PC RES 2004-007RESOLUTION NO. 2004 - 7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES AFFIRMING THE
DIRECTOR OF PLANNING, BUILDING, AND CODE
ENFORCEMENT'S APPROVAL OF VIEW PRESERVATION
PERMIT NO. 63 TO TRIM AND SHAPE FOLIAGE AT 9
DIAMONTE LANE.
WHEREAS, on December 2, 2002, Mr and Mrs. Lorenzen, owner of property
located at 15 Diamonte Lane (herein "the applicants"), in the City of Rancho Palos Verdes,
filed an application requesting a View Preservation Permit ("Permit") to restore the view
from their property that is significantly impaired by foliage owned by Mr and Mrs. Kaye at 9
Diamonte Lane (herein "the foliage owner"), in the City of Rancho Palos Verdes ("City");
and,
WHEREAS, on January 20, 2003, both parties attended a pre -application meeting
and no agreement was reached; and,
WHEREAS, on, October 9, 2003, the Director of Planning, Budding and Code
Enforcement, issued a Notice of Decision (NOD) for View Preservation Permit No 63, and
copies of the NOD were mailed to the applicant and the foliage owners, and,
WHEREAS, on1 October 21, 2003, within the fifteen day appeal period, Mr Paul
Kaye, the foliage owner, filed an appeal of the Director's decision for VPP 63 to the
Planning Commission] and,
WHEREAS, after notice issued pursuant to the requirements of the Municipal
Code, the Planning Commission held a public hearing on February 24, 2004, at which time
all interested parties were given an opportunity to be heard and present evidence on the
notice of appeal, and
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 15 Diamonte Lane have a view, as defined by Section
17.02.040 of the City's Development Code of the Pacific Ocean, Downtown Long Beach,
the shoreline, city lights, and Vincent Thomas Bridge
Section 2: The applicant's primary viewing area, as defined by Section 17 02.040
of the City's Development Code, is from the family room and outdoor patio area
Section 3: The applicant's view is significantly impaired by a cluster of Canary
PC Resolution 2044-7
VPP No 63
Island Pine trees on property located at 9 Diamonte Lane (Kaye property)
Section 4: The applicants have complied with the early neighbor consultation
process and have shown proof of cooperation on their part to resolve conflicts
Section 5: Based on evidence provided by the applicants, the subject trees at 9
Diamonte Lane significantly impair the applicant's view The subject trees are greater than
16 feet in height and exceed the ridgeline of the primary structure and significantly impair
the view as described in Section 1 above, 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
Section 7: As evident in the applicant's photograph dated in November 1989, the
subject foliage did not exist as view impairing foliage in November 1989.
Section 8: Trimming and shaping of the foliage will not cause an unreasonable
infringement on the privacy of the foliage owner At present, 80% of the foliage on the Pine
trees is well above the roofline of the Kaye residence and thus removing the upper one-
third of the trees would not impact existing privacy in any way and will not cause
unreasonable infringement of the privacy of the foliage owner
Section 9: Trimming and shaping the subject trees as identified in the attached
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: Section 1094 6 of the California Code of Civil Procedure governs the
time within which the judicial review of the decision reflected in this Resolution, if available,
must be sought.
Section 12: For the foregoing reasons and based on the information and findings
included in the NOD, Minutes and other records of proceedings, which are attached hereto
by reference, the Planning Commission of the City of Rancho Palos Verdes hereby denies
the appeal, thereby upholding the Director of Planning, Building, and Code Enforcement's
decision and approves View Preservation Permit No 63 to trim and shape trees at 9
Diamonte Lane in order to restore the view from 15 Diamonte Lane, as requested and
provided for in 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
PC Resolution 2004-7
VPP No 63
Mr rig FTI MI,
AYES. Commissioners Knight, Tetreault, Gerstner, Karp, Van Wagner, and
Chairman Mueller
NOES-
ABSTENTIONS- Commissioner Cote
ABSENT:
oel
of Plan&i6,
& Code Enforcement
(� �Xw_dz
Craig Mueller
Chairman
PC Resolution 2004-7
VPP No 63
EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW PRESERVATION PERMIT NO 63
Foliage on property located at 9 Diamonte Lane (Kaye Property) shall be trimmed as
follows:
1 The cluster of Canary Island Pine trees:
Trim the upper one-third of each tree, which is approximately 10 to 12 feet off the
overall height of each tree, and shape the sides to reflect the condition shown in the
documentation photograph dated November 1989 (attached exhibit A) Said
trimming shall occur during the cooler months of October through March, on an
annual basis beginning one year after the date of the initial trimming
PC Resolution 2004-7
VPP No 63