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PC RES 2003-060P C. RESOLUTION NO 2003-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO 116 TO TRIM AND REMOVE FOLIAGE AT 4222 STALWART DRIVE. WHEREAS, on February 19, 2003, Robert and Donna Lauck, owner of property located at 4122 Dauntless Drive and Mr Chia -Chuan and Mrs Trudy Lee, owner of property located at 4222 Dauntless 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 Hubert Mueller, at 4222 Stalwart 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 applicant and the foliage owners on October 8, 2003, and, WHEREAS, on November 25, 2003, 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 have a view, as defined by Section 17 02 040 of the City's Development Code, of Catalina Island, the shoreline and ocean. Section 2: The viewing area, as defined by Section 17 02 040 of the City's Development Code, from 4122 Dauntless Drive (Lauck) is the living and dining room. The primary viewing area from 4222 Dauntless Drive (Lee), as defined by Section 17 02 040 of the City's Development Code, is the living room Section 3: The applicants have a view that is significantly impaired by eleven (11) trees located at 4222 Stalwart Drive Section 4: The applicant has attempted to resolve the conflict with the foliage owners through letter contact and meetings Mr Mueller and the applicants attended the pre -application meeting, however no private agreement was reached Pursuant to the View Restoration Guidelines, the applicants have complied with the early neighbor consultation process W \View Restoration\VRP Cases\1 11-1 20\1 16 - Lee & Lauck\Draft Reso Dec 11 03 doc PC Resolution 2003-60 December 11, 2003 Section 5: Based on evidence provided by the applicants, the subject trees located at 4222 Stalwart Drive significantly impair the applicants' views 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. Section 6: The subject property is located less than one thousand (1,000) feet from the applicants' properties as the foliage owners property is within 200 feet of the Lee property located 4222 Dauntless Drive and 700 feet of the Lauck property located at 4122 Dauntless Drive. Section 7: The applicants' properties, Lot 100 of Tract 22387 (Lauck) and Lot 62 of Tract 22835 (Lee) and the foliage owner's property, Lot 75 of Tract 22835 (Mueller) were created in 1960. According to the Final Report on Controlled Compacted Filled Ground, dated August 16, 1960, it would appear that the trees were planted after the lots were created and the homes were built Grading procedures involved the following method, "Before placing fill the existing surface was stripped of vegetation, scarified, watered as required, and compacted" (P 1) Therefore the subject foliage did not exist before the creation of the applicant's lot Section 8 Trimming, removing, or lacing the foliage as recommended by Staff, will not cause an unreasonable infringement on the privacy of the foliage owner in that the view impairing trees do not currently provide privacy to the foliage owner. Many of the subject trees are located in the front yard of the residence and the recommended trimming height levels are at or above the roofline of the residence In addition, the recommended trimming of the subject trees located at the rear and side yard will not be trimmed below the level of the roofline Therefore, the recommended actions will not cause unreasonable infringement of the privacy of the foliage owner. Section 9: Trimming, removing or lacing 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 15300 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 removal of foliage at 4222 Stalwart Drive in order to restore the view at 4122 Dauntless Drive and 4222 Dauntless Drive, as provided in, and subject to, the conditions outlined in the attached Exhibit "A" W.\View Restoration\VRP Cases\111-120\116 - Lee & Lauck\Draft Reso Dec 11 03 doc PC Resolution 2003-60 December 11, 2003 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 116 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 December 2003 AYES: Commissioners Cartwright, Lyon, Cote, Vice Chairman Mueller NOES- None ABSTENTIONS None ABSENT: Commissioner Duran Reed Craig T. Mueller Vice Chairman aor of PIVnn g, mg 8 ) e Enforcement PC Resolution 2003- 60 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 116 1. Pine tree (labeled Tree No. 1) located at 4222 Stalwart Drive Remove the tree without replacement 2. Eucalyptus tree (labeled Tree No. 2) located at 4222 Stalwart Drive: Raise the crown by removing branches and foliage up to a maximum height of 20 feet (measured from the existing main rooftop of the Mueller residence) 3. Eucalyptus tree (labeled Tree No. 3) located at 4222 Stalwart Drive: Remove the tree without replacement 4 Eucalyptus tree (labeled Tree No. 4) located at 4222 Stalwart Drive: Remove the tree without replacement 5. Eucalyptus tree (labeled Tree No. 5) located at 4222 Stalwart Drive: Trim down to a height of 16 feet or the ridgeline, whichever is lower 6. Eucalyptus tree (labeled Tree No. 6) located at 4222 Stalwart Drive: Remove the tree without replacement. 7. Eucalyptus tree (labeled Tree No. 7) located at 4222 Stalwart Drive: Raise the crown by removing branches and foliage up to a maximum height of 20 feet (measured from the existing main rooftop of the Mueller residence). 8 Eucalyptus tree (labeled Tree No. 8) located at 4222 Stalwart Drive: Raise the crown by removing branches and foliage up to a maximum height of 20 feet (measured from the existing main rooftop of the Mueller residence). Said trimming shall include the complete removal of the northwest branch. 9 Yucca tree stand (labeled Tree No. 9) located at 4222 Stalwart Drive: W \View Restoration\VRP Cases\1 11-1 20\1 16 - Lee & Lauck\Draft Reso Dec 11 03 doc PC Resolution 2003-60 December 11, 2003 Trim down to a height of the foliage owner's ridgeline. 10 Yucca tree stand (labeled Tree No. 10) located at 4222 Stalwart Drive: Trim down to a height of the foliage owner's ridgeline. 11. Aleppo Pine tree (labeled Tree No. 11) located at 4222 Stalwart Drive: Trim down the crown of the tree to a height not to exceed 16 feet 12. 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 13. 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, or as specified above, if different, beginning one year after the initial trimming of the foliage is completed and verified by Staff 14 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 applicant 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 option, either in writing or in public testimony during the public hearing, then the applicant 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 WE (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 15 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. 16 No sooner than one year after the initial trimming is completed, pursuant to Section VI -J of the Guidelines (Commission Action), City Staff shall report to the W \View Restoration\VRP Cases\111-120\116 - Lee & Lauck\Draft Reso Dec 11 03 doc PC Resolution 2003-60 December 11, 2003 Commission as to the adequacy of the maintenance schedule, as well as the foliage owners' ability to maintain the foliage in compliance with these conditions of approval. The Commission shall consider the Staff report and determine if a public hearing to amend the conditions is necessary. If the Commission determines that a hearing is necessary, then a hearing will be held pursuant to Section VW of the View Restoration Guidelines and Procedures 17 The applicant shall, not later than 30 days after approval of this permit, 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 arbonst 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. 18 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 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, 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. 19 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 20 The applicant may withdraw the view restoration request and the trust account funds if the applicant does so within five (5) 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 21 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 a view from another 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 W \View Restoration\VRP Cases\111-120\116 - Lee & Lauck\Draft Reso Dec 11 03 doc PC Resolution 2003-60 December 11, 2003 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 22 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 23 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 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 24 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 applicants' viewing area along with a "Documentation of Existing Foliage or View" form available at the Planning, Building & Code Enforcement Department W \View Restoration\VRP Cases\1 11 -1 20\1 16 - Lee & Lauck\Draft Reso Dec 11 03 doc P C Resolution 2003-60 December 11, 2003 VVYViewRemtorobmnYVRPCaoeo\ 11-12O\ 1G -Lee& 1_03 doo PC Resolution 2003-60