Section 14: . 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. 2007-00007 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 11th day of September 2007. AYES: ' Commissioners Knight, Lewis, Ruttenberg, Tetreault, Vice Chairman Perestam, Chairman Gerstner NOES: None ABSTENTIONS: commissioner Karp RECUSALS: None ABSENT: None -7 io ) Bill Gerstner Chairman Joel *'as Jr Di ct of Plan�i , B ildi g & Code Enforcement Page 3 of 7 P.C. Resolution 2007-..56 September 11, 2007 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2007-00007 1. Eucalyptus tree (labeled Tree Nos. 11): Raise the crown by removing the lower foliage and non-structural branches up to the height level indicated by the dashed blue line shown in Attachment "2" of the July 24, 2007 P.C. Staff Report. Said trimming shall include lacing the upper portion of remaining crown. 2. Eucalyptus trees (labeled Tree Nos® 2-11): Remove the Eucalyptus trees. Said removal shall include stump grinding or flush cutting to existing grade. 3. Canary Island Pine tree (labeled Tree No. 12): Raise crown to the height level indicated by the dashed blue line shown in Attachment "2" (July 24, 2007 P.C. Staff Report) during cooler months of the year (November-March) with the initial trimming to occur between November 1, 2007 and January 31, 2008. Said trimming shall include lacing the upper portion of remaining crown. 4. Canary Island Pine trees (labeled Tree os® 13-15)- Heavily lace trees during cooler months of the year (November- March) with the initial trimming to occur between November 1, 2007 and January 31, 2008. 5. Ginkgo tree (labeled Tree No® 1 )® Reduce the crown to the height of the dashed red line shown in Attachment "2" of the July 24, 2007 P.C. Staff Report. Tree trimming shall occur during the summer months no later than the end of August 2008. 6. Aleppo Pine tree (labeled Tree No. 17): Remove the Aleppo Pine tree. Said removal shall include stump grinding or flush cutting to existing grade. The applicants shall also pay the expense for two (2) replacement trees, no larger than 24- inch box size. 7. Cedar tree (labeled Tree No. 18): Of the two topmost vertical branches, reduce the height of the tallest branch 6-8 feet. Subsequently, the foliage owner shall annually maintain the height and breadth of the tree. Initial trimming Page 4 of 7 P.C. Resolution 2007-56 September 11, 2007 shall include post-trimming treatment, which may include, but not limited to chemical injections, if such post-trimming measures are likely not to cause undue injury or harm to the tree as determined by a licensed arborist. 8. Kedge/ Tree Mix (labeled Tree No. ): Reduce the tree/hedge to the height of the roofline level, which is the same as the dashed red line level shown in Attachment "2" of the July 24, 2007 P.C. Staff Report. 9. Palm trees (labeled Tree No. -24)a No action at this time. 10.Upon completion of Condition Nos. 1-8, if additional foliage on the subject property is found to be significantly impairing the views from the determined viewing areas, then the offending foliage shall be trimmed to a height as not to significantly impair the view from the Applicants properties and the Applicants shall be responsible for the additional trimming costs. 11.The foliage owner shall be responsible to maintain the foliage in such a manner as to not significantly impair the applicants' views 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. 12.If any tree that is ordered to be laced or trimmed dies within one year of the initial work being performed due to the performance of the work, the Applicants 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. 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. 13.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. 14.The foliage owner shall select a contractor from the estimate(s) provided by the applicants or another licensed firm of their choice subject to approval by the City, Page 5 of 7 P.C. Resolution 2007-56 September 11, 2007 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. 15.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 applicants 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. 16.The applicants may withdraw the view restoration request and the trust account funds if the applicants do so within five (6) days after the applicants 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. 17.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 applicants' properties 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 applicants from the City trust account not later than 30 days after the expiration of the time period stipulated above. 18.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 applicants' 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 19.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 Page 6 of 7 P.C. Resolution 2007-56 September 11, 2007 enforcement process to authorize a bonded tree service to perform the work at the subject property at the foliage owner's expense, and the applicants' 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. 20.Subsequent to the trimming or removal of the foliage, the, restored view shall be documented by Staff. The photographic documentation shall be kept on file at the Planning, Building and Code Enforcement Department and used as a benchmark by City Staff for making a determination of significant view impairment in any future view preservation enforcement actions. If foliage not subject to this View Restoration Permit should grow and impair the documented views, said foliage shall be considered significant view impairing foliage and shall be trimmed or removed by the Foliage Owner to match the view shown on the documented photograph. Page 7 of 7 P.C. Resolution 2007-56 September 11, 2007