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PC RES 2006-034 RESOLUTION NO. 2006-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISION 'A' TO CONDITIONS 1 & 2 OF THE CONDITIONS OF APPROVAL TO VIEW RESTORATION PERMIT NO. 123, TO TRIM AND/OR REMOVE FOLIAGE AT 28531 PALOS VERDES DRIVE EAST AND 1 BRONCO DRIVE. WHEREAS, on October 5, 2001, Mr. and Mrs. White, the owners of the property located at 28541 Palos Verdes Drive East (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. John Zaccaro, at 28531 Palos Verdes Drive East and Mr. and Mrs. Jim Menjou at 1 Bornco Drive (herein "the foliage owner's"), 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 March 13, 2004; 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, the item was continued to May 25, 2004; and, WHEREAS, on May 25, 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. However, due the lateness of the hour, the item was continued to June 22, 2004; and; WHEREAS, on June 22, 2004, the Planning Commission adopted P.C. Resolution No.2004-28, thereby conditionally approving View Restoration Permit No.123; and, WHEREAS, on June 29, 2004, within the 15 day appeal period, Mr. John Zaccaro (foliage owner) appealed the June 22, 2004 Planning Commission decision to the City Council; and, WHEREAS, on October 5, 2004, the City Council held a duly noticed public hearing to consider the appeal, at which time, all interested parties were given an opportunity to be heard and present evidence, and continued the public hearing to conduct a site visit at the White and Zaccaro properties on November 13, 2004; and, WHEREAS, at the conclusion of the site visit, the public hearing was continued to the regular City Council meeting of November 16, 2004, so that the City Council could receive additional evidence and testimony and make a determination regarding the appeal; and, WHEREAS, on November 16, 2004, the City Council adopted P.C. Resolution No.2004-99, thereby conditionally approving View Restoration Permit No.123 which requires an one-time annual review of the foliage owners' ability to maintain the foliage and address the adequacy of the tree trimming schedule; and, WHEREAS, on November 16, 2004, the City Council adopted C.C. Resolution No.2004-99, thereby conditionally approving View Restoration Permit No.123 which requires an one-time annual review by the Planning Commission to review the foliage owners' ability to maintain the foliage and address the adequacy of the tree trimming schedule; and, WHEREAS, within no less than a year of the foliage owners' initial trimming, notice of the Planning Commission ("Commission") hearing was mailed to the applicant and the foliage owners on April 19, 2006 and June 6, 2006; and, WHEREAS, on July 11, 2006, the Commission held a duly noticed public hearing to consider the maintenance review, at which time, all interested parties were given an opportunity to be heard and present evidence; and, WHEREAS, on July 11, 2006, the Planning Commission adopted P.C. Resolution No.2006-34, thereby amending the conditions of approval for View Restoration Permit No.123; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The applicants at 28541 Palos Verdes Drive East have a view, as defined by Section 17.02.040 of the City's Development Code, of the city lights. Section 2: The applicants' viewing area, as defined by Section 17.02.040 of the p City's Development Code, is taken from the great room (which includes the family room, dining room and den), and the outdoor patio area. The view is the same from each location. Section 3: The applicants have a view that is significantly impaired by several trees on tworo erties located at 28531 Palos Verdes Drive East and 1 Bronco Drive. p p Section 4: On November 6, 2001, all parties and City Staff attended a pre- application meetingin an attempt to resolve the conflict. Thus, all parties have pp participated in the required pre-application process and have completed the early neighbor consultation process. Resolution No. 2006-34 Page 2 of 5 Section 5: Based on evidence provided by the applicants, the subject foliage at 28531 Palos Verdes Drive East and 1 Bronco Drive significantly impairs the applicants' 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 applicants' viewing area. Section 6: The subject properties are located less than one thousand (1,000) feet from the applicants' property as the foliage owner's properties are directly adjacent to the applicants' property. Section 7: The applicants' and the foliage owner's properties were created prior to the adoption of the State Subdivision May Act and were created via a Record of Survey per book 62, pages 36 and 37. Additionally, the applicants' home (28541 Palos Verdes Drive East), and Foliage owner John Zaccaro's home (located at 28531 Palos Verdes Drive East) were built in the same year, 1953; while the Menjou home at 1 Bronco Drive, was built approximately eleven years later in 1964. The foliage found on the Zaccaro and Menjou properties is not native to the Palos Verdes Peninsula ("Peninsula"). In addition, standard building practices on the Peninsula typically dictate that lots in multi-lot development projects are created by mass grading techniques, which include the removal of all existing vegetation, to create the building pads. Finally, Mr. Zaccaro testified that before the Planning Commission that it was his understanding that all of the foliage on his property had been planted after the lot was created by former owners of his property. Accordingly, the City Council concurs with the Planning Commission's finding that the foliage in question did not exist as view impairing foliage when the lots were created. Section 8: Trimming or removing the foliage as recommended by Staff, will not cause an unreasonable infringement on the privacy of the foliage owners' properties in that the view impairing trees do not currently provide privacy to either foliage owner. The Zaccaro foliage is primarily located in a corner front yard area that is not currently used as an outdoor gathering area, and it does not appear that it ever was used for outdoor entertaining. Additionally, the majority of the Menjou foliage is planted parallel to the driveway and garage area of the home. In addition, the small patio outside of Mr. Zaccaro's bathroom also is not an outdoor gathering area. Thus, these areas are not considered gathering areas for which foliage is needed to provide privacy under the City's View Restoration Ordinance. With respect to indoor privacy, the City's Guidelines specify that curtains and other window coverings can provide indoor privacy. Accordingly, foliage is not needed to provide privacy to the interior of Mr. Zaccaro's home. 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 applicants' view of the City lights. Section 10: Pursuant to Section 15300 of the California Environmental Quality Act, thep roposed 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). Resolution No. 2006-34 Page 3 of 5 Section 11: Based on the foregoing information, and on the information and findings included in the Staff report and the evidence presented at the public hearing, the Planning Commission hereby orders the following amended conditions of approval: 1. Zaccaro Property (28531 Palos Verdes Drive East) Photo No 1. Pittosporum 1 and 2 (appx. Ht. 30-40 feet). Raise the crown to a height that is 6 to 10 feet above the Zaccaro residence. Said trimming shall occur every six months. Pittosporum 3 and 4, Oleander, and Calycanthus. Trim down to the level of Zaccaro ridgeline which is 3 feet above the White building pad and trim semi-annually beginning six months after the initial trimming or until such time as the foliage grows to a point that is 4 feet above the White building pad. Photo No 2. Brazilian Pepper. . Reduce in height the tree so as not to impair the view.Said trimming shall occur on a semi-annual basis. Maple and Cedar. No action at this time. Pittosporum. No action at this time. Aerial Photo Foliage on Zaccaro Property Giant Palm. Remove lower fronds to restore the view through the tree. Ficus. Trim down and shape to the level of the ridgeline. Said trimming shall occur on a semi-annual basis beginning 6 months after the initial trimming. Chinese Elm. Trim down to the ridgeline of the Zaccaro residence. Said trimming shall occur every 6 months in June and December. Schefflera. Trim down to the level of the ridgeline. Said trimming shall occur on an annual basis. Various View Impairing foliage (volunteer Palm trees). Shall be trimmed to the level of the Pittosporum 3 and 4 foliage called out in condition No. 1 fielgeline. Said trimming shall occur semi-annually beginning 6 months after the initial trimming. 2. Menjou Property 1 Bronco Drive Photo No. 3 Aleppo Pine. . Heavily lace. Said trimming shall occur annually during the cool months of the year(November though March). Pittosporun. . Top down the tree to the same level as the Pepper tree noted below on an annual basis. Resolution No. 2006-34 Page 4 of 5 Eucalyptus tree. No action at this time. Brazilian Pepper. No--actiow-at-this-41-mer'Trim ificantIT impair the view on an annual basis. Aerial Photo Folia e on Pro _ Canary Island Pine. Shall be laced heavily. Said trimming shall occur annually during the cool months (November though March). Various View Impairing foliage. Shall be trimmed to the level of the rear/side yard fence, which is approximately 6 to 10 feet as measured from grade. Said trimming shall occur semi-annually beginning 6 months after the initial trimming. Section 12. 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 the amended conditions of approval to View Restoration Permit No. 123, as contained in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare. Section 13:: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.80 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 July 26, 2006. PASSED, APPROVED, AND ADOPTED this 11th day of July 2006, by the following vote: AYES: Commissioners Karp, Tetreault, Perestam and Ruttenberg NOES: None ABSTENTIONS: None ABSENT: Chairman Knight and Commissioners Gerstner and Le s Jim--411111hi Ativ Chairman Joz, AIC Di ctor of Plan, .6, Building and Co. nforcement; and, Secretary to the Planning Commission Resolution No. 2006 34 Page 5 of RESOLUTION NO. 2006-34 REVISION"A" AMENDED CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT NO. 123 1. Zaccaro Property (28531 Palos Verdes Drive East) Photo No 1. Pittosporum I and 2 (appx. Ht. 30-40 feet). Raise the crown to a height that is 6 to 10 feet above the Zaccaro residence. Said trimming shall occur every six months. Pittosporum 3 and 4, Oleander, and Calycanthus. Trim down to the level of Zaccaro ridgeline which is 3 feet above the White building pad and trim semi- annually beginning six months after the initial trimming or until such time as the foliage grows to a point that is 4 feet above the White building pad. Photo No 2. Brazilian Pepper. Reduce in height the tree so as not to impair the view. Said trimming shall occur on a semi-annual basis. Maple and Cedar. No action at this time. Pittosporum. No action at this time. Aerial Photo Foliage on Zaccaro Property Giant Palm. Remove lower fronds to restore the view through the tree. Ficus. Trim down and shape to the level of the ridgeline. Said trimming shall occur on a semi-annual basis beginning 6 months after the initial trimming. Chinese Elm. Trim down to the ridgeline of the Zaccaro residence. Said trimming shall occur every 6 months in June and December. Schefflera. Trim down to the level of the ridgeline. Said trimming shall occur on an annual basis. Various View Impairing foliage (volunteer Palm trees). Shall be trimmed to the level of the Pittosporum 3 and 4 foliage called out in condition No. 1. Said trimming shall occur semi-annually beginning 6 months after the initial trimming. Resolution No. 2006-34 REVISION A Page 1 of 2 2. Menjou Property 1 Bronco Drive Photo No. 3 Aleppo Pine. Heavily lace. Said trimming shall occur annually during the cool months of the year (November though March). Pittosporun. Top down the tree to the same level as the Pepper tree noted below on an annual basis. Eucalyptus tree. No action at this time. Brazilian Pepper. Trim the tree(s) so as not to significantly impair the view on an annual basis. Aerial Photo Foliage on Menjou Property Canary Island Pine. Shall be laced heavily. Said trimming shall occur annually during the cool months (November though March). Various View Impairing foliage. Shall be trimmed to the level of the rear/side yard fence, which is approximately 6 to 10 feet as measured from grade. Said trimming shall occur semi-annually beginning 6 months after the initial trimming. Resolution No. 2006-34 REVISION A Page 2 of 2