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PC RES 2008-045 P.C. RESOLUTION 0. 2008-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT O. 2008-00007 TO TRIM AND/OR REMOVE FOLIAGE LOCATED AT 28814 LEAH CIRCLE. WHEREAS, on August 14, 2008, Mr. and Mrs. Ng, owners of the property located at 28715 Doverridge Drive (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Pe it") to restore a view from their property that Is significantly impaired by foliage owned by Mr. and Mrs. McFarland, at 28814 Leah Circle (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 Applicant and the foliage owner on October 11, 2008; and, WHEREAS, on November 11, 2008, after all eligible voting members of the Planning 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 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: §2g,tion 1® As defined by Section 17.02.040 of the City's Development Code, the applicant at 28715 Doverridge Drive has a view of the Ocean. 1q_ctlon I The applicant's viewing area at 28715 Doverridge Drive, as defined by Section 17.02.040 of the City's Development Code, is from the family room and dining room. Section j: The applicant at 28715 Doverridge Drive has a view that is significantly impaired by nine (9)trees located at 28814 Leah Circle. action A. On March 31, 2008, Mr. and Mrs, Ng, submitted a Notice of Intent to File for View Restoration Application No. 2008-00007, which requested a pre- application meeting with Mr. and Mrs. McFarland, owner of.foliage located at 28814 Leah Circle. Staff accordingly scheduled a pre-application meeting between the Applicant and the Foliage Owner on May 16, 2008. On May 16, 2008 a pre-application meeting was held with the View Mediator, Staff, the Applicant and the Foliage Owner. Additional communication occurred between the Applicant, Foliage Owner & View Mediator and a private agreement was drafted, however, this agreement was not finalized. Thus, the Applicant was released to formally file the View Restoration P.C. Resolution 2008-45 November 11,2008 application request. And therefore, in accordance with Section V (A) of the View Restoration Guidelines, the Applicant has complied With the early neighbor consultation process. SeLtig_n I.: All of the foliage that Staff. is recommending for trimming and/or removal exceeds the ridgeline of the primary structure and significantly impairs the view from the Applicant's view of the Ocean. §action I- The foliage owners property at 28814 Leah Circle is located less than 1,000 feet from the applicant's property !at 28715 Doverridge Drive. The rear property line of the foliage owner's property at 28814 Leah Circle abuts the rear property line of applicant's property at 28715 Doverridge Drive. Section L., Both the Applicant's lot and the Foliage Owner's lot were created in July 1968 by Tract No. 27936. The approved grading plans for the Tract indicate that dry farming and high weeds existed prior to the grading of the lots, and that the natural ground was stripped as part of that grading. As such, the foliage significantly impairing the view did not exist as view impairing vegetation, when the lot from which the view is taken was created. Sec ion 1: 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 tree crowns impairing the view do not currently provide privacy to the foliage owner's residence. More specifically, from the applicant's viewing area, most of the view impairing foliage is located above the foliage owners residence so as not to provide effective screening for the residence. Also, the foliage owner's rear yard and residence are already visible as observed from the edge of the applicant's rear yard. As such, removal and/or trimming of the trees will not cause unreasonable infringement of the privacy of the foliage owner. Sac j2n I: Trimming and/or removal of the subject trees as identified in the attached Conditions of Approval (Exhibit "A"), is necessary in order to restore the applicants view. Section 10: 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. Sec ion 11: used 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 28814 Leah Circle in order to restore the View at 28715 Doverridge Drive, as provided in and subject to, the conditions outlined in the attached Exhibit"A". P.C.Resolution 2008-.4 5_ November 11,2008 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. 2008-00007 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 November 2008. AYES: Commissioners Knight, Ruttenberg, Tetreault, Tomblin, Vice Chairman Lewis, Chairman Perestam NOES: None ABSTENTIONS: commissioner Gerstner ABSENT: None RECUSALS: None Stephen Perestarn Chairman Joeltoja Dire for f Planni uild B j g Code Enforcement P.C. Resolution 2008- 45 November 11, 2008 EXHIBIT"A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT O. 2008-00007 1. Pine tree (labeled Tree No. 2): Reduce the crown to the solid yellow line in Exhibit 2 in order to provide a view of the Ocean. Tree trimming shall occur during the cooler months of the year(November-March). Or With the consent of the foliage owner, remove tree and replace with one 24-Inch box size tree or shrub. *However, in no case shall the new replacement tree or shrub immediately impair the view. And as the tree or shrub may grow up to impair the view, it may be subject to View Preservation Permit action according to Section Vill of the View Restoration Guidelines. 2. Pine trees (labeled Tree No. I &Trees No. 3-9): Raise crown as defined in View Restoration Guidelines Section VI.A.3.a, removing all lower branches and foliage to the height of the dashed white line shown in Exhibit B. Tree trimming shall occur during the cooler months of the year(November® arch). Or With the consent of the foliage owner, remove trees and replace each with one (24) inch box size tree. However, in no case shall the new replacement tree immediately impair the view. And as the tree may grow up to impair the view, it may be subject to View Preservation Permit action according to Section Vill of the View Restoration Guidelines. 3. Upon completion of Condition Nos. I & 2, if additional foliage on the subject property is found to be impairing the view from the determined viewing area, then the offending foliage shall be trimmed so as not to significantly impair the view from the Applicant's property and the Applicants shall be responsible for the additional trimming costs. 4. The foliage owner shall be responsible to maintain the foliage in such a manner as to not significantly impair the applicants view by trimming the foliage specified in this permit on an annual basis, beginning one year after the initial trimming of the foliage is completed and verified by Staff. P.C. Resoluflon 2008-i_5 November 11, 2008 5. If any tree that is ordered to be trimmed dies within one year of the initial work being performed due to the performance of the work, the applicant 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 fo$iage 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 6.24.060 (property maintenance) of the RPV Municipal. . The appli nt 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 applicant 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. 7. 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 applicant. 6. 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 that the applicant has chosen to eliminate would then require an entirely new View Restoration application and fee. . The applicant may withdraw the view restoration request and the trust account funds if the applicant does so within flue ( ) days after the applicant 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. 10.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 R.C. Resolufion 2008-.i_5 65 (November 11,2008 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 speci€ied 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. 11.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 12.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. 13.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 up and impair the documented view, said new foliage shall be considered significant view impairing foliage and shall be trimmed by the foliage owner to match the view shown on the documented photograph. P.C. Resolution 2008-.15_ 5 November 11,2008