RPVCCA_CC_SR_2011_07_19_D_CUP_178CITYOF RANCHO PALOS VERDES
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
JOEL ROJAS,COMMUNITY
HONORABLE MAYOR &CI COUNCIL MEMBERSTO:
FROM:
DATE:JULY 19,2011
SUBJECT:AN APPEAL OF THE PLANNING COMMISSION'S
CONCURRENCE WITH THE DIRECTOR'S INTERPRETATION
REVIEW OF THE CONDITIONS OF APPROVAL OF CITY TREE
REVIEW PERMIT NO.178
CAROLYN LEHR,CITY MANAGER G.9--.REVIEWED:
Staff Coordinator:Amy Trester,Associate Planner f(f
RECOMMENDATION
Adopt City Council Resolution No.2011-_,thereby dismissing the appeal of the Planning
Commission's concurrence with the Director's Interpretation Review that additional trimming of
the trees related to City Tree Review Permit No.178 was necessary,since the trees subject to
the appeal will be removed as a result of the July 5,2011 City Council decision on City Tree
Review Permit 2008-00031.
DISCUSSION
At the last City Council meeting on July 5,2011,the City Council heard an appeal of the
Planning Commission's decision to remove 1 City tree and trim 9 City trees located along Via
Cambron,Via Collado and Berry Hill Drive that were found to significantly impair the view from
four applicants'properties located at 7284,7306,7315 and 7333 Berry Hill Drive (City Tree
Review Permit 2008-00031).After hearing public testimony and considering the merits of the
appeal,the City Council approved the appeal,thereby overturning the Planning Commission's
approval of P.C.Resolution 2011-18,thus requiring that Tree Nos.1-10 (as numbered per
CTRP2008-00031)be removed and replaced with 24-inch box size trees.As a result of this
action,the additional tree trimming that was being recommended to 7 of the 10 trees for the
benefit of the applicant of City Tree Review Permit No.178 became a moot point.Therefore,
the City Council voted (5-0)at the same July 5th meeting to adopt Staff's recommendation to
dismiss the appeal of the Planning Commission's Concurrence with the Director's Interpretation
Review of the Conditions of Approval of CTRP No.178.
30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391
PLANNING &CODE ENFORCEMENT DIVISION (310)544-5228/BUILDING &SAFETY DIVISION (310)265-7800/DEPT.FAX (310)544-5293
E-MAIL PLANNING@RPVCOM/WWWPALOSVERDES.cOM/RPV
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Resolution Dismissing Appeal of P.C.Resolution 2011-17
July 19,2011
Per the City Council's direction,Staff has brought back a resolution for adoption this evening,
affirming the recommendation to dismiss the appeal of the Planning Commission's Concurrence
with the Director's Interpretation Review of the Conditions of Approval of City Tree Review
Permit No.178.
ATTACHMENTS
Exhibit A -Draft City Council Resolution No.2011-_
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CITY COUNCIL RESOLUTION NO.2011-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DISMISSING THE APPEAL OF THE PLANNING
COMMISSION'S CONCURRANCE WITH THE DIRECTOR'S
INTERPRETATION REVIEW OF THE CONDITIONS OF APPROVAL OF
CTRP NO.178
WHEREAS,in July 2003,City Tree Review Permit (CTRP)No.178 was approved by the
Director to address the significant impairment to the view at 7318 Berry Hill Drive caused by ten
trees located in the City-owned public right-of-way;and,
WHEREAS,these trees consisted of seven (7)Canary Island Pine trees located
adjacent to 30317,30405,and 30327 Via Cambron and 7313 Via Collado,and three (3)Elm
trees located adjacent to 7310 Via Collado;and,
WHEREAS,the Staff Report for this permit recommended that the crowns of the three
Elm trees be trimmed down approximately six feet and shaped,and that the crowns of the Pine
trees be raised by trimming the lower branches up to the trimming level illustrated in the photo
attachment for CTRP No.178;and,
WHEREAS,at the time this CTRP was processed,Development Code Section
17.76.100 required the City to pay for the costs of trimming trees that are part of the City-
identified Uniform Street Program.These trees were identified to be part of the City-identified
Uniform Street program,and as indicated by the City's records and the applicant,the initial
trimming per CTRP No.178 was completed;and,
WHEREAS,in January 2011,the Planning Commission upheld the appeal of
CTRP2008-00031.This decision required that the seven (7)Canary Island Pine trees adjacent
to 30317, 30405,and 30327 Via Cambron and 7313 Via Collado,as well as three (3)Canary
Island Pine trees on Berry Hill Drive,adjacent to 30303 Via Cambron be trimmed per Planning
Commission Resolution 2011-01.This decision also required that Staff schedule a duly noticed
public hearing before the Planning Commission for the sole purpose of determining if this
required tree trimming eliminates the significant view impairment for the four applicants located
at 7284,7306,7315 and 7333 Berry Hill Drive;and,
WHEREAS,after the initial trimming of the trees related to CTRP2008-00031 was
completed,Staff assessed the view impairment from the property of Mr.&Mrs.Liberman (7318
Berry Hill Drive),the sole applicant related to CTRP No.178.The amount of trimming that had
occurred significantly changed the trees that are also subject to CTRP No.178.As a result,the
Director determined that circumstances warranted an Interpretation Review of the conditions of
approval related to CTRP No.178;and,
WHEREAS,the Director's Notice of Decision was mailed out on March,4,2011 and the
accompanying Staff Report was mailed out on March 10,2011;and,
WHEREAS,on March 21,2011,Mrs.Nancy Parsons,Ms.Marjorie C.Carter,Mr.
Michael O'Sullivan,Mrs.Cindy Hoskins,Mr.Rob Hoskins and Mr.Stu Thomson submitted an
appeal to overturn the Director's decision;and,
WHEREAS,after was notice issued on March 24,2011 pursuant to the requirements of
the Rancho Palos Verdes Development Code,the Planning Commission held a duly noticed
1373762-1 Resolution 2011-_
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public hearing on April 12,2011,at which time all interested parties were given an opportunity to
be heard and present evidence;and,following the public hearing,the Planning Commission
issued a decision,which is memorialized in P.C.Resolution No.2011-17;and
WHEREAS,an appeal of P.C.Resolution 2011-17 was submitted on April 27,2011 by
Mr.Larry Marinovich,property owner at 7315 Berry Hill Drive,Mr.Joseph Yousefpour,property
owner at 7306 Berry Hill Drive,and Mr.James Morrison,7284 Berry Hill Drive;and,<
WHEREAS,notice of the public hearing was issued on June 16,2011,pursuant to the
requirements of the Rancho Palos Verdes Development Code;and,
WHEREAS,at the July 5,2011 City Council meeting,City Council voted (3-2)to
overturn the Planning Commission's approval of P.C.Resolution 2011-18 (Item No.2),thereby
finding that Tree Nos.1-10 (numbered per CTRP2008-00031)shall be removed and replaced
with 24-inch box size trees;and,
WHEREAS,given this decision,the City Council then voted (5-0)to adopt Staff's
recommendation to dismiss the appeal of the Planning Commission's Concurrence with the
Director's Interpretation Review of the Conditions of Approval of CTRP No.178,because the
City Council had voted to remove all of the City trees that were the subject of this hearing as
part of Item NO.2 on the same evening's City Council agenda when the City adopted City
Council Resolution No.2011-50;and,
WHEREAS,the City Council directed Staff to bring back a Resolution memorializing its
decision for adoption at the next City Council meeting;and
WHEREAS,a resolution was presented to the City Council for approval at the City
Council meeting of July 19,2011:
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND,DETERMINE AND RESOLVE AS FOLLOWS:
Section 1:As defined by Section 17.02.040 of the City's Development Code,the
Applicant at 7318 Berry Hill Drive has a view of the ocean and Catalina Island.
Section 2:The Applicant's viewing area at 7318 Berry Hill Drive,as defined by Section
17.02.040 of the City's Development Code,and CTRP No.178 is from living room and rear yard
patio.
Section 3:The Applicant at 7318 Berry Hill Drive,has a view that is significantly
impaired by seven (7)Canary Island Pine trees located adjacent to 30317,30405,and 30327
Via Cambron and 7313 Via Collado,and three (3)Elm trees located adjacent to 7310 Via
Collado.
Section 4:As a result of the City Council's vote on July 5,2011,to overturn the
Planning Commission's approval of P.C.Resolution 2011-18,thereby finding that Tree Nos.1-
10 (Canary Island Pine Trees numbered per CTRP2008-00031)shall be removed and replaced
with 24-inch box size trees,the appeal of the Planning Commission's concurrence with the
Director's Interpretation Review of the Conditions of Approval of CTRP No.178 now is a moot
issue,because those trees will be removed.
1373762-1 Resolution 2011-_
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Section 5:Pursuant to Section 15304 of the California Environmental Quality Act,the
proposed project is categorically exempt under Class 4 of that section because the work
required to restore the Applicants'view does not include the removal of scenic and mature
Trees as identified by the City of Rancho Palos Verdes General Plan (Visual Aspects;Figure
41).This finding,demonstrates that the decision complies with the provisions of CEQA because
the decision does not cause any significant adverse environmental impacts.Since the subject
Trees are not considered to be scenic or mature Trees as identified in the City's General Plan,
the environmental impacts due to removal are insignificant.
Section 6:For the foregoing reasons and based on the information and findings
included in the staff report,the City Council hereby dismisses as moot the appeal of the
Planning Commission's concurrence with the Director's Interpretation Review of the Conditions
of Approval of CTRP No.178.
Section 7:The time within which judicial review of the decision reflected in this
Resolution,if available,must be sought as governed by Section 1094.6 of the California Code of
Civil Procedure and other applicable short periods of limitation.
PASSED,APPROVED,AND ADOPTED this 19lhday of July 2011.
Tom Long,Mayor
ATTEST:
Carla Morreale,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do hereby certify that
the whole numbers of the City Council of said City is five;that the foregoing Resolution No._
was duly and regularly adopted by the City Council of said City at a regular meeting thereof held
on July 19,2011 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
1373762-1 Resolution 2011-_
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