PC RES 2004-003P C. RESOLUTION NO 2004-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VIEW
RESTORATION PERMIT NO. 159 TO TRIM AND/OR
REMOVE FOLIAGE AT 32 AVENIDA CORONA
WHEREAS, on May 13, 2003, Mr. and Mrs Walter Boehm, owner of property
located at 6 La Vista Verde (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 Dierk Hagemann, at 32
Avenida Corona (herein "the forage 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 .January 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
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 6 La Vista Verde has a view, as defined by Section
17 02 040 of the City's Development Code, of the City Lights, Vincent Thomas Bridge, and
Los Angeles Harbor
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 6 La Vista Verde
Section 3: The applicant has a view that is significantly impaired by eight (8) trees
on a property located at 32 Avenida Corona
Section 4: On March 25, 2003, all parties, including City Staff attended a pre -
application meeting in an attempt to resolve the conflict. Although, the meeting did not
result in a formal agreement, the applicant and foliage owner agreed to resolve the
matter Subsequent to the March 2003, pre -application meeting, Staff facilitated a private
agreement (Exhibit F) document to trim/ remove and replace trees on the foliage owner's
property On May 13, 2003, the applicant informed Staff that the applicant and the foliage
owner reached an impasse as to the number of trees that would be replaced The
applicant believed that the number of replacement trees and costs associated with the
foliage owner's request was unreasonable 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 32
Avenida Corona 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 and the foliage owner's properties, Lots 5 and 4,
respectively, were created in circa 1956 The lots in this area were created using mass
grading techniques that involve removal of all the existing vegetation to create the
building pads The Report of Compaction for the Record of Survey 64-8-11 indicates that
area was "stripped of vegetation" According to the Report of Compaction for the Record
of Survey 64-8-11 dated November 1956 the existing surface areas were to be "stripped
of vegetation ". Furthermore, the applicant has submitted an undated aerial photograph
showing the subject lots stripped of vegetation Therefore, the subject foliage did not exist
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 do not currently provide privacy to the foliage owner The view impairing foliage
located in the rear yard is well above that portion of the rear yard visible from the
applicant's viewing area. As observed from the applicant's viewing area, the view
impairing foliage located in the side yard does not offer privacy to the foliage owner 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 14: 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/or removal of foliage at 32 Avenida
Corona in order to restore the view at 6 La Vista Verde, 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
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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 159 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 13th day of January 2004
AYES Commissioners Cote, Cartwright, Lyon, and Vice -Chairman
Mueller
NOES None
I
ABSTENTIONS: None
ABSENT None
Craig T -Mueller
Vice Chairman
Veirojas t I
ire for of PI nn'
Bding & Code Enforcement
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO 159
1 Pepper tree (labeled Tree No. 2).
Reduce the crown of the tree to the level of the primary ridgeline of the foliage
owner's residence, which is the same level of the dashed blue line shown in
Exhibit B Trimming shall occur on a bi-annual trimming cycle beginning on the
initial trim date.
2. Japanese Black Pine tree (labeled Tree No. 3):
i Option 1: Reduce the crown of the tree to the level of the primary
ridgeline of the foliage owner's residence, which is the same level
of dashed blue line shown in Exhibit B. Said trimming shall occur on
an annual basis beginning one year after the initial trimming date.
Ki
ii Option 2: Remove the tree with the foliage owner's written
consent. Should the foliage owner choose to remove said tree,
then one (1) replacement tree, no larger than a twenty-four inch box
size, selected by the foliage owner, shall be provided by the
applicant
3. Unknown tree type (labeled Tree No. 4):
Reduce the crown of the tree to the level of the primary ridgeline of the foliage
owner's residence, which is the same level of dashed blue line shown in Exhibit
B. Said trimming shall occur on an annual basis beginning one year after the
initial trimming date
4 Canary Island Pine tree (labeled Tree No. 5)•
Reduce the crown of the tree to a height level not to exceed the primary ridgeline
of the foliage owner's residence or reduce the crown of the tree to a height not to
exceed 16 feet (as measured from the base of the tree), whichever is lower. Said
trimming shall occur on an annual basis beginning one year after the initial
trimming date
5 Japanese Black Pine tree (labeled Tree No. 6)
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Option 1: Reduce the crown of the tree to a height level not to
exceed the primary ridgeline of the foliage owner's residence or
reduce the crown of the tree to a height not to exceed 16 feet (as
measured from the base of the tree), whichever is lower Said
trimming shall occur on an annual basis beginning one year after
the initial trimming date
or
ii Option 2: Remove the tree with the foliage owner's written
consent. Should the foliage owner choose to remove said tree,
then one (1) replacement tree, no larger than a twenty-four inch box
size, be selected by the foliage owner, shall be provided by the
applicant.
6. Cedar tree (labeled Tree No. 7).
Option 1: Raise the crown by removing the lower branches
and foliage up to the level of the red solid line as shown in
Exhibit B Said trimming shall occur on an annual basis
beginning one year after the initial trimming date
or
n. Option 2: Reduce the crown to the level of the primary
ridgeline of the foliage owner's residence, which is the same
level as the blue dashed -line shown in Exhibit B Said
trimming shall occur on an annual basis beginning one year
after the initial trimming date
7 Pepper tree (labeled Tree No. 8).
Reduce the crown of the tree to a height level not to exceed the primary ridgeline
of the foliage owner's residence or reduce the crown of the tree to a height not to
exceed 16 feet (as measured from the base of the tree), whichever is lower. Said
trimming shall occur on an annual basis beginning one year after the initial
trimming date.
8 Cedar tree (labeled Tree No. 9):
Reduce the crown of the tree to a height level not to exceed the primary ridgeline
of the foliage owner's residence or reduce the crown of the tree to a height not to
exceed 16 feet (as measured from the base of the tree), whichever is lower Said
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trimming shall occur on an annual basis beginning one year after the initial
trimming date
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 Since the tree levels described in Conditions 1 through 8 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
11 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, or as specified above, if different, beginning
one year after the initial trimming of the foliage is completed and verified by Staff
12 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 Code
13 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
14 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
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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.
15 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.
16. 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
17 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.
18 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.
19. 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
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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.
20 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
21. 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
22 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
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