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PC RES 2004-015PC RESOLUTION NO. 2004-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 165 TO TRIM OR REMOVE FOLIAGE AT 5434 MANITOWAC ROAD. WHEREAS, on July 11, 2003, Ms Alberta Spolher, owner of property located at 5417 Littlebow Road, Mr and Mrs. Fukunaga, owner of property located at 5411 Littlebow Road, and Mr and Mrs Lee, owner of property located at 5403 Littlebow Road (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 Ms. Hilde Aberle, at 5434 Manitowac Road (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 February 18, 2004, and, WHEREAS, on March 23, 2004, the Planning Commission continued the matter to the April 13, 2004 Planning Commission hearing, and, WHEREAS, on April 13, 2004, 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 Section 1: The applicant at 5417, 5411, and 5403 Littlebow Road have a view, as defined by Section 17.02 040 of the City's Development Code, of the Ocean, City Lights, and Grandview Park Section 2: The applicants' viewing area at 5417 and 5403 Littlebow Road, as defined by Section 17.02 040 of the City's Development Code, is from the living room The applicant's viewing area at 5411 Littlebow Road, as defined by Section 17.02 040 of the City's Development Code, is from the living room and master bedroom Section 3: The applicant at 5417 Littlebow Road has a view that is significantly impaired by four (4) trees and the applicant at 5411 Littlebow Road has a view that is significantly impaired by seven (7) trees located at 5434 Manitowac Road The applicant at 5403 Littlebow Road does not have a view that is significantly impaired by foliage located at 5434 Manitowac Road. W \View RestorationWRP Cases\161 - 170\165 - Lee & Fukunaga & Spolher & Thek\PC Resolution 2004-15 doc PC Resolution 2004-15 April 13, 2004 Section 4: On June 10, 2003, the applicants and the foliage owner attended a pre - application meeting with the City After several months of negotiation, the applicants informed the City that an agreement could not be reached with the foliage owner Since the applicants and the foliage owner could not resolve the matter privately, the applicants were released to formally file the View Restoration application request Therefore, in accordance with Section V of the View Restoration Guidelines, the applicants have complied with the early neighbor consultation process Section 5: Based on evidence provided by the Staff, the subject trees located at 5434 Manitowac Road significantly impair the view All of the subject foliage exceeds the height of the ridgelme of the primary structure or 16 feet and significantly impairs the view from the applicant's viewing area at 5417 and 5411 Littlebow Road Section 6: The foliage owner's property at 5434 Manitowac Road is located within 1000 feet of the applicants' properties at 5417 and 5411 Littlebow Road Section 7: All of the properties that are a part of this application were created in 1961 under Tract No 25817 (Exhibit F) When the subject lots were created, the tract was stripped of all vegetation during the mass grading. Standard grading procedures require all vegetation to be stripped and removed Therefore the subject foliage did not exist before the creation of the applicants' lots Section 8: The recommended trimming of the subject trees will not increase the visibility of the foliage owner's residences from the applicant's property. The portion of the foliage that impairs the view is above the foliage owner's roofline. The foliage located on the rear yard will not be trimmed below the 16 feet or the ridgeline of the foliage owner's residence Therefore, trimming the subject foliage will not cause an unreasonable infringement of the privacy of the occupants of the property upon which the foliage is located. Section 9: Trimming and/or removing 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 15700 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/or removal of forage at 5434 W Mew Restoration\VRP Cases\161 - 170\165 - Lee & Fukunaga & Spolher & Thek\PC Resolution 2004-15 doc PC Resolution 2044-15 April 13, 2004 Manitowac Road in order to restore the view at 5417 and 5411 Littlebow Road, as provided in, and subject to, the conditions outlined in the attached Exhibit "A" 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 165 subject to the Conditions of Approval contained in the attached Exhibit "A", which are necessary to prptect the public health, safety and welfare PASSED, APPROVED, AND ADOPTED on the 13th day of April 2004 AYES. Commissioners;Mueller, Cote, Cerstner, Karp, Knight, Tetreault, and Van Wagner NOES. None ABSTENTIONS- None ABSENT None raig Mueller Chairman W \View RestorationlVRP Casesl161 - 1701165 - Lee & Fukunaga & Spolher & Thek1PC Resolution doc PC Resolution 2004-15 April 13, 2004 y EXHIBIT APPROVAL y VIEW RESTORATION .CONDITIy PERMIT 1! • 1. Aleppo Pine tree (labeled Tree No. 1): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 3-4 feet from the top of the crown. The initial trimming shall occur between the months of November - January, no later than January 31st. 2. Torrey Pine tree (labeled Tree No. 2): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 15 feet from the top of the crown The initial trimming shall occur between the months of November - January, no later than January 31st 3. Eucalyptus tree (labeled Tree No. 3): Reduce the tree to a height of 3 feet, as measured from the base. The initial trimming shall occur between the months of November - January, no later than January 31st 4 Torrey Pine tree (labeled Tree No. 4): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 15 feet from the top of the crown. The initial trimming shall occur between the months of November - January, no later than January 31st. 5. Monterey Pine tree (labeled Tree No. 5): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 15 feet from the top of the crown. The initial trimming shall occur between the months of November - January, no later than January 31 st 6 Aleppo Pine tree (labeled Tree No. 6): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 4-5 feet from the top of the crown W Wiew Restoratlon\VRP Cases1161 - 1701165 - Lee & Fukunaga & Spolher & Thek1PC Resolution 2004-15 doc PC Resolution 2004-15 April 13, 2004 The initial trimming shall occur between the months of November - January, no later than January 31 st 7 Pepper tree (labeled Tree No. 7): Trim the tree by reducing the crown of the tree to the level of the red solid line shown in Exhibit C, which is estimated to be 3 feet from the top of the crown. The initial trimming shall occur between the months of November - January, no later than January 31st 8. Upon completion of said trimming, if additional foliage on the subject property is found to be impairing the view, than the offending forage shall be trimmed to a height as not to Impair the view from the applicants' property 9 The foliage owner 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 10 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 applicants 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 I 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 applicants 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. 11 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 12 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 and bonded landscape or licensed tree service contractor, acceptable to the City, W Wiew RestorationlVRP Casesl161 - 1701165 - Lee & Fukunaga & Spolher & Thek1PC Resolution 2004-15 doc P.C. Resolution 2004-15 April 13, 2004 which will name the foliage owner as additional insured and provides insurance certificates in a form acceptable to the City, and shall include all costs of cleanup and removal of debris The costs shall also include 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. 13 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 applicants 14.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 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. 15. The applicants may withdraw the view restoration request and the trust account funds if the applicant does so within five (5) days after the applicants send the estimate required herein In the event that the applicants withdraw 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 16 After the Notice of Approval (First Notice) is mailed on November 1, 2004, the foliage owner shall complete the initial work no later than January 31, 2005, to the extent required by this Permit and 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 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. 17 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 W Wiew RestorationlVRP Casesl161 - 1701165 - Lee & Fukunaga & Spolher & Thek1PC Resolution 2004-15 doc PC Resolution 2004-15 April 13, 2004 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 18 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. 19 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 applicant's viewing area along with a "Documentation of Existing Foliage or View" form available at the Planning, Building & Code Enforcement Department. W Wiew RestorationlVRP Cases1161 - 1701165 - Lee & Fukunaga & Spoiher & Thek1PC Resolution 2004-15 doc PC Resolution 2004-15 April 13, 2004