PC RES 2003-061P C RESOLUTION NO 2003-61
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VIEW
RESTORATION PERMIT NO 138 TO TRIM AND LACE
FOLIAGE LOCATED IN THE HOA COMMON AREA
ADJACENT TO 2 PASEO DE CASTANA
WHEREAS, on April 25, 2003, Mr and Mrs Reginald Qualls, owner of property
located at 2 Paseo De Castana (herein "the applicant"), 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 the Rancho
Palos Verdes Estates Homeowner's Association (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 August 21, 2003, and,
WHEREAS, on November 25, 2003, after all voting members of the Planning
Commission had visited the saes, 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 applicant at 2 Paseo De Castana has a view, as defined by Section
17 02 040 of the City's Development Code, of the ocean and city lights.
Section 2: The applicant's viewing area, as defined by Section 17.02 040 of the
City's Development Code, is from the living room and rear yard upper patio and deck of 2
Paseo De Castana
Section 3: The applicant has a view that is significantly impaired by five (5) Italian
Stone Pine trees located in the common area of the Rancho Palos Verdes Estates
Homeowner's Association
Section 4: The applicant has participated in the required pre -application process
thus, pursuant to the View Restoration Guidelines, the applicant has complied with the
early neighbor consultation process.
Section 5: Based on evidence provided by the applicant, the subject trees located
in the common area adjacent to 2 Paseo De Castana significantly impair the applicant's
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view. All of the subject foliage exceeds the height of the ridgelsne of the primary structure
or 16 feet and significantly impairs the view from the applicant's viewing area.
Section 6: The subject property is located less than one thousand (1,000) feet
from the applicant's property in the Association common area. The common area abuts
the applicant's property
Section 7: The applicant's property, Lot 1 of Tract 33206 and the Association
common area were created in 1979 According to the preliminary geology and soil
engineering report, dated April 18, 1973, "prior to placement of compacted fill, the site
shall be cleared of all vegetation, loose topsoil, debris, and any other deleterious
materials"
Section 8: As noted previously, the foliage in question is located in the common
area entryway directly adjacent to the Qualls residence only Therefore, trimming and
lacing the subject foliage as recommended by Staff will not cause an unreasonable
infringement on the privacy of the foliage owner since the foliage does not currently
provide privacy to the foliage owner
Section 9: Trimming and lacing the subject trees as identified in the attached
Conditions of Approval (Exhibit "A"), is necessary in order to restore the applicant's 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 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 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 lacing of foliage located in the
common area adjacent to 2 Paseo De Castana to order to restore the view at 2 Paseo De
Castana, as provided in, and subject to, the conditions outlined in the attached Exhibit
"All
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. 138 subject to the
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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, Vice Chairman Mueller
NOES- None
ABSTENTIONS Commissioner Cote
ABSENT. Commissioner Duran Reed
Craig T Mueller
Vice Chairman
icor of Plalp �n,
ing & Code Enforcement
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO 138
1 Remove Tree No 1 with the consent of the foliage owner and heavily lace and
shape trees 2 through 5
2 If the foliage owner does not consent to the removal of Tree No. 1, then the
following shall occur- Tree No 1 shall be trimmed to the level of the applicant's
rear yard fence (as shown in the attached Exhibit A), laced heavily and shaped;
trees 2 and 3 shall be laced heavily and shaped, and the crowns of trees 4 and 5
shall be raised to create a window through the trees to a height that is roughly 10
to 12 feet above the applicant's lowest pad elevation or to the level of the solid
line shown in the attached Exhibit A.
Said trimming, on all trees shall occur on an annual basis during the cooler
months of the year (Nov. - Mar.) and under the supervision of the City's
arborist and/or member of the View Restoration Staff.
3. Upon completion of said trimming, if additional foliage on the subject property is
found to be significantly impairing the view, then the additional offending foliage
shall be laced and shaped and/or trimmed to a height as not to impair the view
from the applicant's property
4 Since the tree levels described in Condition 2 are approximates, adjustments to
the trimming levels may be made by Staff during the initial trimming to ensure
that the applicant's view is restored Once the trimming is complete, the restored
view shall be documented and subsequent growth will be allowed to grow up to
one year after the initial trimming
5 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.
6. 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 arbonst that a longer monitoring period is necessary for a specific type of
tree or shrub However, if the city arbonst determines that culling, lacing, or
trimming said tree or shrub will in all probability cause the tree or shrub to die,
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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 VI -E (Commission Action) of these Guidelines
If the work is performed by the foliage owner, said forage 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
7 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
8 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
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 VI -J of the View Restoration Guidelines and Procedures.
9. 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
10 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
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11. 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
12.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.
13 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
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.
14 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
15. 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
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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.
16 Subsequent to the trimming or removal of the foliage, the applicant 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 applicant's viewing area along with a
"Documentation of Existing Foliage or View" form available at the Planning,
Building & Code Enforcement Department.
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