RPVCCA_CC_SR_2013_06_04_F_View_Restoration_Mediator_Prof_Srvcs_Contract_ExtCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
JOEL ROJAS, COMMUNl~~ELOPMENT DIRECTOR
JUNE 4, 2013 v v
CONTRACT RENEWAL FOR VIEW RESTORATION MEDIATOR
PROFESSIONAL SERVICES
CAROLYN LEHR, CITY MANAGER
Project Manager: Amy Seeraty, Associate Planner A7
RECOMMENDATION
Authorize the Mayor and City Clerk to execute a two-year extension of the existing professional
service agreement with the City's View Restoration Mediator, Ms. Coleen Berg, to continue to
provide mediation services on an as-needed basis to the City until June 30, 2015.
BACKGROUND
Implementation of the City's View Restoration and Preservation Ordinance requires the use of
professional consultants to assist Staff in expert and professional consultation during the
neighbor-to-neighbor pre-application mediation phase. When requested by the City, expert
consultation is carried out by the City's View Restoration Mediator. For the last several years,
City Staff has worked closely and effectively with Ms. Coleen Berg (Mediator) in resolving view
restoration cases. Ms. Berg's contract is set to expire on June 30, 2013. As a result, Staff is
proposing to extend Ms. Berg's contract at this time.
DISCUSSION
Since November 2004, the City has contracted with Ms. Berg for professional view mediation
services. On May 17, 2011, the City Council renewed the existing contract with the City's View
Restoration Mediator, Ms. Coleen Berg, for an amount not to exceed $40,000 annually for an
additional two (2) years. This contract is due to expire on June 30, 2013. It appears that the
average number of hours per case has remained about the same since the previous contract
was renewed in May 2011, excluding the one-time adjustment that was made on May 3, 2011.
Staff expects the average number of cases per year to remain at 12 cases. In addition, during
the fiscal years 11-12 and 12-13, Ms. Berg's mediation success rate (preventing a case from
reaching the formal permit processing stage) has been 95% percent. Thus, Staff believes that
the current contract in an amount of $40,000 annually should be renewed for an additional two
(2) years. An updated service contract (attached) has been prepared by Staff and reviewed and
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approved by the City Attorney and Ms. Coleen Berg.
CONCLUSION
At this time, Staff is requesting that the City Council continue to use the professional services of
the current View Mediator, Ms. Coleen Berg, by renewing the professional services agreement
for a 2-year period to June 30, 2015, with an annual monetary cap of $40,000 per year.
FISCAL IMPACT
Approval of the renewed service contract with Ms. Berg will not require a budget adjustment as
the costs are proposed to be included in the FY13-14 View Restoration Division's budget. The
costs for these services will come from the General Fund and are not funded by any application
fees.
ALTERNATIVES
The following are alternatives to Staff's recommended action:
1) Request Staff to solicit additional bids for professional mediation services or;
2) Identify any issues of concern that may require further study and direct Staff to provide
additional information at a subsequent meeting, or
3) Authorize the Mayor and City Clerk to execute a contract for more or less than the June
30, 2015 contract expiration date.
Attachments
EXHIBIT A -Professional Mediator Services contract
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Professional/ Technical Services Agreement for
Mediation Consulting Services
between
The City of RANCHO PALOS VERDES
&
Ms. Coleen Berg
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THIS AGREEMENT ("Agreement") is made and entered into this 4th day of June,
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY") and Ms. Coleen Berg (hereafter referred to as "CONSULT ANT").
RECITALS
WHEREAS, CITY desires to engage a consultant in the field of dispute resolution to
provide professional mediation services as described in this Agreement; and
WHEREAS, CITY's Local View Restoration Guidelines and Procedures require early
neighbor consultation meetings prior to the acceptance of any View Restoration Application
Permit, as specified further in the Rancho Palos Verdes Municipal Code; and
WHEREAS, CONSUL TANT has offered to provide the required services on the terms
and in the· manner set forth herein and in a format consistent with CITY's Local View
Restoration Guidelines and Procedures.
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto agree
as follows:
AGREEMENT
ARTICLE 1
SCOPE OF SERVICES
1.1 Project Description
The Project is described as follows:
View Preservation and Restoration Mediation Consulting Services.
1.2 Description of Services
Subject to the terms and conditions set forth in this Agreement, CONSUL TANT
shall provide professional mediation services in connection with the administration of CITY's
View Preservation and Restoration Ordinance. The professional mediation services to be
performed by CONSUL TANT shall include, but are not limited to, the services more
particularly described below:
(a) When requested by CITY, CONSUL TANT shall attend and participate in
pre-application meetings with potential applicants and affected neighbors pursuant to the
procedures outlined in the CITY's Local View Restoration Guidelines and Procedures, which
is attached hereto as Exhibit "A" and incorporated herein by this reference.
(b) When requested, CONSULTANT shall provide CITY with: private
agreements and any related photographs regarding mediation services; and written reports or
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statements explaining why a particular mediation meeting failed.
1.3 Schedule of Work
Upon request by the CITY, CONSULT ANT shall perform with due diligence and
in reasonable time the services requested by the CITY. Time is of the essence in this
Agreement. CONSULTANT shall not be responsible for delay, nor shall CONSULTANT be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or to
approve or disapprove CONSUL TANT's work promptly, or delay or faulty performance by
CITY, other consultants/contractors, or governmental agencies, or any other delays beyond
CONSUL TANT's control or without CONSUL TANT's fault.
2.1 Fee
ARTICLE 2
COMPENSATION
CITY agrees to compensate CONSUL TANT at a fixed rate of one hundred and
twenty five dollars ($125) per hour ("Hourly Rate"), which includes all labor and costs, and in
any case an amount not to exceed forty thousand dollars ($40,000) annually for the services
described in Article 1. The Hourly Rate shall be in effect through the end of this Agreement.
2.2 Payment Address
All payments due CONSULT ANT shall be paid to:
Ms. Coleen Berg
Choice Mediation
4 703 Merrill Street
Torrance, CA 90503
2.3 Terms of Compensation
CONSULT ANT shall submit monthly invoices for the yvork and number of work
hours completed in the previous month. CITY agrees to authorize payment for all undisputed
invoice amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best
efforts to notify CONSUL TANT of any disputed invoice amounts within ten (10) days of the
receipt of each invoice. However, CITY's failure to timely notify CONSUL TANT of a disputed
amount shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
CONSULTANT within forty-five (45) days after invoices are received by CITY, then CITY
agrees that CONSULT ANT shall have the right to consider said default a total breach of this
Agreement and be terminated by CONSULT ANT without liability to CONSULT ANT upon ten
(10) working days advance written notice to CITY.
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2.4 Additional Services
CITY may request additional specified work under this Agreement. All such
work must be authorized in writing by the CITY's Director of Community Development prior to
commencement. CONSUL TANT shall perform such services, and CITY shall pay for such
additional services at the Hourly Rate.
2.5 Term of Agreement
This Agreement shall commence on July 1, 2013 and shall terminate on June
30, 2015, unless sooner terminated pursuant to Article 4 of this Agreement.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSULTANT shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers (collectively "lndemnitees")
free and harmless from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively "Claims"), in any manner arising out of or incident to any acts or
omissions of CONSULT ANT, its officials, officers, employees or agents in connection with the
performance of this Agreement, including without limitation the payment of all consequential
damages, attorneys' fees, and other related costs and expenses, except for such Claims
arising out of the sole negligence or willful misconduct of the lndemnitees. With respect to
any and all such Claims, CONSULTANT shall defend lndemnitees at CONSULTANT's own
cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be
rendered against lndemnitees. CONSULTANT shall reimburse lndemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. CONSUL TANT's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by CONSUL TANT or lndemnitees. All duties of
CONSUL TANT under this Section shall survive termination of this Agreement.
3.2 Insurance
Not less than one day prior to commencing performance under this Agreement,
CONSUL TANT shall submit to CITY certificates evidencing compliance with the following
minimum insurance requirements, and the fully policies which include these requirements,
which compliance shall be maintained during the full term of this Agreement:
(a) General liability insurance protecting CONSULTANT in an amount not
less than $100,000 per occurrence, and $300,000 in the aggregate, for bodily injury, personal
injury, loss and property damage for any activities undertaken by CONSUL TANT or her
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employees in the performance of this Agreement, automobile liability insurance protecting
CONSUL TANT and her employees in the minimum amount required by state law, and
workers' compensation insurance as required by law. CONSUL TANT will maintain in full
force and effect during the term of this Agreement professional errors and omissions
insurance in an amount not less than $100,000 per claim and in the aggregate for errors
and/or omissions of CONSUL TANT in the performance of this Agreement. All of
CONSUL TANT's policies of insurance shall:
(i) Be issued by an insurance company that is admitted to conduct
business in the State of California and that is rated in Best's Insurance Guide with a rating of
A:Vll or better.
(ii) Name and list as additional insureds CITY, and its officers, agents,
and employees.
(iii) Be primary to any other similar insurance. Each insurance policy
shall contain a provision that prohibits cancellation or modification without 30 days prior
written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of
premium. Additionally, CONSUL TANT shall provide immediate notice to the City if it receives
a cancellation or policy revision notice from the insurer.
(iv) The insurance certificates evidencing the required insurance,
copies of the full policies, and endorsements naming CITY, its officers, employees, and
agents as additional insureds, shall be submitted to CITY, and CITY has the right to approve
or disapprove any insurance procured by CONSULT ANT under the standards of this Section.
Procurement of insurance by CONSULT ANT shall not be construed as a limitation of
CONSUL TANT's liability or as full performance of CONSULT ANT's duties to indemnify, hold
harmless, and defend under this Agreement.
(v) The insurance provided by CONSUL TANT shall be primary to any
coverage available to CITY. The insurance policies (other than workers compensation and
professional liability) shall include provisions for waiver of subrogation.
(vi) Cover the services of CONSUL TANT to be provided under the
terms of this Agreement.
(vii) Be acceptable to the City Attorney.
(b) CONSUL TANT's failure to comply with the insurance requirements of this
Section shall be a material breach of this Agreement. CONSULT ANT agrees that it will not
cancel or reduce any required insurance coverage. CONSULT ANT agrees that if it does not
keep the aforesaid insurance in full force and effect, CITY may either immediately terminate
this Agreement or, if insurance is available at a reasonable cost, CITY may take out the
necessary insurance and pay, at CONSUL TANT's expense, the premium thereon.
(c) CONSUL TANT shall not commence the performance of its services
under this Agreement until the required insurance has been obtained and appropriate
certificates of insurance have been filed with CITY. CONSUL TANT agrees that provisions
substantially similar to those set forth in this Section will be included in any subcontract
executed by CONSULTANT.
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ARTICLE4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at anytime, with or without cause, by
the CITY upon five (5) days prior written notice or by CONSUL TANT upon thirty (30) days
prior written notice. Notice shall be deemed served if completed in compliance with Section
6.15.
(b) In the event of termination or cancellation of this Agreement by
CONSULTANT or CITY, due to no fault or failure of performance by CONSULTANT,
CONSULTANT shall be paid compensation for all services performed by CONSULTANT, in
an amount to be determined as follows: for work satisfactorily done in accordance with all of
the terms and provisions of this Agreement as determined by the CITY, CONSUL TANT shall
be paid an amount equal to the percentage of services performed prior to the effective date of
termination or cancellation in accordance with the work items; provided, in no event shall the
amount of money paid under the foregoing provisions of this paragraph exceed the amount
which would have been paid to CONSUL TANT for the full performance of the services
described in this Agreement.
ARTICLE 5
CONFIDENTIALITY OF DOCUMENTS
5.1 Confidentiality
All documents, information, emails, data, exhibits, plans, specifications, reports,
photographs, images, video files and media created or developed by CONSUL TANT pursuant
to this Agreement ("Written Products") are confidential. CONSUL TANT agrees that all Written
Products shall not be made available to any third party.
6.1 Representation
ARTICLE 6
GENERAL PROVISIONS
The CITY's representative shall be the Director of Community Development or
his or her designee, and the CONSUL TANT's representative shall be Ms. Coleen Berg.
These individuals shall be the primary contact persons for the parties regarding performance
of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, CONSULT ANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California Government
Code Sections 12940-48), the applicable equal employment provisions of the Civil Rights Act
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of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities Act of 1990 (42 U.S.C. §
11200, et seq.).
6.3 Personnel
Ms. Coleen Berg shall be the designated representative providing services to
CITY, and this designated representative shall not be replaced without the CITY's prior written
consent.
6.4 CONSUL TANT's Representations
CONSULTANT represents, covenants and agrees that: a) CONSULTANT is
licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to
perform the services in accordance with the terms and conditions set forth in this Agreement;
b) there are no obligations, commitments, or impediments of any kind that will limit or prevent
CONSUL TANT's full performance under this Agreement; c) to the extent required by the
standard of practice, CONSUL TANT has investigated and considered the scope of services
performed, has carefully considered how the services should be performed, and understands
the facilities, difficulties and restrictions attending performance of the services under this
Agreement.
6.5 Business License Required
CONSUL TANT shall obtain a CITY business license prior to commencing the
services specified in this Agreement and maintain that business license throughout the
duration of the term of the Agreement.
6.6 Conflicts of Interest
CONSULT ANT agrees not to accept any employment or representation during
the term of this Agreement or within twelve (12) months after completion of the work under
this Agreement which is or may likely make CONSULTANT "financially interested" (as
provided in California Government Code Sections 1090 and 87100) in any decisions made by
CITY on any matter in connection with which CONSUL TANT has been retained pursuant to
this Agreement.
6. 7 Legal Action
(a) Should either party to this Agreement bring legal action against the other,
the validity, interpretation, and performance of this Agreement shall be controlled by and
construed under the laws of the State of California, excluding California's choice of law rules.
Venue for any such action relating to this Agreement shall be in the Los Angeles County
Superior Court.
(b) If any legal action or other proceeding, including action for declaratory
relief, is brought for the enforcement of this Agreement or because of an alleged dispute,
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breach, default or misrepresentation in connection with this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in
addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party other
than CONSULT ANT require the testimony of CONSULT ANT when there is no allegation that
CONSUL TANT was negligent, CITY shall compensate CONSUL TANT for its testimony and
preparation to testify at the hourly rates in effect at the time of such testimony.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by CONSULT ANT
without the prior written consent of the CITY. Any such purported assignment without written
consent shall be null and void, and CONSULT ANT shall hold harmless, defend and indemnify
the CITY and its officers, officials, employees, agents and representatives with respect to any
claim, demand or action arising from any unauthorized assignment.
Notwithstanding the above, CONSULT ANT may use the services of persons
and entities not in CONSUL TANT's direct employ, when it is appropriate and customary to do
so. Such persons and entities include, but are not necessarily limited to, surveyors,
specialized consultants, and testing laboratories. CONSUL TANT's use of subcontractors for
additional services shall not be unreasonably restricted by the CITY provided CONSUL TANT
notifies the CITY in advance.
6.9 Independent Contractor
CONSUL TANT is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over the
conduct of CONSUL TANT or any of the CONSUL TANT's employees, except as herein set
forth, and CONSUL TANT is free to dispose of all portions of its time and activities which it is
not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the CONSUL TANT wishes except as expressly provided in this Agreement.
CONSUL TANT shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. CONSUL TANT shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are in any
manner agents, servants or employees of CITY. CONSUL TANT agrees to pay all required
taxes on amounts paid to CONSUL TANT under this Agreement, and to indemnify and hold
the CITY harmless from any and all taxes, assessments, penalties, and interest asserted
against the CITY by reason of the independent contractor relationship created by this
Agreement. CONSUL TANT shall fully comply with the workers' compensation law regarding
CONSUL TANT and its employees. CONSUL TANT further agrees to indemnify and hold the
CITY harmless from any failure of CONSUL TANT to comply with applicable workers'
compensation laws. The CITY shall have the right to offset against the amount of any fees
due to CONSUL TANT under this Agreement any amount due to the CITY from
CONSUL TANT as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
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6.10 Titles
The titles used in this Agreement are for general reference only and are not part
of the Agreement.
6.11 Entire Agreement
This Agreement, including any other documents incorporated herein by specific
reference, represents the entire and integrated agreement between CITY and CONSUL TANT
and supersedes all prior negotiations, representations or agreements, either written or oral.
This Agreement may be modified or amended, or provisions or breach may be waived, only
by subsequent written agreement signed by both parties.
6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the interpretation
of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of
interpretation providing for interpretation against the party who causes the uncertainty to exist
or against the party who drafted the Agreement or who drafted that portion of the Agreement.
6.13 Non-Waiver of Terms. Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by the CITY of any payment to CONSULTANT
constitute or be construed as a waiver by the CITY of any breach of covenant, or any default
which may then exist on the part of CONSULT ANT, and the making of any such payment by
the CITY shall in no way impair or prejudice any right or remedy available to the CITY with
regard to such breach or default.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during CITY's regular
business hours or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses listed below, or at such other address as one party may
notify the other:
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To CITY:
Mr. Joel Rojas, Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
To CONSUL TANT:
Ms. Coleen Berg, Mediator
Choice Mediation
4 703 Merrill Street
Torrance, CA 90503
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated: -----------
Dated: __________ _
ATTEST:
By: ___________ _
City Clerk
R6876-0001\1584231v2.doc
MS. COLEEN BERG
("CONSUL TANT")
By: ____________ ~
CITY OF RANCHO PALOS VERDES
("CITY")
By: ___________ _
Mayor
APPROVED AS TO FORM:
By: ___________ _
City Attorney
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Exhibit "A": City of Rancho Palos Verdes
Local View Restoration Guidelines and Procedures
F-13
CITY OF RANCHO PALOS VERDES
GUIDELINES AND PROCEDURES
FOR
RESTORATlON OF VIEWS WHERE
FOLIAGE JS INVOLVED (VIEW RESTORATION PERMITS)
AND PRESERVATION OF VIEWS WHERE FOLIAGE IS INVOLVED
(CODE ENFORCEMEND
ADOPTED ON:
July 20, 2010
Community Development Department
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TABLE OF CONTENTS
I. PU.RPOSE ................................................................................................................ 2
II. DEFINITIONS ........................................................................................................... 3
Ill. ESTABLISHING THE VIEWING AREA .................................................................. .4
IV. APPLICAT.ION PROCEDURES ................................................................................ 6
V. MANDATORY FINDINGS ......................................................................................... 9
VI. COMMISSION ACTION ......................................................................................... 15
VII. APPEAL OF COMMISSION DECISION ..... , ........................................................... 21
VIII. VIEW PRESERVATION ........................................................................................... 22
ATTACHMENTS
Notice of Intent to File a View RestorationNiew Preservation Permit Application Form
View RestorationNiew Preservation Permit Application Form
View Restoration Permit Early Neighbor Consultation Process
View RestorationNiew Preservati.on Permit Process Flowchart
View RestorationNiew Preservation Appeal Process Flowchart
Map of Miraleste Recreation .and Park District Boundaries
List of Streets within the Miraleste Homeowners' Association
RPV Development Code Section 17.02.040
Sample View Restoration Private Agreement
Documentation of Existing View or Foliage Form
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 201 O
I. PURPOSE
A. The View Restoration Commission was created in accordance with Article 17
of Paragraph A of Section 2 of the Rancho Palos Verdes Council of Homeowners
Association and the City of Rancho Palos Verdes City Council Cooperative View
Preservation and Restoration Ordinance, which was passed by the voters of the City on
November 7, 1989. The Ordinance has been codified into the City's Municipal Code as
Section 17.02.040, View Preservation and Restoration.
B. The ballot measure, which was approved by the voters, states the purposes
of the Ordinance as follows:
"The hillsides of the City constitute a limited natural resourc.e in their
scenic value to all residents of and visitors to the City. The hillsides
provide potential vista points and view lots. The C.ity's General Plan
recognizes these natural resources and calls for their protection. The
public health1 safety and welfare of the City require prevention of
needless destruction and impairment of these limited vista points and
view lots. The purpose of this Ordinance is to promote the health, safety
and general welfare of the public by accomplishing the purposes set
forth below, .and this Ordinance shall be administered in accordance with
such purposes. Where this Ordinance is in conflict with other City
ordinahces, the stricter shall apply.
Specifically, this Ordinance:
1. Protects, enhances and perpetuates Views avallable to property
owners and visitors because of the unique topographical features of the
Palos Verdes Peninsula. These views provide unique and irreplaceable
assets to the City and its neighboring communities and provide for this
and future generations examples of the unique physical surroundings
which are characteristic of the City.
2. Defines and protects finite visual resources by establishing limits
which construction and plant growth can attain before encroaching onto
a view.
3. Insures that the development of each parcel of land or additions to
residences or structures occur in a manner which is harmonious and
maintains neighborhood compatibility and the character of contiguous
sub-community development as defined in the General Plan.
4. Requires the pruning of dense foliage or tree growth which alone, or
i.n conjunction with construction, exceeds defined limits."
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
Thus, the general purpose of the Ordinance is to promote the health, safety and
general welfare of the residents of the City, by balancing the rights of the residential
property owner with foliage against the rights of the residential property owner to have a
view from a viewing area restored so that it can be enjoyed, when that view has been
significantly impaired by foliage.
C. The Planning Commission accomplishes its purpose through a process of
View Restoration Permit application, site inspection, public hearings and a decision on
the application. The Commission's jurisdiction is limited to issues regarding view
impairment caused by foliage, through the issuance of View Restoration Permits, and
appeals of City Tree Review Permits and view preservation determinations.
b. View restoration requests Involving trees located on City-owned property,
such as public parks, parkways and medians along public streets, are administered by
City Staff through the issuance of a City Tree Review Permit issued pursuant to Section
17.76.100 of the Municipal Code .. Staff decisions on City Ttee Review Perrntts., and
view preservation determinations are appealable to the Planning Commission. When
reviewing Staff decisions regarding City Street Tree Review Permits, the Commission
shall utilize the same process as is followed when the Commission reviews a View
Restoration Permit application, excluding the early neighbor consultatioh process.
Decisions of the Planning Commission on all view related permits are appealable to the
City Council.
II. DEFINITIONS
A. Viewing Area
Section 17.02.040 (A)(15) of the Rancho Palos Verdes Municipal Code defines
"viewing area" as follows:
"Viewing area" means that area of a structure (excluding bathrooms,
hallways, garages or closets) or that area of a lot (excluding the setback areas)
where the owner and City determine the best and .most important view exists. In
structures, the finished floor elevation of any viewing area must be at or .above
the existing grade adjacent to the exterior wall of the part of the building nearest
to said viewing area."
B. View
Section 17.02.040 (A)(14) of the Rancho Palos Verdes Municipal Code defines
"view" as follows:
"On the Palos Verdes Peninsula, it is quite common to have a near view
and a far view because of the nature of many of the hills on the peninsula.
Therefore, a 'view', which is protected by this section, is as follows:
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
a. A 'near view' which Is defined as a scene located on the
peninsula including, but not limited to, a valley, ravine, equestrian trail,
pastoral environment or any natural setting; and/or
b. A 'far view• which is defined as a scene located off the
peninsula including, but not limited to, the ocean, Los Angeles basin,
city lights at night, harbor, Vincent Thomas Bridge, shoreline or off
shore islands.
A 'View' which is protected by this Section shall not include vacant land
that is developable under the city code, distant mountain areas not normally
visible nor the sky, either above distant mountain areas or above the height of off
shore islands. A 'View• may extend in any horizontal direction (360 degrees of
horizontal arc) and shall be considered as a single view even if broken into
segments by foliage, structures or other interference."
Ill. ESTABUSHING THE VIEWING AREA
A. Section 17.02.040 (8)(5) establishes the procedure for determining the
"viewing area" as follows:
"The determination of a viewing area shall be made by balancing the nature
of the view to be protected and the Importance of the area of the structure or lot
from where the view is taken. Once finally determined for a particular application,
the viewing area may not be changed for any subsequent application. In the
event the city and owner cannot agree on the viewing area, the decision of the
city shall control. A property owner may appeal the determination of viewing
area. In such event, the decision on the viewing area will be made by the body
making the final decision on the application. A property owner may preserve his
or her right to dispute the decision on viewing area for a subsequent application
without disputing the decision on a pending application by filing a statement to
that effect and indicating the viewing area the property owner believes to be more
appropriate. The statement shall be filed with the city prior to consideration of
the pending application by the City."
B. The "viewing area• of the applicant's property is where the best and most
important view is taken. The determination of the "viewing area" is made "by balancing
the nature of the view to be protected and the importance of the area of the structure or
lot from where the view is taken". After adoption of a Resolution or after a decision is
rendered on a View Restoration Permit, View Preservation Application, or City Tree
Review Permit, the applicant(s), foliage owner(s) or any interested person may file a
timely appeal (accompanied with the appeal fee estabJished by the City Council) of the
City's determination of the viewing area.
1. On developed lots, the "viewing area" may be located on any level
surface within the house (excluding bathrooms, closets, hallways or garages), which is
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
at or above the existing grade adjacent to the exterior wall of the part of the building
nearest to the "Viewing area" or within the buildable area of the lot. A viewing area may
be located on a patio, deck, balcony or lawn area which is adjacent to the primary
structure (generally within ten feet) and which is located on the same general grade on
the lot as the primary structure, excluding the required setback areas and used as a
gathering area. In determining the viewing area on a developed lot, greater weight
generally will be given to locations within the primary structure where a view is taken
than to locations outside of the primary structure where a view is taken, unless no view
is taken from within the primary structure.
2. On properties where the applicant claims that he or she has a view
from one or more locations either within or outside of the primary structure, it must be
determined where the best and most important view is taken to determine the "viewing
area" which is to be protected. The "viewing area" may only include multiple rooms or
locations on the applicant's property if those locations share the same view.
3. The "viewing area" may only be located on a second (or higher) story
of a structure if:
a. The construction of that portion of the structure did not require
approval of a height variation permit or variance, pursuant to Chapter 17.02.04.0 of the
Rancho Palos Verdes Municipal Code, or would not have required such a permit if that
Section had been in effect at the time that portion of the structure was constructed; or
b. The viewing area is located in a part of the structure that constitutes
the primary living area of the house, which is the living room, dining room, family room
or kitchen. However, the viewing area may be located in the master bedroom, if a view
Is not taken from one of the rooms comprjsing the primary living area, and the master
bedroom is Jocated on the same story of the house as the primary living area,
4. In documenting the views, Staff usually will conduct the view analysis
in a natural standing position. lh those cases where the view is enjoyed from a seated
position, Staff will verify if that is the case, and if so, will conduct the view analysis from
the seated position in that area at a height of not less than three (3) feet, six (6) inches.
5. Situations involving residential remodels that affect previously existing
viewing areas:
a. If a residence is legally remodeled whereby the viewing area,
which had been established previously through the issuance of an approved View
Restoration, View Preservation or City Tree Review Permit, is eliminated, the approved
View Restoration, View Preservation or City Tree Review Permit shall remain in full
force and effect, unless a new application is filed by the subject property owner, and
the prior determination is amended or repealed by a subsequent decision of the
Planning Commission or City Council or Community Development Director.
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
b. If a residence is legally remodeled whereby the viewing area,
which had been established previously through the issuance of an approved View
Restoration, View Preservation or City Tree Review Permit, is modified so that the
viewing area is in a different location in the residence or is significantly altered by the
remodel, a new viewing area in the remodeled structure may be established by the
Planning Commission or City Council or Community Development Director pursuant to
a decision on a new View Restoration, View Preservation or City Tree Review Permit
application filed by the subject property owner. In such situations, any previously issued
View Restoration, View Preservation or City Tree Review Permit decision may be
entirely or partially amended or repealed by the subsequent decision of the Planning
Commission or City Council or Community Development Director.
IV. . APPLICATION PROCEDURES
A. Once an applicant completes the early neighbor consultation process
described in Section V-A (Mandatory Findings) .of these Guidelines and the view
problem is not resolved and the applicant wishes to proceed, the applicant(s) may
complete and submit a View Restoration Permit application form (see attached form) to
the City's Department of Community Development, accompanied by the 'appropriate
filing fees, in order to initiate a formal request for a View Restoration Permit.
B. It should be noted that the fees required for a View Restoration Permit are
established by the City Council by resolution.
C. The following fee structure pertains to View Restoration Permits only and is
designed so that the applicant pays two separate flat fees as follows:
1. The first fee is a fi~ed amount that is paid by an applicant to cover the
City's costs associated with processing steps, such as reviewing the application for
compJeteness, conducting the initial site visit and processing a formal application from
submittal through a Planning Commission decision. Specifically, said fees would cover
the costs of reviewing an application for completeness1 conducting site visits, attending
the public hearing(s) and preparing the Staff Report(s) and Resolution(s).
2. The second fee or follow-up fee is a fixed amount established by City
Council resolution that would be paid by an applicant if an application is approved by
the Planning Commission. Specifically, this fee would cover the review of the
trimming/removal bids, the monitoring of the work, and the documentation of the
restored view.
3. The establishment of a trust deposit account by an applicant to cover
the cost of the actual foliage trimming/removal, as des.cribed in Section Vl-K
(Commission Action) is separate from the two processing fees described herein.
D. Once a formal View Restoration Permit application has been submitted, the
City will review the application to determine if the information is complete, before
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 201 o
beginning processing the application. If any information is missing or components of
the application are incomplete, the applicant will be notified of any deficiencies in
writing, and the application will be held In abeyance until the necessary materials are
received by the City. If an applicant does not submit the necessary information and the
application remains incomplete for six (6) months, the City shall administratively
withdraw the application.
E. Once the application is deemed complete, the following sequence of steps
shall occur in order to process an application for a View Restoration Permit (also see
attached flow chart):
1. Staff notifies the foliage owner(s), in writing, that a formal request for
view restoration has been filed with the City, attaching a copy of the application.
2. Staff schedules and conducts site visit(s) to the applicant's and foliage
owner's properties. During the first site visit to the foliage owner's property, Staff wilt
inquire as to whether the foUage owner wishes to have the Commission members visit
their property. A foliage owner may request Commissioners visit his/her property in
order to fuUy assess the case or demonstrate unique site conditiohs, such as special
landscaping, slope stability or privacy concerns. Requests. for the Commission to visit a
foliage owner's property must be made in writing by the foliage owner and will be
honored by the Commission.
3. Staff prepares a Staff Report to the Planning Commission, which wUI
include the following:
a. Application form;
b. Early Neighbor Consultation documentation;
c. An analysis of the six mandatory findings as set forth in Section
17.02.040(C)(2)(c) ofthe City's Municipal Code;
d. Recommendation(s) on the disposition of the application;
e. Determination if any of the Commission members are ineligible to
participate on the application, based on a conflict of interest due to the proximity of a
Commissioner's properties to the property that is the subject of the application. If a
Commissioner owns property that ls located within 500 feet of the subject property, a
conflict is presumed;
f. A tentative site visitation schedule for Commission members.
4. Staff establishes a date for the public hearing on the application and
provides written notice of the hearing to the applicant{ s) and the foliage owner( s) a
minimum of 30 days prior to the hearing date. Notice of the hearing date shall also be
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
published in a newspaper of general circulation in the City or clearly posted on each
applicant's property.
5. Staff distributes the staff report to members of the Planning
Commission a minimum of two weeks prior to the actual hearing date, and the
Commissioners visit the site(s).
a. Commissioners are required to visit the applicant's property.
Eligibility to participate in the decision on a View Restoration Permit application is
dependant on the Commissioner visiting the applicant's site(s) prior to the public
hearing. If an applicant refuses access to his or her site, the request for a View
Restoration Permit will be denied.
b. Commissioners will visit the foliage owner's property if requested to
do so by the foliage owner(s), in writing. Even if no request is made, Commissioners
frequently will attempt to visit a foliage owner's property unless the foliage owner denies
a Commissioner access. Although a foliage owner has discretion as to whether to allow
Commissioners into his/ her property, by not allowing site visits of their property, it may
be more diffi.cult for Commissioners to evaluate issues raised by the foliage owner when
considering an application.
c. Commissioners are responsible for arranging visits to the site(s).
However, no more than three (3) Commissioners may visit the site at the same time.
6. The Planning Commission conducts a public hearing pursuant to the
Commission's adopted Administrative Procedures. The Chairperson's instructions to
the audience will generally follow thes.e guidelines.:
a. Any person desiring to speak must first be recognized by the
Chairperson.
b. All participants must speak from the podium.
c. All speakers must first state their full names and addresses, and the
names of any persons in whose behalf they are appearing (if any).
d. All comments must be made clearly and audibly.
e. Repetition of comments should be avoided, and speakers will be
discouraged from reading a submission which has been copied and distributed to the
Commission or is contained in the agenda packet.
f. Normally, the applicant(s) and foliage owner(s) will be limited to a
five (5) minute presentation and a three (3) minute rebuttal (if requested). All other
persons will be generally limited to a three (3) minute presentation each.
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View Restoration and Preservation Permit Guidelines and Procedures
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g. Except when necessary for immediate clarification of a particular
point, no person shall be allowed to speak a second time until all others wishing to
speak have had an opportunity to do so, and then only at the direction of the
Chairperson.
h. Due to unusual complexity of the case, submission of expert
testimony or a large number of speakers on a particular case, the Chairperson, at his or
her discretion, may allocate more than five (5) minutes per side and allow those wishing
to speak on each side to designate a spokesperson or to divide the allotted time among
themselves.
7. After the public hearing is closed and the Commission has reached a
decision on the application, a resolution reflecting the Commission's decision shall be
adopted by the Commission. The resolution shall be drafted by Staff and, where
appropriate, reviewed by the City Attorney. If necessary, at a subsequent meeting, the
resolution may be placed on the Commission's Consent Calendar for final action.
Adoption of the resolution shall result in the issuance of a View Restoration Permit or
demial of the request.
F. Foliage not Specifically Designated
Conditions of approval of View Re$toration and Preservatton Permit Applications specify
individual trees or plants to be trimmed or removed. However, view-impairing foliage
often grows in clusters or is screened by foliage in the foreground so that individual
plants are not readily discernible. Therefore, foliage which is located on the same
property and is in the view that was analyzed by Staff but was not specifically
designated in the view analysis because it was behind other foliage which Was
specifically designated in the view analysis and was trimmed pursuant to the decision
and the conditions of approval, shall be trimmed to the same height that was
established by the Commission, for the designated foliage and the applicant shall p.ay
the additional expense of having the foliage trimmed.
G. Once the work is performed, Staff will document the applicant's view with
photographs taken from the applicant's viewing area with a standard camera lens that
will not alter the actual image that is being documented from the viewing area. The
photographs will be kept on file with the City and copies shall be given to all involved
parties to maintain the foliage in accordance with the City's final decision.
V. MANDATORY FINDINGS
Section 17.02.040(C)(2)(c) of the Municipal Code requires that, in order for a View
Restoration notice to be issued, the Planning Commissic>n must make the following six
mandatory findings:
A. "The applh:ant has complied with the early neighbor consultation
process and has shown proof of cooperation on his/her part to resolve conflicts."
Page 9 F-23
View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
1. Each applicant must provide ev.idence of early neighbor consultation
with each foliage owner, utHizing the process described below.
2. Evidence of adequate early neighbor consultation shall consist of each
applicant filing a "Notice of Intent to File a View Restoration Permit Application" with the
City prior to the submittal of a formal View Restoration Permit Application. Said notice
shall be on a form provided by the City and shall be signed by the owner of the
applicant's property. Each applicant shall indicate, by marking the appropriate box on
the "Notice of Intent to File a View Restoration Permit Application" that the applicant has
made an attempt to contact the foliage owner prior to submittal and shall submit written
proof pf that attempt in the form of a copy of a registered letter and the return receipt.
The notice shall include a signed statement from the applicant agreeing to meet with
City representatives and each foliage owner that will be named in the pending
application, to attempt to resolve any issues between the parties. The notice also shall
indicate at least three days and times when the applicant is available to attend the pre-
application meeting (see attached flowchart).
3. Upon receipt of a signed and complete Notice from an applicant, the
Community Development Director shall provide written notification to each foliage owner
listed in the Notice, via certified mail, of the pending application. The City's notification
letter shaU also request that the foliage owner attend one pre-application meeting at City
Hall to discuss the City's view restoration process with City representatives and the
applicant( s ). The notification letter to each foliage owner shall contain three possible
meeting times (date and time) identified by the City from which the foliage owner may
select. The determination of the three meetings shall be based on the applicants' and
City representatives' availability. The notification letter shall require that the foliage
owner respond baek to the City in writing, within 10 working days of the City's certified
mailing of the notification, with one selected date.
4. If any foliage owner responds in writing with a date selection within the
specified time frame, the Community Development Director shall arrange a pre-
application meeting at City Hall between the applicants, the foliage owners and City
representatives. Notice of the meeting shall be provided by the City to all parties, at
least 5 working days prior to the meeting date.
The purpose of the pre-application meeting is to discuss the City's view
restoration process with the affected parties and attempt to resolve the issues in order
to avoid the filing of a formal application.
5. The initial pre-application meeting arranged by the City shall occur no
later than 60 calendar days from the date that a "Notice of Intent to File a View
Restoration Permit Application" is filed by an applicant with the City. Additional pre-
application meetings with the City shall occur only if there is written consent from every
applicant and foliage owner. This does not preclude foliage owners and applicants from
meeting on their own with no City participation. If the applicant requests more than one
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
meeting within a 12-month period, then the City shall charge the applicant a mediation
fee (as established by City Council resolution) for eaoh additional meeting.1 and the
applicant shall pay the fee to the City prior to the scheduling of any additional mediation
meetings.
6. The Community Development Director or his/her deslgnee shall attend
the pre-application meeting. In addition, a view restoration mediator shall attend the pre-
application meeting. Mediators who reside within 500 feet of the applicant or foliage
owner properties are ineligible to participate in the pre~application meeting.
7. Once an applicant .submits a "Notice of Intent to File a View
Restoration Permit Application" and the City provides notification to a foliage owner of
the pending application and requests their attendance at a pre-application meeting, the
early neighbor consultation process shall be deemed to be terminated and the
applicant(s) may immediately file a formal View Restoration Permit Application with the
City if any of the following occurs:
a. A foliage owner fails to respond in writing with a date selection
within the time frame specified in the City1s notification letter;
b. A foliage owner notifies the City in writing that he/she does not wish
to attend the pre-application meeting;
c. A foliage owner falls to attend the arranged pre-application meeting;
or
d. Uni.ass waived in writing by every applicant for a particular
application, sixty (60) calendar days have elapsed from the date that a complete 11Notice
of Intent to File a View Restoration Permit Application" was submitted lo the City by the
applicant(s).
8. If an agreement is reached between the parties as a result of the pre-
application meeting, Staff ahd/or the Mediator will encourage the participants to prepare
and will assist in the preparation of the private agreement for the parties to sign .(see
attached sample). ·
9. Al the public hearing, the applicant may be asked to explain his/her
specific efforts to comply with the ordinance requirement for attempting to resolve
conflict.
B. "Foliage exceeding sixteen (16) feet or the ridge line of the primary
structure, whichever is lower, significantly impairs a view from the applicant's
viewing area, whether such foliage is located totally on one property, or when
combined with foliage located on more than one property."
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
1. After the location of the "viewing area" on the applicant's property is
determined, the Commission must find whether foliage, which exceeds the lower of
sixteen feet or the ridge line of the primary structure, significantly impairs a view from
the "viewing area".
2. To determine which of the two measurements referenced in the
paragraph above is the lowest, the sixteen (16) foot hei.ght measurement shall be
measured from the base of the plant or tree (where it emerges from the ground).
3. For structures with multiple roofline heights that would block the view if
the foliage were not present, foliage on the property, shall be lowered to the roofllne of
that portion of the structure that otherwise would block the view, as illustrated below in
Figure 1. Where a structure with multiple roofline heights does not otherwise block a
view, foliage on the property shall be trimmed to the applicable height limit set forth in
this paragraph "B".
---Foliage 'A'
Shallbe .-.
trimmed to
the height of
Rooftine 'A'
Figure 1
Roofline 'B' ----... ------.... -:::::: -------Roofline '/I\
Multiple ~oofline Str:ucture with Foliage
(Example: Ocean view from the applicant's viewing area)
,_ Foliage'B'
Shall be
-trimmed to
the height of
Rooftine'B'
4. Section 17.76.030 of the City1s Development Code limits the height of
hedges. A '•hedge" is defined by the Code as "shrubbery or trees planted and
maintained in such a manner as to create a physical barrier." A hedge can be included
in a View Restoration Permit application, if the top of the hedge exceeds sixteen feet,,
the Planning Commission may require a hedge to be trimmed to the lesser of sixteen
(16.) feet or the ridgeline of the primary structure, if necessary to restore the view.
However, if the top of the hedge is below sixteen feet or the ridgeline of the primary
structure, whichever measurement is lower, these cases shall be referred to the City's
Code Enforcement Division for resolution. Foliage which is determined by the Los
Angeles County Fire Department to be a fire hazard also shall be referred to the City's
Code Enforcement Division for immediate resolution.
5. The Planning Commission may, at its discretion, require the review of
any case by a qualified biologist or ornithologist, soils engineer, landscape architect,
arborist, or other appropriate professionals. The Staff shall be responsible for obtaining
qualified consultants to review and comment on the specific cases requested by the
Commission. In cases where expert advice is sought by the City, the applicant(s) shall
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
be responsible for bearing those costs. Staff will advise the applicant of the estimated
additional expense for the expert advice. If the applicant refuses to pay for that
expense and does not augment the trust deposit to cover that expense, then the
application will be administratively withdrawn by City Staff. If the applicant agrees to pay
for the expert advice, and the advice is provided to the Commission, the Commission,
again at its discretion, may abide by, or reject, the advice of the consultant(s).
Commission decisions must be .supported by substantial evidence in the record before
the Commission.
6. The Commission shall only take action on foliage which significantly
impairs a view from the applicant's viewing area. Foliage which does not significantly
impair a view may remain in the applicant's view frame. The following criteria may be
used to help determine whether a view is being "significantly" impaired by foliage:
a. Foliage Position Within the View Frame. Foliage that is located in
the center of a view frame is more likely to be found to create a significant view
impairrnent than foliage located on the outer edge of a view frame.
b. Single-component View vs. Multi-component View. Some view
frames contain a combination of different view components, such as a view of the
ocean, harbor and City lights (multi-component view); while some view frames consist
entirely of .one component, such as only a view of the ocean (single-component view).
Foliage that entirely obscures one of the components of a "multi-component" view is
more likely to be found to create a significant view impairment than foliage that impairs
the same degree of view of a "single-component" view (see diagram below).
c. Prominent Landmarks. Greater weight should be given to
prominent landmarks or other .significant features in the view frame such as the Vihcent
Thomas Bridge, harbor, shoreline, distant mountain areas. city ;skylines, and Channel
Islands. As a result, foliage which impairs a view of any of these landmarks is more
likely to be found to create a significant view impairment.
7 ' ~ .. ---""" ........ -------... ----------~... . _ ... .....__ _,..
Page 13 F-27
View Restoration and Preservation Permit Guidelines and Procedures
July 20, 201 O
C. ''The foliage to be removed is located on property, any part of which is
less than one thousand (1,000) feet from the applicant's property line."
Staff from the Department of Community Development will determine the
distance from the applicant's property line to the nearest property line of the site
containing the foliage under consideration.
D. "The foliage significantly impairing the view did not exist as view
impairing vegetation when the lot from which the view is taken was created."
1. Where the applicant's property and the property containing the foliage
in question, are both located in the same subdivision or in adjacent subdivisions, Staff
will determine the date at which the lots were created. Generally, the lots' recordation
date shall be the lots' creation date.
2. In other cases, the following sources of information may be used to
determine the time when the foliage under consideration began to impair the view:
a. Aerial photographs maintained by the City.
b. Other photographs taken on known dates indicating the presence of
vegetation or lack of vegetation.
c. Property descriptions prepared in connection with the sale of
property (e.g. multiple listing information, newspaper advertisements,
real estate flyers, etc.).
d. Testimony of witnesses.
e. Any reports documenting land conditions or site surveys that include
information about vegetation.
3. Recorded lot line adjustments shall not be considered to create a new
lot for the purpose of determining the date when the lot was created.
E. "Removal or trimming of the foliage will not cause an unreasonable
infringement of the privacy of the occupants of the property upon which the
foliage is located. 11
1. The burden of proving an "unreasonable infringement of indoor and/or
outdoor privacy'' shall be on the foliage owner. The Commission will make a
determination on a cas&-by-case basis.
Page 14 F-28
View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
2. Given the variety and number of options which are available to
preserve indoor privacy, greater weight generally will be given to protecting outdoor
privacy than to protecting indoor privacy.
F. "For property located within the boundaries of the Miraleste Recreation
and Parks District, the Commission shall also find that removal or trimming of
foliage strikes a reasonable balance between meeting the purposes of Section
17 .02.040 set forth in Section 1 of the Ordinance approved by the voters on
November 7, 1989, .and preserving the historical development of the Miraleste
Recreation and Parks District with large numbers of trees."
1. The Miraleste Recreation and Parks District has adopted a procedure
for responding to view restoration and maintenance requests for foliage located on its
properly. Such properties owned by the District are not subject to the City's View
.Restoration Permit process.
2. Properties located Within the boundaries of the District, but owned by a
person or entity other than the District, are subject to the· View Restoration Permit
process and the additional finding above.
3. A map of the boundaries of the Miraleste Recreation and Parks District
and a list of the streets within the Miraleste Homeowners' Association are attached.
VI. COMMISSION ACTION
A. If the Commission is able to make all of the mandatory findings set forth in
Section V (Mandatory Findings) above, then the Commission must determine the
action(s) which must be taken to restore the view. Such action(s) may include culling,
lacing, trimming, or removal of the foliage, which is significantly impairing the view from
the viewing area. These terms are defined as follows:
1. Culling shall mean the removal of dead, de.cayed, or weak limbs or
foliage from a tree or shrub.
2. Lacing shall mean a comprehensive method of pruning that
systematically removes excess foliage from a tree or shrub, but maintains it;s shape.
3. Trimming shall mean the removal of limbs or foliage from a tree or
shrub. Trimming includes, but is not limited to:
a. "Crown reducing", which is a comprehensive method of pruning that
reduces a tree's or shrub's height and/or spread. Crown reduction entails the reduction
of the top, sides or individual limbs by means of removal of the leaders or the longest
portion of limbs to a lateral branch large enough to assume the terminal; and,
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
b. "Crown raising", which is a comprehensive method of pruning that
removes limbs and fol.iage from the lower part of a tree or shrub in order to raise the
canopy of the tree or shrub over the view.
c. "Topping", which is the cutting of branches and/or trunk of a tree or
shrub in a manner which substantially reduces the overall height of the tree or shrub.
4. Removal shall mean the removal and disposal of a tree or shrub, by
grinding the shrub's or tree's stump to the existing grade or a depth below existing
grade to be determined by the Planning Commission on a case-by-case basis. If
existing topography or other physical limitations identified by the tree service contractor
preclude mechanical stump grinding, the stump shall be flush cut to existing grade or as
close to existing grade as possible, as determined by the tree service contractor. If a
foliage owner wishes to keep the stump, he or she may so elect; then, in no case, may
the remaining stump height exceed 18 inches above grade. Unless otherwise directed
by the Commission in connection with the decision on a particular application, removal
of the foliage shall not include the removal and disposal of a plant•s root system.
8. If any tree or shrub that is ordered to be culled, laced, or trimmed dies within
two years 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 cufling, lacing, or trimming .said tree or shrub will in all
probability cause the tree or shrub to die, and the foli~ge owner chooses not to accept
removal and replacement pS an option, either in writing or in public testimony during the
public hearin.g, 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 Vl-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.
C. Complete removal of any remaining portion of the tree or shrub that does not
significantly impair the view will only be .ordered if the owner of the prope.rty where the
foliage is located consents to the complete removal of the remaining tree or shrub and
the Commission finds:
1. That upon the advice of the City•s arborist, culling, lacing, or trimming
the foliage to sixteen (16} feet or the ridge line is likely to kill the tree or shrub or
threaten the public health, safety and welfare; or
Page 16 F-30
View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
2. That upon the advice of the City's arborist, culling, lacing, or trimming
the foliage to sixteen (16) feet or the ridgeJine will destroy the aesthetic value of the
foliage that Is to be trimmed, laced or reduced in height.
D. In order to balance trimming, the commission may require trimming portions
of a tree or shrub that are below 16 feet or the ridgeline provided the foliage owner
agrees. If a foliage owner agrees to such trimming, then he must do so either in
writing, within 30 days of final approval of a View Restoration or View Preservation
Permit or in public testimony taken during the hearing. If the foliage owner does not
agree, then the foliage owner will not be required to trim, lace or prune below that level
and the applicant will not be required to pay for the additional work.
E. The Commission also may order the applicant to replace trees or shrubs
which have been removed if the owner of the property where the foliage is located
consents to the replacement of the tree or shrub and the Commission finds:
1. That removal without replacement foliage will cause a significant
adverse impact on:
a. The public health. safety and welfare;
An example of this would be a situation where there is evidence before the Commission
that replacement foliage is needed to help stabilize a slope or minimize slope erosion.
b. The privacy of the owner of the property where the foliage is located;
An example of this would be a situation where there is evidence before the Commission
that replacement foliage to mitigate the loss of privacy provided by pre-existing foliage is
needed to help screen or block views from the applicant's property into th.e foliage
owner's usable yard area (deck, patio, poolfspa area, barbecue area} and/or residence
(unless interior privacy can be achieved by other means).
c. Shade provided to the dwe11ing or the property where the foliage is
located;
An example of this would be a situation where there is evidence before the Commission
that replacement foliage is needed to help provide shade to an area of the foliage
owner's property, such as a usable yard area (deck, patio, pool/spa area, barbecue
area) or residence, that is receiving shade from the foliage that is to be removed.
d. The energy-efficiency of the dwelling where the foliage is located;
An example of this would be a situation where there is evidence before the Commission
that replacement foliage is needed to help cool an area of the foliage owner's residence
in the summer months that is being kept cool by foliage that is to be removed.
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e. The health or viability of the remaining landscaping where the
foliage is located; or
An example of this would be a situation where there is evidence before the Commission
that replacement foliage is needed to help provide shade to existing sun-sensitive
landscaping on the foliage owner's property, that is receiving shade from the foliage that
is to be removed.
f. The integrity of the landscaping of the property on which the foliage
is located.
An example of this would be a situation where there is evidence before the Commission
that replacement foliage is needed to rep1ace foliage that is a focal point or integral
element of an existing landscaping plan.
g. The function of the landscaping as screening of an unfinished wall or
structural elements of a deck or other similar structure on an adjacent property.
An example of this would be a situation where there is evidence l:>efore the Commission
that replacement foliage is needed lo replace foliage that provides effective screening of
unsightly feature(s) located on an adjacent upslope property. Such features may include
but are not .limited to unfinished walls, or the support elements underneath decks and
structures.
F. The Commission shall ensure that replacement foliage is reasonably
comparable to the foliage removed in terms of function and/or aesthetics while
understanding that the replacement foliage will not be .of the same height, size and
breadth as the pre-existing mature foliage. For example, if replacement foliage is
determined to be necessary to replace ·foliage located on a slope, the replacement
foliage should be of a woody-root species variety that provides soil stability. ihe
selection of the type of replacement foliage shall be made by the foliage owner s1,Jbject
to approval by the Community Development Director.
G. The Commisslon Is not obligated to order replacement of every tree or shrub
ordered removed with a new tree or shrub. For example, two new replacement trees
may be able to provide the same level of privacy as five pre-existing trees that are
ordered removed. Replacement trees or shrubs generally should be of a 15-gallon size,
and should not be larger than a '24-inch box size, unless warranted by the need to
reasonably protect privacy or exceptional circt,1mstances and the tree or shrub that is
being replaced is substantially larger than a 24-inch box size.
H. The Commission may require that a long-term foliage maintenance schedule
be incorporated into the conditions of approval of an approved View Restoration Permit.
The purpose of the maintenance schedule is to dictate the minimum frequency of future
trimming (i.e. semi-annual, annual or biennial) based on the growth rates of the subject
foliage so as to not significantly impair a view. Alternatively, the Commission may
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specify the amount of allowable growth as measured with respect to a fixed point of
reference that will not significantly encroach into the view, and require that when this
point is reached, the foliage owner may be required to trim the foliage back to the height
established by the Commission. In establishing the maintenance schedule, the
Commission may take into account seasonal dormant periods of the subject foliage,
when trimming is least harmful to the foliage.
I. The Commission shall require that a property owner trim or remove foliage
within ninety (90) days. If no date is specified by the Commission, the ninety day time
frame shall· commence upon the receipt of a letter from the City notifying the foliage
owner to trim/remove the foJiage. Such a letter is sent by the City once a trust account
has been established by the applicant for the cost of the trimming/removal and tree or
shrub· replacement. Within the ninety (90) day time frame, but not less than two weeks
before the trimming/removal date, the foli~ge owner shall inform City Staff of the date
and approximate time the work is scheduled to occur, so that staff may be available on-
site to ensure the work is performed in accordance with the Commission's decision.
Staff strongly encourages that the foliage owner to schedule a date during the Monday
thru Friday workweek. Staff's on-site monitoring of the tree trimming/remov;;al work shall
include, if necessary, directing the foliage owner to trim additional foliage that was not
specificalJy designated by the Planning Commission but found by staff to be sigrtificantly
impairing the same view after the specified foliage is trimmed, provided the Planning
Commission had imposed such a condition in its decision. Said additional foliage shall
be trimmed to the· same height that was established by the Commission for the
designated foliage and the applicant shall pay the additional expense of having the
foliage trimmed.
If evidence is provided to the Commission that a tree or shrub, subject to tree
trimming or removal, contains nests (or eggs) of birds that are designated under the
Migratory Bird Treaty Act and California Department of Fish and Game Code, the
Commission may require that the subject foliage be trimmed within a ninety (90) day
time period after the nest{s) is determined by a qualified biologist or ornithologist to be
inactive.
If evidence is provided to the Commlssi.on that it is less harmful to trlm certain
foliage during the foliage's dormant pe.riod, the Commission may require that the subject
foliage be trimmed ninety {90) days from an established date. In situations where
foliage is dormant during the winter months, the Commission shall require that the
trimming be performed during the months of November through March. In situations
where the Commission determines that not all of the foliage on a property needs to be
trimmed during a specific time of the year, the Commission may take either of the
following actions:
1. Establish a specified time period for trimming the time-sensitive foliage
and establish a different time period for trimming the remaining foliage. This will require
the foliage owner to perform two separate trimming actiohs.
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2. Establish a specified time period for trimming the time-sensitive foliage
and require that the remaining foliage also be trimmed at that time.
J. Unless the Commission specifies the amount of allowable growth pursuant to
subsection Vl-H the Commission may require that all maintenance schedules
incorporated into the conditions of approval of a View Restoration Permit be reviewed at
a future date to allow the Commission an opportunity to assess the adequacy of the
maintenance schedule, as well as the foliage owner's ability to maintain the foliage in
compliance with the conditions of approval. The review date shall occur a minimum of
one year after the initial trimming is performed. The specific date shall be set by the
Commission at the time It makes Its decision on a View Restoration Permit, and shall be
based. on the growth rates of the subject foliage, as well as any other factors that the
Commission finds are pertinent to the decision. On or about the specified review date,
City Staff will inspect the foliage sites and transmit a brief report to the Commission
which describes whether the foliage is being maintained in accordance with the
conditions of approval. The report shall also contain a recommendation from City Staff
as to whether the maintenance schedule should be amended. The Commission shall
consider the report and determine if a public hearing to amend the conditions of
approval is necessary. If a public hearing is determined to be necessary, Staff shall
transmit to the Commlsslon a report with recommendations for additional or modified
conditions of approval. Notice of the public hearing shall be provided In the same
manner as required by Municipal Code Section 17.02.040 for the original public hearing.
The Commission decision on the review hearing is appealable to the City Council
pursuant to Municipal Code Section 17.02.040.
The Commission shall require that an applicant submit one (1) to three (3)
itemized estimates to the City for carrying out the work required by an approved View
Restoration Permit. The work estimate shall also include tree or shrub removal and
replacement costs for any tree or shrub that dies as a result of the ordered trimming,
provided that the tree or shrub was not a tree or shrub identified by the City Arborist as
likely to die as a result of said trimming. Said estimates shall be submitted within thirty
(30) days after the adoption of the Resolution and shall include the cost to have an ISA
certified tree trimmer or accredited arborist on site to perform or supervise the work
being done. Said estimates are to be supplied by licensed landscape or licensed tree
service contractors, acceptable to the City, which provide insurance by insurers in a
form acceptable to the City, and shall include all costs of cleanup and removal of debris.
Said insurance shall identify the property owner and the City (and its officers, agents
and employees) as additionally named insureds, and shall have a coverage amount of
no less than $1,000,000 for each occurrence and no less than $2,000,000 in the
aggregate. In addition, the applicant shall pay to the City an amount equal to the lowest
of the estimates and such funds shall be maintained by the City, in a City trust account
until completion of the work as verified by City Staff.
Upon completion of the work, the foliage owner shall submit a copy of a paid
Invoice to the City. Within 10 calendar days of the submittal of the invoice and
verification by City Staff of compliance, the City shall authorize the transmittal of funds
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
from the City trust account to the foliage owner. If there are remaining funds in the trust
account to cover the costs of removing and replacing trees or shrubs, then the funds
shall remain in the trust account for a period of two years or longer if determined by the
Planning Commission until City Staff determines that removal of dead trees or shrubs is
not warranted. A reimbursement check to the foliage owner shall be released by the
City no later than 30 days following Staffs authorization. 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 (less the monies needed
to remove and replace dead trees or shrubs} shall be refunded to the applicant within 30
days of receipt of the appropriate billing. If the paid invoice submitted by the foliage
owner. is for an amount that exceeds the funds in the City's trust account established for
the initial trimming or removal and replacement of trees or shrubs, the foliage owner
shall only receive the funds from the City trust account and the foliage owner shall be
responsible for paying the difference. If a foliage owner chooses to do the required
work himself/herself, the foliage owner shall not be compensated from the City trust
account and the amount in the trust account shall be refunded to the applicant(s).
If the required work as specified herein is not completed, as verified by Staff,
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. If the fo.liage owner does not pay the invoice, a lien or assessment may be
recorded against the foliage owner's property, pursuant to Title 8, Chapter 24 of the
Rancho Palos Verdes Municipal Code.
VII. APPEAL OF COMMISSION DECISION
A. A decision of the Commission on a view related permit is appealable to the
City Council. After considering the written and oral testimony at the appeal hearing, the
City Council may take one of the following actions:
1. Affirm the decision of the Planning Commission and approve the
application upon finding that all applicable findings have been correctly made and all
provisions of Section 17.02.040(C)(2) of the Municipal Code have been complied with;
or
2. Approve the application but impose additional or different conditions as
the City Council deems necessary to fulfill the purposes of Section 17.02.040(C)(2); or
3. Disapprove the application upon finding that all applicable findings
cannot be made or all provisions of Section 17.02.040(C)(2) have not been complied
with; or
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4. Refer the matter back to the Planning Commission to conduct further
proceedings. The remanded proceedings may include the presentation of significant
new evidence which was raised in conjunction with the appeal. The City Council shall
state the ground(s) for the remand and shall give instructions to Planning Commission
concerning any error found by the City Council in the Commission's prior determination.
B. The appeal hearing may be conducted in a room other than the regular City
Council chambers (e.g. the Fireside Room at the Hesse Park Community Center). The
establishment of specific time allotments for speakers is optional and may be set or
waived by the Mayor at the Mayor's discretion. The room may be arranged in a manner
that promotes a "round table" discussion among the involved parties.
VIII. ·VIEW PRESERVATION
With regard to foliage obstructing a view after the issuance of a View Restoration
Permit or upon the effective date of the Ordinance (November 17. 1989), Section
17.02.040(8)(3) of the Municipal Code states:
"Foliage Obstruction. No person shall significantly impair a view from a
viewing area of a lot:
a. By permitting foliage to .grow to a height exceeding the height
determined by the View Restoration or Planning Commission
through the issuance of a View Restoration Permit under
subsection C.2 of this 1Section; or
b. If no View Restoration Permit has been issued by the View
Restoration Commission or Planning Cotnmission, by permitting
foliage to grow to a height exceeding the lesser of:
(i} The ridge line of the primary structure on the property, or
(Ii) Sixteen (16) feet.
If foliage on the property already exceeds the provisions of subdivisions (I)
and (ii) referenced above on the effective date of this Section, as approved by the
voters on November 7, 1989, and significantly impairs a view from a viewing area
of a lot, then notwithstanding whether any person has sought or obtained
issuance of a view restoration permit, the foliage owner shall not let the foliage
exceed the height existing on the effective date of this section (November 17,
1989). The purpose of this paragraph is to ensure that the owners of foliage
which violates the provisions of this paragraph on the effective date of this
section shall not allow the foliage to increase in height. This paragraph does not
'grandfather' or otherwise permit such foliage to continue to block a view."
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View Restoration and Preservation Permit Guidelines and Procedures
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A. View Preservation After the Issuance of a View Restoration Permit
(Maintenance Trimming)
1. After the issuance of a View Restoration Permit (VRP) and the initial
foliage trimming and/or removal has been completed in accordance with the approved
permit, Staff shall document the restored view through the use of color or black and
white photography or other method approved by the Commission. The photographic
documentation shall be made part of the City's permanent records and shall be kept on
file at the Community Development Department. Once the initial work associated with
an approved View Restoration Permit is performed and the restored view is
documented with a photograph, the photographic documentation of the restored view
shall be used as a benchmark by City Staff for making a determination of significant
view impairment in any future view preservation enforcement actions that become
necessary.
Upon receipt of a complaint from a View Restoration Permit (VRP)
appJicant or the subsequent owner of an applicant's property, that foliage subject to a
VRP decision has .exceeded the height limit imposed by a View Re.storation Permit, City
Staff shall visit the site and examine the photographic documentation on file or other
evidence to determine Whether the foliage has been maintained in a manner that is
co.nsistent with the approved View Restoration Permit (VRP). If foliage which is the
subject of an approved VRP exceeds the height limits prescribed in the approved VRP,
the City sha11 o.rder that the foliage owner bring the foliage into compliance within 30
days. If the foliage owner does not comply within the specified time, the City will impose
a fine (established by Council Resolution) and the matter will be forwarded to the City
Attorney1s office. Alternatively, if the foliage does not exceed the height limits
prescribed in the approved VRP, the City will impose a fine (established by Council
resolution) against the applicant. If City Staff determines that the foliage is in
compliance With the VRP, no 'further action Will be taken in response to the complaint.
Unless specified in a Commission approved long..:term maintenance. schedule, a
property owner shall be limited to filing a complaint about foliage subject to an approved
VRP, without payment of a fee a maximum of once every twelve (12) months. If a
property owner wishes to file a complaint more frequently than once every twelve (12)
months, the property owner may do so upon payment of a fee established by City
Council Resolution.
2. If foliage not subject to the View Restoration Permit subsequently
grows into the VRP applicant's documented view, said new foliage shall be considered
si.gnificant view impairing foliage only if the new foliage exceeds the lesser of the ridge
line of the primary structure on the property or sixteen (16) feet. Upon notification from
a property owner that the new foliage has grown into the documented view, Staff will
visit the VRP applicant's property to verify that the new view-impairing foliage is not in
compliance with the foliage conditions shown in the documented photo. If such a
situation is found, then Staff shall issue a written notice to the foliage owner informing
him/her that Staff has verified that the documented view is significantly impaired by
foliage on the property. Such notice shall require that the foliage owner trim or remove
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
the offending foliage to the condition shown in the documented view photograph on file
with the City, within 30 days of receiving such notice and maintain such foliage on a
schedule equivalent to the minimum trimming maintenance cycle imposed by the
Commission or Council for the foliage that is subject to the associated View Restoration
Permit.
3. If the maintenance trimming described in Sections Vlll-A2 and A3 is not
completed by the foliage owner as specified by City Staff, 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. 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 permit. If the foliage owner does not pay the invoice, a lien or assessment
may be recorded against the foliage owner's property, pursuant to Title 8, Chapter 24 of
the Rancho Palos Verdes Municipal Code.
8. View Preservation in Absence of a View Restoration Permit
1. An owner of foliage is responsible for protecting any right he or she has
to exceed the foliage height limitations that went into effect on November 17, 1989, by
submitting the appropriate documentation, which can include photographs.
2. The property owner wishing to protect his/her existing view is
responsible for submitting: 1.) documentation of the view, as it existed on or after the
effective date of the Ordinance; and/or 2.) documentation of the view impairing foliage
as it existed on November 17, 1989. Documentation shall consist of the .submittal of a
"Documentation of Existing View or FoUage" Form (attached) accompanied by color or
black and white photographs, which clearly provide evidence that accurately depicts the
view and/or foUaae as it existed from the property owner's viewing area on the date the
photograph was taken. The submitted documentation shatl be verified by City Staff with
a visit to the view impaired site. Jf Staff is able to verify that the photographs accurately
depict the view from the property owner's viewing area, as defined in these Guidelines,
then the property owner's photographs will be incorporated into the City's files. If said
photographs do not accurately depict the view from the "viewing area", then Staff will
advise the property owner that the documentation has been rejected. Any verified
photographs will be kept on file in the Department of Community Development and shall
be used as a bench mark in future view preservation enforcement actions.
3. Once documentation of a view and/or foliage has been submitted to the
City and verified by City Staff, a property owner may file a Notice of Intent to File a View
Preservation Application requesting one of the following view preservation actions:
a. That foliage which exceeded the lesser of: a) the ridgeline of the
primary structure on the property; orb} sbdeen (16) feet, and significantly impaired the
view from a viewing area of a lot on November 17, 1989 be trimmed to the height that
existed on November 17, 1989, as shown in the submitted and verified documentation;
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
b. That foliage which exceeds the lesser of: a) the ridgeline of the
primary structure on the property; orb) sixteen (16) feet and has grown into a property
owner's view, as documented and verified by City Staff on or after the effective date of
the ordinance (November 17, 1989), and significantly impairs the view from a viewing
area of the lot, be trimmed so as to eliminate the significant view impairment.
4. Upon receipt of a Notice of Intent to File a View Preservation
Application, Staff will visit the applicanrs property to verify if there is a significant
impairment and to eliminate the need to proceed further in the process if there is no
significant view impairment. If Staff determines that no significant view impairment
exists. from the viewing area, then Staff shall advise the applicant that there is no need
to proceed with the Notice of Intent to File request. Notwithstanding Staffs initial field
determination, the applicant still may formally apply for a View Preservation Permit
seeking the Director's Final Determination on the permit request. If the Director's Final
Determination in response to said application is that View Preservation action is not
warranted, no further action by the foliage owner is necessary in response to the filed
application. The Director's Final Determination is appealable to the Planning
Commission.
If a significant view Impairment is found, then Staff shall issue a written
notice to the foliage owner informing him/her that Staff has verified that the documented
view is significantly impaired by foliage on the property, and such notice shall request
that the foliage owner trim or remove the offending foliage to the condition shown in the
provided documented view photograph within 30 days of receiving such notice.
a. If the foJiage owner voluntarily pertorms the necessary work within
30 days of receiving notice, then no further permit processing shall be required.
b. If no work is performed within 30 days of receiving the notice, then
the applicant may file a formal application. Once a formal Vi.ew Preservation Permit
application has been submitted, a Notice of the Directors Determination shall be issued
to the applicant and foliage owner(s) giving the foliage owner ninety (90) days to
perform the necessary work.
c. The Director may require that a long-term foliage maintenance
schedule be incorporated into the conditions of approval of an approved View
Preservation Permit. The purpose of the maintenance schedule is to dictate the
minimum frequency of future trimming (i.e. semi-annual, annual or biennial) based on
the growth rates of the subject foliage so as to not significantly impair a view.
Alternatively, the Director may specify the amount of allowable growth as measured with
respect to a fixed point of reference that will not significantly encroach into the view, and
require that when this point is reached, the foliage owner may be required to trim the
foliage back to the height established by the Director. In establishing the maintenance
schedule, the Director may take into account seasonal dormant periods of the subject
foliage, when trimming is least harmful to the foliage.
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
d. The Director's Determination may be appealed to the Planning
Commission by the applicant, the foliage owner or any interested party by filing a written
appeal and submitting the appropriate fee, as established by City Council resolution, to
the City within fifteen {15) days of the receipt of the Director's Determination Notice.
Prior to the public hearing, Commissioners shall conduct a site visit to the applicant's
property pursuant to Section IV (E}{5). Commissioners will also visit the foliage owner's
property if requested in writing to do so by the foliage owner{ s ). The decision of the
Commission may be appealed to the City Council by the applicant, the foliage owner or
any interested party by filing a written appeal and submitting the appropriate fee, as
established by City Council resolution, to the City within fifteen {15) days of the
Commission's decision.
5. Once the appeal process has been exhausted, the City's View
Preservation Determination Decision shall be final. If the City's final determination is
that view preservation action is warranted on a particular property, the foliage owner
shall be responsible for trimming the foliage, at his/her expense, as so ordered by the
City. If the required work as specified herein is not completed, as verified by Staff,
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. 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 Preservation permit. If the foliage owner does not pay
the invoice, a lien or assessment may be recorded against the foliage owner's property,
pursuant to Title 8, Chapter 24 of the Rancho Palos Verdes Municipal Code.
6. Once the initial work associated with a formal View Preservation
decision is performed, Staff will document the applicant's view with photographs taken
from the applicant's viewing area with a standard camera lens that will not alter the
actual image that is being documented from the viewing area. The photographs wm be
kept on file with the City and copies shall be given to all involved parties to use for future
trimming purposes.
7. The filing of an application by a property owner requesting a view
preservation action without payment of a fee shall be limited to a maximum of once
every twelve (12) months. If a property owner wishes to file an application more
frequently than once every twelve (12) months, the property owner may do so upon
payment of a fee established by City Council Resolution.
8. Upon receipt of a written complaint from a View Preservation Permit
(VPP) applicant or the subsequent owner of an applicant's property, that foliage has
exceeded the height limit imposed by a View Preservation Permit, City Staff shall visit
the site and examine the photographic documentation on file or other evidence to
determine whether the foliage has been maintained in a manner that is consistent with
the approved View Preservation Permit (VPP). If foliage, which is the subject of an
approved VPP, exceeds the height limits prescribed in the approved VPP, the City shall
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View Restoration and Preservation Permit Guidelines and Procedures
July 20, 2010
order that the foliage owner bring the foliage into compliance within 30 days. If the
foliage owner does not comply within the specified time, the City will impose a fine
(established by Council Resolution) and the matter will be forwarded to the City
Attorney's office. Alternatively, if the foliage does not exceed the height limits
prescribed in the approved VPP, the City will impose a fine {established by Council
resolution) against the applicant. If City Staff determines that the foliage is in
compliance with the VPP, no further action will be taken in response to the complaint.
C. Review Criteria for View Preservation Applications in the Absence of a View
Restoration Permit
In order for a View Preservation Application to be approved, the Community
Dewelopment Director must make the following five findings:
1. The applicant has complied with the early neighbor consultation
process and has shown proof of cooperation on his/her part to resolve conflicts.
a. Each applicant must provide evidence of early neighbor
consultation with each foliage owner, utilizing the proc;ess described below.
b. Evidence of adequate early neighbor consultation shall consist of
each applicant filing a "Notice of Intent to File a View Preservation Application" with the
City prior to the submittal of a formt:d View Preservation Application. Said notice shall
be on a form provided by the City and shalJ be .signed by the owner of the applicant's
property. Each applicant shall indicate, by marking the appropriate box on the "Notice of
Intent to File a View Preservation Permit Application" that the applicant has made an
attempt to contact the foliage owner prior to submittal and shall submit written proof of
that attempt in the form of a copy of a registered letter and the return receipt.
( 1 ). Upon receipt of a signed and complete Notice from an
applicant, the Community Development Director shan provide written notification to each
foliage owner listed in the Notice, via certified mail, of the pending application. The
City's notification letter shall also request that each foliage owner trim or remove the
offending foliage to the height and condition shown in the provided documented view
photograph within 30 days of receiving S!JCh notice.
(2). Once an applicant submits a "Notice of Intent to File a View
Preservation Permit Application", and the City provides notification to a foliage owner of
the pending application, the early neighbor consultation process shall be deemed to be
terminated and the applicant(s) may immediately file a formal View Preservation
Application with the City if the foliage owner fails to voluntarily perform the work within
30 days of receiving written notice from the City.
(3). If an appeal hearing is necessary, the applicant may be asked
to explain his/her specific efforts to comply with the ordinance requirement for
attempting to resolve conflict.
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2. Foliage exceeding sixteen (16) feet or the ridge line of the primary
structure, whichever is lower, significantly impairs a view from the applicant's
viewing area, whether such foliage is located totally on one property, or when
combined with foliage located on more than one property.
a. After the location of the ''viewing area" on the applicant's property is
determined, the Director must find whether foliage, which exceeds the lowet of sixteen
feet or the ridge line of the primary structure, significantly impairs a view from the
''viewing area".
b. To determine which of the two measurements referenced in the
paragraph above is the lowest, the sixteen (16) foot height measurement shall be
measured from the base of the plant or tree (where it emerges from the ground).
c. For structures with multiple roofline heights that would block the
view if the foliage were not present, foliage on the property shall be lowered to the
roofline of that portion of the structure that otherwise would block the view. Where a
structure with multiple roofline heights does not otherwise block a view, foliage on the
property shall be trimmed to the applicable height limit set forth in this paragraph 2.
d. Section 17.76.030 of the City's Development Code limits the height
of hedges. A "hedge" is defined by the Code as "shrubbery or trees planted and
maintained in such a manner as to create a physical barrier." A hedge can be included
in a View Preservation Permit application, if the top of the hedge exceeds sixteen feet in
height or the ridge line of the primary structure, Whichever measurement is lower. In
such cases, the Director may require a hedge to be trimmed to the lesser of sixteen (16)
feet or the ridge line of the primary structure, if necessary to restore the view. However,
if the top of the hedge is below sixteen feet or the ridge line of the ptimary structure,
whichever measurement is lower, these cases shall be referred to the City's Code
Enforcement Division for resolution. Foliage which is determined by the Los Angeles
County Fire Department to be a fire hazatd also shall be referred to the City's Code
Enforcement Division for immediate resolution.
e. The Director shall only take action on foliage which significantly
impairs a view from the applicant's viewing area. Foliage which does not significantly
impair a view may remain in the applicant's view frame. The following criteria may be
used to help determine whether a view is being "significantly" impaired by foliage:
(1 ). Foliage Position Within the View Frame. Foliage that is
located in the center of a view frame is more likely to be found to create a significant
view impairment than foliage located on the outer edge of a view frame.
(2). Single-component View vs. Multi-component View. Some view
frames contain a combination of different view comp.onents, such as a view of the
ocean, harbor and City lights (multi-component view); while some view frames consist
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View Restoration and Preservation Permit Guidelines and Procedures
Ju.ty 20, 2010
entirely of one component, such as only a view of the ocean (single-component view).
Foliage that entirely obscures one of the components of a "multi-component" view is
more likely to be found to create a significant view impairment than foliage that impairs
the same degree of view of a "single-component" view (see attached diagram).
(3). Prominent Landmarks. Greater weight should be given to
prominent landmarks or other significant features in the view frame such as the Vincent
Thomas Bridge, harbor, shorelln.e, distant mountain areas, city skylines, and Channel
Islands. As a result, foliage which impairs a view of any of these landmarks is more
likely to be found to create a significant view impairment.
3. ''The foliage to be removed is located on property, any part of
which is less than one thousand (1,000) feet from the applicant's property line."
Staff from the Department of Community Development will determine the
distance from the applicant's property line to the nearest property line of the site
containing the foliage under consideration.
4. The foliage significantly impairing the view did hot exist as view
impairing vegetation in November 19.89 or thereafter.
5. Removal or trimming of the foliage will not cause an unreasonable
infringement of the privacy of the occupants of the property upon which the
foliage is located."
a. The burden of proving an "unreasonable infringement of indoor
and/or outdoor privacy" shall be on the foliage owner. The Director will make a
dete.rmination on a case·by-case basis.
b. Given the variety and number of options which ~re available to
preserve indoor privacy, greater weight generally will be given to protecting outdoor
privacy than to protecting indoor ptivacy.
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