PC RES 2003-049 0 •
P.C. RESOLUTION NO. 2003-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VIEW
RESTORATION PERMIT NO. 135 TO TRIM AND REMOVE
FOLIAGE AT 6978 ALTA VISTA DRIVE.
WHEREAS, on June 19, 2002, Mr. Paul Schubert, owner of property located at
6728 Alta Vista 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. Bob Cole, at 6978 Alta Vista
(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 owner on September 16, 2003; and,
WHEREAS, on October 28, 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 applicant at 6728 Alta Vista Drive has a view, as defined by Section
17.02.040 of the City's Development Code, of the Ocean and Catalina Island.
Section 2: The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is from the rear yard patio of 6728 Alta Vista Drive.
Section 3: The applicant has a view that is significantly impaired by six (6) trees
and one hedge on a property located at 6728 Alta Vista Drive.
Section 4: The applicant has attempted to resolve the conflict through various
contacts with the foliage owner. The foliage owner declined the pre-application meeting
for this case. Pursuant to the VRC Guidelines, the applicant has complied with the early
neighbor consultation process.
Section 5: Based on evidence provided by the applicant, the subject foliage at
6978 Alta Vista Drive significantly impair 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.
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Section 7: The applicant's property, Lot 36, and the foliage owner's property, Lot
37of Tract 32673 were created in 1977. According to the Preliminarily Soils and Geologic
Investigation report dated January 1976, it would appear that the trees were planted after
the lots were created and the homes were built. Grading procedures included the areas
being "recently disced"(P.1). Therefore the subject foliage did not exist before.the creation
of the applicant's lot.
Section 8: Trimming and/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. With the exception of
the hedge, most of the view impairing foliage is well above that portion of the rear yard
visible from the applicant's viewing area. Therefore, 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, removal and/or lacing of foliage at
6978 Alta Vista Drive in order to restore the view at 6728 Alta Vista 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. 135 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 28th day of October 2003.
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111
AYES: Commissioners Duran Reed, Cartwright, Tomblin, Vice Chairman Mueller,
Chairman Long
NOES: None
ABSTENTIONS: Commissioner Cote
ABSENT: Commissioner Lyon
IIIIP dr
Tho as Long
Planning Commission, C airman
,tittf0,
Director of Planning,
Building & Code Enforcement
. 1
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P.C. Resolution.No. 2003- 49
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0 •
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 135
1. Ficus tree (labeled Tree No. 1):
Reduce the crown of the tree 4 feet. Said trimming shall include shaping.
Trimming shall occur on a bi-annual trimming cycle beginning on the initial trim
date.
2. Pear tree (labeled Tree No. 2):
Raise the crown by removing foliage up to the foliage owner's ridgeline level or
the level indicated by the dashed red line in photo Exhibit B, whichever is higher.
Said trimming shall occur on an annual basis beginning one year after the initial
trimming date
3. Pear tree (labeled Tree No. 3):
Raise the crown by removing foliage up to the foliage owner's ridgeline level or
the level indicated by the dashed red line in photo Exhibit B, whichever is higher.
Said trimming shall occur on an annual basis beginning one year after the initial
trimming date.
4. Palm tree (labeled Tree No. 4):
Remove the lower Palm fronds impairing the view of the ocean and Catalina
Island. Said trimming shall occur on an annual basis beginning one year after the
initial trimming date
5. Palm tree (labeled Tree No. 6):
Remove the lower Palm fronds impairing the view of the ocean and Catalina
Island. Said trimming shall occur on an annual basis beginning one year after the
initial trimming date.
6. Palm tree (labeled Tree No. 12):
i. Option 1: Remove all Palm fronds impairing the view of the ocean
and Catalina Island. Said trimming shall occur on an annual basis
beginning one year after the initial trimming date.
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•
ii. Option 2: Remove the tree since the tree is unlikely to survive the
severe extent of trimming.
7. Reduce the hedge to a level between eight (8) and nine (9) feet in height, as
measured from the base of the hedge.
8. 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.
9. The foliage owner shall be responsible to maintain the foliage in suck 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.
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
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 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.
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.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
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determines that a hearing is necessary, then a hearing will be held pursuant to
Section VI-J of the View Restoration Guidelines and Procedures.
13.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.
14.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.
15.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.
16.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.
17.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
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from the City trust account not later than 30 days after the expiration of the time
period stipulated above.
18.Upon completion of the work, the foliage owner shall notify tile 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
19.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.
20.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.
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