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PC RES 2004-029P C RESOLUTION NO. 2004-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VIEW RESTORATION PERMIT NO. 145 TO TRIM AND/OR REMOVE FOLIAGE AT 28115 MONTEREINA DRIVE WHEREAS, on October 15, 2002, Mrs. Laura Martz, owner of property located at 28016 Calzada Drive (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a View Restoration Permit ("Permit") to restore a view from his property that is significantly impaired by foliage owned by Mr and Mrs Mark Hamburg, at 28115 Montereina Drive (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City"), and, WHEREAS, nonce of the Planning Commission ("Commission") hearing was mailed to the applicant and the forage owner on April 21, 2004, and, WHEREAS, on June 22, 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. 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 28016 Calzada Drive has a view, as defined by Section 17 02.040 of the City's Development Code, of the City Lights and Los Angeles Harbor, which may include the Vincent Thomas Bridge 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 at 28016 Calzada Drive Section 3: The applicant has a view that is significantly impaired by six (6) trees, with the possibility of four (4) other trees, on a property located at 28115 Montereina Drive. Section 4: On July 25, 2002, Mrs Laura Martz, submitted a Notice of Intent to File for View Restoration Application No. 145 At the time of submittal, the applicant requested a pre -application meeting with Mr and Mrs Mark Hamburg, owners of foliage located at 28115 Montereina Drive In September 2002, Staff attempted to schedule a pre -application meeting between the view owner and the foliage owner, however, the Hamburgs submitted a letter to Staff exercised their option not to attend based on the reasons outlined in their letter Consequently, the applicant was released to file a formal permit Therefore, according to the View Restoration Guidelines and Procedures, the applicant has complied with the early neighbor consultation process. Section 5: Based on evidence provided by the applicant, the subject foliage at 28115 Montereina Drive significantly impairs the applicant's view 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 applicant's viewing area. Section 6: The subject property is located less than one thousand (1,000) feet from the applicant's property as the foliage owner's property abuts the applicant's property Section 7: The applicant's lot (Lot 108 of Tract No 24543) was created in May 1959 and the foliage owner's property, Lot 81 of Tract No 21379, was created in August 1959 Since the subject lots were created using mass grading techniques that involve removal of all the existing vegetation, the subject foliage located on Lot 81 could not have existed as view impairing foliage when the applicant's lot was created Section 8: Trimming 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 will not be trimmed below a level that would expose the any portion of the rear yard or interior of the residence The view impairing foliage located in the rear yard is well above that portion of the rear yard and interior of the residence visible from the applicant's viewing area As such, trimming and/or removal of the trees will not cause unreasonable infringement of the privacy of the foliage owner. Section 9: Trimming and/or removing the subject foliage 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 of foliage at 28115 Montereina Drive in order to restore the view at 28016 Calzada Drive, 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 02 0 (C)(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 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 approved View Restoration Permit No. 145 subject to the Conditions W \View Restoration\VRP Cases\141 - 150\145 - Martz\P C Resolution No 2004-29.doc P.0 Resolution No 2004-29 Page 2 of 8 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 22nd day of June 2004. AYES: Vice Chair Cote, Commissioners Knight, Van Wagner, Karp NOES: Chairman Mueller, Commissioner Gerstner ABSTENTIONS: ABSENT: Commissioner Tetreault Craig T. Mueller Vice Chairman doe Rojas Dirzctor of • ._• ing, ; . Iding & Code Enforcement W:Wiew RestorationWRP Cases\141 - 150\145 - MartzT.C. Resolution No 2004 .doc P.C. Resolution No. 2004- 29 Page 3 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 145 1. Carrotwood tree (labeled Tree No. 1): Remove the branches and foliage between the lower and upper limits of the protected view Said trimming shall occur on an annual basis beginning one year after the initial trimming date 2. Pittosporum trees (labeled Tree No. 2): Reduce the trees to the level that is approximately five (5) feet above the applicant's rear yard lawn, which is the same level as the solid blue line shown in Exhibit B. Said trimming shall occur on a biannual basis beginning one year after the initial trimming date 3. Pittosporum trees (labeled Tree No. 3): Reduce the trees to the level that is approximately five (5) feet above the applicant's rear yard lawn, which is the same level as the solid blue line shown in Exhibit B Said trimming shall occur on a biannual basis beginning one year after the initial trimming date 4. Unknown tree type (labeled Tree No. 4) Option 1: Reduce the trees to the level that is approximately five (5) feet above the applicant's rear yard lawn, which is the same level as the solid blue line shown in Exhibit B. Said trimming shall occur on a biannual basis beginning one year after the initial trimming date or ii Option 2: Remove the tree with the foliage owner's written consent 5 Unknown tree type (labeled Tree No. 5) i. Option 1: Reduce the trees to the level that is approximately five (5) feet above the applicant's rear yard lawn, which is the same level as the solid blue line shown in Exhibit B Said trimming shall occur on a biannual basis beginning one year after the initial trimming date occur on a biannual basis beginning one year after the initial trimming date Ki ii Option 2: Remove the tree with the foliage owner's written consent. 6 Olive tree (labeled Tree No. 6)- i. Option 1: Reduce the trees to the level that is approximately five (5) feet above the applicant's rear yard lawn, which is the same level as the solid blue line shown in Exhibit B. Said trimming shall occur on a biannual basis beginning one year after the initial trimming date or ii. Option 2: Remove the tree with the foliage owner's written consent 7 Various trees (labeled Tree Nos. 7 -10) - Upon completi n of the tree trimming requirements for tree Nos. 1 through 6, as stated above, tall will re-evaluate the view impairment, if any, created by the subject trees. jSpecifically, Staff will evaluate whether any of these trees (Tree Nos 7-10) significantly impair the view of the Vincent Thomas Bridge from the primary viewing area at 28016 Calzada Drive Staff's evaluation and recommendation shall be presented to the Planning Commission at a duly noticed public hearing 8. The applicant shall plant a hedge along the entire length of their rear yard property located at 28016 Calzada Drive. Said hedge shall be a minimum height of 5 feet as measured from grade of the applicant's rear yard or to the top of the wrought iron fence, which is referenced by the solid blue line shown in Exhibit B, whichever is lower. 9 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 applicant's property 10. 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 W Wiew Restoration\VRP Cases1141 -1501145 - Martz\P C Resolution No 2004-29 doc P C Resolution No 2004-29 Page 5 of 8 11. 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, 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 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 Code. 12. 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 13 No sooner than one year after the initial trimming is completed, pursuant to Section VW 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 14 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 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 W Mew RestorationlVRP Cases1141 -1501145 - Martz\P C Resolution No 2004-29 doc P.0 Resolution No 2004-29 Page 3 of 8 15 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 16 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 17 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 18 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 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 19. 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 W Mew Restoration\VRP Casesl141 -1501145 - MartzlP C Resolution No 2004-29 doc PC Resolution No 2004-29 Page 4 of 8 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. 20 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 21 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 Mew Restoration\VRP Cases1141 -150\145 - Martz\P C. Resolution No 2004-29 doc PC Resolution No 2004-29 Page 5 of 8