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PC RES 2009-037 P.C. RESOLUTION NO. 2009-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 2009-00020 TO TRIM AND/OR REMOVE FOLIAGE LOCATED AT 28822 AND 28804 LOMO DRIVE. WHEREAS, on July 16, 2009, Mr. Raymond Lawrence Groves, Jr., Mr. Wesley G. Coss, and Mr. & Mrs. Nihal & Achini Kuruppu, owners of property located at 28831, 28827 and 28803 Leah Circle, respectively, (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. & Mrs. Hartuv at 28822 Lomo Drive and Mr. & Mrs. Perez at 28804 Lomo Drive, (herein "the Foliage Owners"), 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 Owners on August 6, 2009; and, WHEREAS, on September 8, 2009, 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: Section 1: As defined by Section 17.02.040 of the City's Development Code, the Applicants at 28831, 28827 and 28803 Leah Circle have a view of the ocean, offshore Islands (Catalina, Santa Barbara, Santa Cruz), coastline and the Santa Monica Mountains. Section 2: The Applicant's viewing area at 28831 Leah Circle, as defined by Section 17.02.040 of the City's Development Code, is from the family room. The Applicant's viewing area at 28827 Leah Circle, as defined by Section 17.02.040 of the City's Development Code, is from the living room. The Applicant's viewing area at 28803 Leah Circle, as defined by Section 17.02.040 of the City's Development Code, is from the living room. Section 3: The Applicants at 28831, 28827 and 28803 Leah Circle have a view that is significantly impaired by twelve (12) trees located at 28822 Lomo Drive and six (6) trees located at 28804 Lomo Drive. Section 4: On March 25, 2009, Mr. Raymond Lawrence Groves, Jr. & Mr. Wesley G. Coss, (and another property owner who has since withdrawn from the application) submitted a Notice of Intent to File for View Restoration Application No. 2009-00020, which requested a pre- application meeting with Mr. & Mrs. Hartuv and Mr. & Mrs. Perez, owners of foliage located at 28822 Lomo Drive and 28804 Lomo Drive, respectively. Staff accordingly scheduled a pre- application meeting between two of the Applicants (Mr. Groves & Mr. Coss) and the Foliage Owners (Mr. & Mrs. Hartuv) on April 24, 2009 and between the other Applicant (Mr. & Mrs. Kuruppu) and the Hartuvs on May 15, 2009. On April 24, 2009 and May 15, 2009, a pre- application meeting was held with the View Mediator, Staff, the Applicants and the Foliage P.C. Resolution 2009- 37 Page 1 of 10 Owners (Hartuvs). Additional communication occurred between the Applicants, Foliage Owners & View Mediator; however, all parties involved were not able to come to an agreement. Thus, the Applicant was released to formally file the View Restoration application request. Therefore, in accordance with Section -V (A) of the View Restoration Guidelines, the Applicant has complied with the early neighbor consultation process. Section : All of the foliage that Staff is recommending for trimming and/or removal exceeds 16 feet and significantly impairs the view from the Applicants' viewing areas. Section 6m The Foliage Owners' properties at 28822 Lomo Drive and 28804 Lomo Drive are located less than 1,000 feet from the Applicants' properties at 28831, 28827 and 28803 Leah Circle. Section 7® Both of the Foliage Owners' lots were created in May 1962 by Tract No. 27134. The Applicants' lots were created in July 1968 by Tract No. 27936. The approved grading plans for the Tract indicate that the lots now addressed as 28804 and 28822 Lomo Drive were part of an excavation and compacted fill operation. The grading plans show that the natural ground was to be stripped, scarified and compacted, thus the Foliage Owners' trees were not planted until after the Foliage Owners' lots were created and graded. Photos taken from 28803 Leah Circle in 1979 and 28831 Leah Circle in 1978 also indicate that the trees on the Foliage Owners' properties would not have existed as view-impairing trees when the Applicants' lots were created. 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. Section 8: Removal or trimming of the foliage as recommended by Staff will not cause an unreasonable infringement on the privacy of the Foliage Owners in that the Applicants' rear yards are not visible from the applicant's viewing areas. Specifically, the Foliage Owners' residence and rear yard are not visible from the Applicants' viewing areas due to the elevation difference between the properties. Also, from the rear yard of the Hartuv property, as well as from the second story balcony, portions of the Applicants' second-story windows are already visible through the existing foliage. As such, removal and/or trimming of the trees will not cause an unreasonable infringement of the privacy of the Foliage Owners. Section 9m 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 1 : 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 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). This finding, demonstrates that the decision complies with the provisions of CEQA because the decision does not cause any significant adverse environmental impacts. Since the subject trees are not considered to be scenic or mature trees as identified in the City's General Plan, the environmental impacts due to trimming and/or removal are insignificant. 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 28804 and 28822 Lomo Drive in order to restore the view at 28831, 28827 and 28803 Leah Circle, as provided in and P.C. Resolution 2009- 37 Page 2 of 10 subject to, the conditions outlined in the attached Exhibit "A", which is incorporated herein by this reference. 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 134 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. 2009-00020 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 8th day of September 2009. AYES: Commissioners ssloners ight, Perestam, Ruttenberg a Tetrault, Vice Chairman Gerstner, Chairman Lewis NOES: 'one ABSTENTIONS: None ABSENT: Commissioner Tomblin RECUSALS: None e e ' rm Joel R jas Direct r of lanning, Buildin Code Enforcement P.C. Resolution 2009- 37 Page 3 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 2009-00020 1. Canary Island Pine tree (labeled Tree No. 1) located at 28822 Lorno rives Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-March). Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section VIII of the View Restoration Guidelines. 2. Canary Island Pine tree (labeled Tree No, 2) located at 28822 Lorno rive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-March). Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section VIII of the View Restoration Guidelines. 3. Canary Island Pine tree (labeled Tree No. 3) located at 28822 Lorno rive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-March). 4. ,Aleppo Pine tree (labeled Tree No. ) located at 28822 Loma rive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-March). P.C. Resolution 2009- 37 Page 4 of 10 Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section VIII of the View Restoration Guidelines. 5. Evergreen Ash tree (labeled free No® 5) located at 28822 Lorno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 6. Aleppo Pine tree (labeled gree No. ) located at 28822 Lorn® rive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-march). Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section Vill of the View Restoration Guidelines. 7. Pittosporu (labeled Tree No. 7) located at 28822 Lorno Drive Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 8. Aleppo Pine tree (labeled Tree No. 8) located at 2 822 Lorno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year (November-march). Or P.C. Resolution 2009- 37 Page 5 of 10 With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section Vlll of the View Restoration Guidelines. 9. Aleppo Pine tree (labeled Free No. ) located at 28822 Lorno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Tree trimming shall occur during the cooler months of the year(November-March). Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section Vlll of the View Restoration Guidelines. 10. Pittosporum (labeled Free No. 10) located at 28822 Lorno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 11. Evergreen Ash tree (labeled Tree No. 11) located at 28822 L.orno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 12. California Pepper tree (labeled Tree No. 12) located at 28822 Loma rive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs P.C. Resolution 2009-37 Page 6 of 10 may grow up to impair the view, they may be subject to View Preservation Permit action according to Section VIII of the View Restoration Guidelines. 13. Canary Island Pine free (labeled 'Tree No. 1 ) located at 28804 Lorno Drives Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. Or With the consent of the Foliage Owners, remove tree and replace with two 24-inch box size trees. However, in no case shall the new replacement trees or shrubs immediately impair the view. And as the trees or shrubs may grow up to impair the view, they may be subject to View Preservation Permit action according to Section VIII of the View Restoration Guidelines. 14. Canary Island Pine"Tree (labeled Tree No. 14) located at 28804 Lorno Drive, Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 15. Canary Island Pine'Tree (labeled free No. 15) located at 28804 Lorno rive, Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 16. Canary Island Pine Tree (labeled 'Tree No. 1 ) located at 28804 Lomo Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 17. Canary Island Pine Free (labeled Tree No. 17) located at 28804 Lorno rive, Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. P.C. Resolution 2009- 37 Page 7 of 10 18. Evergreen Elm Tree (labeled 'free No. 1 ) located at 28804 Lorno Drive: Reduce the crown to the dashed red line as shown in Exhibit D in order to restore the view of the ocean and Catalina Island as viewed from the viewing area at 28803 Leah Circle. 19. Upon completion of Condition Nos. 1-18, if additional foliage on the subject properties 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 Applicants' properties and the Applicants shall be responsible for the additional trimming costs. 20. The Foliage Owners 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, beginning one year after the initial trimming of the foliage is completed and verified by Staff. 21. The Foliage Owners 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 beginning one year after the initial trimming of the foliage is completed and verified by Staff. 22. 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 Owners. 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 Owners, said Foliage Owners 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. 23. 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 to 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. 24. The Foliage Owners 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, to perform the required work. However, the Foliage Owners shall only be reimbursed for the amount of the lowest bid submitted by the Applicant. If the Foliage Owners choose to do the required work themselves (instead of by a licensed landscape or licensed tree service), then the Foliage Owners shall not be compensated from the trust account and the amount in the trust account shall be refunded to the Applicant. P.C. Resolution 2009- 37 Page 8 of 10 25. The Applicants may reduce the scope of the trimming required by this Permit by giving the City and the Foliage Owners 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. 26. The Applicants may withdraw the view restoration request and the trust account funds if the Applicant does so within five (6) days after the Applicant sends the estimate required herein. In the event that the Applicant withdraws the request in a timely manner, the Foliage Owners are not required to perform the work specified by this Permit and this Permit is of no further force and effect. 27. The Foliage Owners 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 Owners' expense. In the event that the City is required to perform the work at the Foliage Owners' 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. 28. Upon completion of the work, the Foliage Owners 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 Owners not later than 30 days after receipt of the appropriate billing as verified by City Staff. If the paid invoice submitted by the Foliage Owners is for an amount less than the funds in the City's trust account, the Foliage Owners 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 Owners is for an amount that exceeds the funds in the City's trust account, the Foliage Owners shall only receive the funds from the City trust account and the Foliage Owners shall be responsible for paying the difference 29. 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 Owners' expense, and the Applicant's deposit will be refunded. In the event that the City is required to perform the work, the Foliage Owners 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 Owners' property if the invoice is not paid. 30.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 P.C. Resolution 2009- 37 Page 9 of 10 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 Owners to match the view shown on the documented photograph. P.C. Resolution 2009-37 Page 10 of 10