VRC RES 1995-001 110
V.R.C. RESOLUTION NO. 95-1
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
THE INCLUSION OF SECTION 17 .76. 150 (CITY TREE
REVIEW PERMIT) IN THE MUNICIPAL CODE
WHEREAS, in December 1991, after extensive formal and public
review of comprehensive revisions to the City's Development Code
(Titles 16 and 17) , the City Council adopted all of the non-Title
17 revisions, and conceptually approved the proposed Title 17
revisions, with the exception of six specific unresolved sections;
and,
WHEREAS, due to the City Council's desire to establish
residential design review standards as part of Title 17, the
adoption of revised Title 17 was tabled until such standards/
procedures could be examined and proffered by a City Council/
Planning Commission Subcommittee. However, due to unresolved
issues with respect to the appropriate level of residential design
control, the Subcommittee was disbanded in December 1992 and final
adoption of revised Title 17, including the sections already
conceptually approved, was postponed indefinitely; and,
WHEREAS, in January 1994, the City Council directed Staff to
re-initiate the Development Code Revision proceedings; and,
WHEREAS, pursuant to Municipal Code Section 2 . 21. 020 (C) , the
View Restoration Commission shall make recommendations to the City
Council regarding amendments to Title 17 which address the
preservation or restoration of views where foliage is a factor and
which are necessary to effectuate and enhance the purposes of
Section 17 . 02 . 040; and,
WHEREAS, after notice issued pursuant to the provisions of the
Rancho Palos Verdes Municipal Code, the View Restoration Commission
conducted a public hearing on November 17 and December 1, 1994, at
which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments as set forth
in the View Restoration Commission Staff Reports of those dates.
NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
Section 1: The View Restoration Commission has reviewed and
considered the proposed language for Section 17. 76. 150, City Tree
Review Permits, of the Municipal Code.
Section 2 : The inclusion of Section 17 .76. 150 is consistent
with California Government Code Section 65853 , zoning amendment
procedures.
411
Section 3 : The inclusion of Section 17 .76. 150 is consistent
with the Rancho Palos Verdes General Plan in that it upholds, and
does not hinder, the goals and policies of that plan, in particular
to develop controls to preserve existing significant visual aspects
from future disruption or degradation and to preserve and enhance
existing positive visual elements, while restoring those which are
lacking in their present visual quality.
Section 4 : The inclusion of Section 17.76. 150, insofar as it
is substantially the same as previous provisions of the Rancho
Palos Verdes Municipal Code or any other ordinance repealed,
amended or superseded upon the enactment of this ordinance, should
be construed as a restatement and continuation of those previous
provisions and not as new enactments.
Section 5: The inclusion of Section 17 .76. 150 would further
the purposes of Proposition M by merely clarifying and recodifying
the ordinance, without changing the intent and purpose of the
proposition.
Section 6: The inclusion of Section 17.76. 150 is necessary to
preserve the public health, safety and welfare in the City.
Section 7 : For the foregoing reasons and based on the
information and findings included in the Staff Reports and records
of the proceedings, the View Restoration Commission hereby
recommends to the City Council approval of the inclusion of Section
17 .76. 150, City Tree Review Permit, in the Rancho Palos Verdes
Municipal Code, attached hereto as Exhibit "A" .
PASSED, APPROVED and ADOPTED this 6th day of - •ril 1995.
11.4, 4001F
41P6. 1"ro
J•n Cart ight
Chairman
Bret9?rnar. , AICP
Dire for of Panning, Building,
and Code Enforcement, and
Secretary to the View Restoration
Commission
(cpix:vrcstrp.res)
V.R.C. Resolution No. 95-1
Page 2 of 2
!II 111
17. 76. 150 City tree review permit
A. Purpose. This chapter provides a procedure for the
pruning and/or removal of trees and/or foliage which are located on
city property, a city easement, or within the public right-of-way
in order to protect the public health, safety, and welfare by
preventing the needless impairment of views from vista points and
view lots.
B. Approval required. A city tree review permit is required
prior to the pruning and/or removal of any tree and/or foliage,
located on city property, a city easement, or within the public
right-of-way, for the purposes of view restoration.
C. Exemption. Trees and/or foliage located within the
boundaries of the Miraleste Recreation & Park District shall not be
subject to the provisions of this section.
D. City tree review permit application. Any person owning
or having an interest in land in the city may file an application
for a city tree review permit. An application for a city tree
review permit shall be made to the director on forms provided by
the city, and shall include the following items:
1. A completed application form signed by the property
owner of the property where the view is impaired;
2 . A plan or map, drawn to the satisfaction of the
director, which clearly shows the location of each tree and/or
foliage located on city property, a city easement, or within the
public right-of-way that is impairing the view of the applicant.
E. Review criteria. Within thirty (30) days of the
applicant's submittal of the complete city tree review permit
application, the director or the director's designee shall
either grant, deny, or conditionally grant the city tree review
permit, based on the following review criteria:
1. After conducting an investigation of the applicant's
property, it is determined that trees and/or foliage located on
city property, a city easement, or in the public right-of-way are
significantly impairing a view from a viewing area of the
applicant's lot;
Exhibit "A"
V.R.C. Resolution No. 95-1
Page 1 of 3
411 111
2 . The trees and/or foliage which are significantly
impairing a view from a viewing area of the applicant's lot is
located less than one thousand (1, 000) feet from any part of the
applicant's lot; and
3 . The trees and/or foliage which are significantly
impairing a view from a viewing area of the applicant's lot did not
exist as view impairing vegetation when the applicant's lot was
created.
F. Conditions upon issuance. In granting any approval under
this section, the director may impose such conditions thereto as
may be reasonably necessary to prevent danger to public or private
property; to prevent the tree removal or pruning from being
conducted in a manner likely to create a nuisance; or to preserve
the intent of any goal or policy of the general plan. No person
shall violate any conditions so imposed by the director. Such
conditions may include, but shall not be limited to, the following:
1. If the trees and/or foliage to be removed are part
of a city-identified uniform street tree program or landscaping
plan, an adjacent property owner requests that replacement trees
and/or foliage be planted, and the city determines that the trees
and/or foliage shall be replaced, the city shall make the final
determination as to the type and number of replacement trees and/or
foliage.
2 . If the trees and/or foliage to be pruned are part of
a city-identified uniform street tree program or landscaping plan,
the city and applicant shall enter into an agreement, drafted by
the city attorney, binding the city to maintain the trees and/or
foliage which have been pruned so as to prevent future view
impairment by such trees and/or foliage. The agreement shall
require the city to undertake such maintenance on at least an
annual basis.
3 . If the trees and/or foliage are not part of a city
identified uniform street tree program or landscaping plan, the
trees and/or foliage shall be removed, and not replaced. However,
the trees and/or foliage may be pruned to restore the view (as
determined by the director, if the city and the adjacent property
owner enter into an agreement, drafted by the city attorney,
binding the adjacent property owner to maintain the trees and/or
foliage which has been pruned so as to prevent future view
impairment by such trees and/or foliage. The agreement shall
specify the minimum time interval by which the adjacent landowner
shall undertake such maintenance, as determined to be appropriate
by the director.
Exhibit "A"
V.R.C. Resolution No. 95-1
Page 2 of 3
411 411
4 . If the trees and/or foliage are part of a city-
identified uniform street tree program or landscaping plan, the
city shall pay for all costs of tree and/or foliage pruning,
removal and/or replacement. However, if the trees and/or foliage
are not part of a city-identified uniform street tree program or
landscaping plan, the applicant shall pay for all initial costs of
foliage pruning or removal.
G. Notification. Upon the granting of a city tree review
permit by the director, notice of the decision shall be given. The
content of the notice shall comply with Section 17 .80. 040 of this
title. Notwithstanding Section 17.80. 040, such notice need only be
given to the applicant and the owners of properties adjacent to the
trees and/or foliage which is subject to pruning or removal.
Adjacent property shall include all lots which directly abut, or
which are located directly across from the subject trees and/or
foliage. Notice of denial shall be given only to the applicant.
H. Appeals. Any interested person receiving notice of the
director's decision may appeal the decision of the director to the
view restoration commission pursuant to section 17 .80. 050 of this
Code. Notwithstanding section 17 .80. 050 (C) , the hearing shall be
conducted in accordance with section 17. 80. 060 of this code.
Pursuant to section 17 . 80. 030 of this code, the decision of the
view restoration commission on such an appeal may be appealed to
the city council. No city tree review permit shall be effective
until the appeal period noted in section 17. 80. 050 of this code has
been exhausted.
(cpix:1776.150)
Exhibit "A"
V.R.C. Resolution No. 95-1
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