CC RES 2020-061 RESOLUTION NO. 2020-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES UPHOLDING THE
RECOMMENDATION TO REMOVE ONE CITY-OWNED
PINE TREE, WITHIN THE PUBLIC RIGHT-OF-WAY OF
CREST ROAD, ADJACENT TO AND BEHIND 3234
PARKHURST DRIVE, IN ORDER TO RESTORE THE VIEW
THAT IS SIGNIFICANTLY IMPAIRED BY THE PINE TREE
FROM THE VIEWING AREA LOCATED AT 3255
PARKHURST DRIVE (CASE NO. CTRP2020-0022).
WHEREAS, on September 17, 2020, the City's Community Development
Department transmitted a memorandum to the City's Public Works Department
recommending the removal of a City-owned Pine tree within the public right-of-way of
Crest Road, adjacent to and behind 3234 Parkhurst Drive, as the tree is creating a
significant view impairment from 3255 Parkhurst Drive (Case No. CTRP2020-0022); and
WHEREAS, on September 17, 2020, the City Staff notified the adjacent residents
to the subject tree and the applicants of the tree removal recommendation; and
WHEREAS, on September 25, 2020, a timely appeal of the Community
Development Department's recommendation to remove the City Pine tree was filed by
Mrs. Lili Gu, the property owner at 3234 Parkhurst Drive ("Appellant"), requesting that the
City Council deny the tree removal recommendation; and
WHEREAS, the Appellant's appeal raised the following issues with Community
Development Department's recommendation: 1) The Pine tree is a Feng Shui feature of
the property, 2) The Pine tree is mature and well- maintained, 3) The Pine tree offers
shade value and 4) The Pine tree is not a significant view impairment; and
WHEREAS, on October 19, 2020, a 15-day public notice of the public hearing was
published in the Daily Breeze; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, Section 15000 et. seq., and the City's Local
CEQA Guidelines, the proposed project has been found to be categorically exempt under
the Class 4 categorical exemption (Section 15304); and
WHEREAS, on November 4, 2020, the City Council held a duly-noticed public
hearing, at which time all interested parties were given an opportunity to be heard and
present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The above recitals are hereby incorporated into this Resolution as
set forth herein.
Section 2: The City Council upholds the Community Development
Department's recommendation remove one City-owned Pine tree, within the public right-
of-way of Crest Road, adjacent to and behind 3234 Parkhurst Drive, with Conditions of
Approval and in connection therewith makes the following findings based on the all
evidence and testimony provide in the Staff report and at the public hearing.
Section 3: Merits of the Appellant's appeal are not warranted as described
below.
A. Appeal Reason No. 1: The Pine tree location has Feng Shui value.
The Appellant cites that the subject Pine tree on the property adds Feng Shui or
metaphysical value. Removal of the tree, as the Appellant states, will have a
detrimental impact, presumably an expected negative financial impact, to her
family. The City's municipal code does not take into account Feng Shui nor any
religious, spiritual, and symbolic belief system into account when trimming or
removing City-owned trees. Pursuant to Section 12.08.110 of the Rancho Palos
Verdes Municipal Code (RPVMC), the sole criteria considered when
recommending removal of the tree is whether the tree significantly impairs the view
and whether trimming the tree is feasible. City Council's position is that the City
tree significantly impairs the view and trimming the tree to a height level that
eliminates the significant view impairment would kill the tree. Therefore, removal
of the subject tree is the only option to eliminate the significant view impairment
the tree is causing from the viewing area located at 3255 Parkhurst Drive
B. Appeal Reason No. 2: The Pine tree is valued for its maturity and is well-
maintained.
While it common for established communities to have tree management policies
in place that protect "mature" trees, the City of Rancho Palos Verdes has no such
provision. The RPVMC does not exempt view-impairing City trees from trimming
or removal due to their maturity or age. The Appellant also asserts that because
she has taken care of the tree over the years, unbeknownst to her that it was a
City-owned tree, the tree should remain on the property and she would continue
to maintain the tree. The City Council finds that the trimming the tree in the fashion
that has been trimmed in the past would not eliminate the significant view
impairment the tree is causing. Reducing the height of the tree 3 feet, as proposed
by the Appellant, would not improve the view. However, reducing the tree height
by 75% would vastly improve the view, but such severe trimming would kill the
tree.
C. Appeal Reason No. 3: The Pine tree offers shade value
The Appellant asserts that the Pine tree offers shade protection to the rear yard
where her and other children recreate and where she holds social gatherings. The
Resolution No 2020-61
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Appellant has supplied photos of the rear yard to support her point that the Pine
tree provides sun protection to these outdoor activities (Attachment A). Although
the Pine tree provides shade to the Appellant's rear yard, consideration to remove
the Pine tree is solely based upon the opinion of the City's arborist that the tree's
health will not withstand the severe crown reduction needed to eliminate the
significant view impairment the tree is causing.
D. Appeal Reason No. 4: The Pine tree does not significantly impair the view from
3255 Parkhurst Drive
The Appellant disagrees with the determination that the City Pine tree causes a
significant view impairment. Citing Staffs photo of the view and view impairment
(Attachment C), the Appellant argues that the City Pine tree is impairing a small
percentage of the ocean view. The City Council's determination that the Pine tree
causes a significant view impairmentis based on the criteria found in the City's
Guidelines and Procedures for Restoration of Views. Specifically Section V,
subsection (B)(6)(a) of said Guidelines, states" Foliage that is located in the center
of a view frameis more likely to be found to create significant view impairment than
foliage located on the outer edge of a view frame". Although the subject tree does
not entirely obscure the ocean view, it is evident that the tree, due to its sizable
width and dense interior branch network, egregiously impairs the view. Moreover,
because the City Pine tree is within the center of the view, the City Council
concludes that the City tree does cause a significant view impairment from the
viewing area at 3255 Parkhurst Drive.
Section 4: The Community Development Department's removal recommendation of
the subject City Pine tree is warranted, based on the following findings:
A. The subject Pine tree due to its sizable width and dense interior branch network,
egregiously impairs the view from the viewing area at 3255 Parkhurst Drive.
Moreover, because the City Pine tree is within the center of the view, the tree
significantly impairs the ocean view, pursuant to the criterion found in Section V,
subsection (B)(6)(a) of the City's Guidelines and Procedures for Restoration of
Views.
B. The City Arborist opined that trimming the tree down 75% of its height, which is a
height that would eliminate the significant view impairment, would cause certain
death to the tree. Pursuant to Section 12.08.110 of the RPVMC, in cases where
tree removal is the only option to eliminate the significant view impairment, the tree
should be removed.
Section 5: Pursuant to the provisions of the California Environmental Quality
Act, Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA
Guidelines, California Code of Regulations, Title 14, Section 15000 et. seq., and the City's
Local CEQA Guidelines, the proposed project has been found to be categorically exempt
Resolution No 2020-61
Page 3 of 4
under Class 4 (Section 15304).
Section 6: For the foregoing reasons and based on the information and findings
included in the Staff Report, Minutes and other record of proceedings, the City Council of
the City of Rancho Palos Verdes hereby upholds the Community Development
Department's recommendation to remove one City-owned Pine tree, within the public
right-of-way of Crest Road, adjacent to and behind 3234 Parkhurst Drive, with Conditions
of Approval and as identified in the attached Exhibit "A".
Section 7: The City Clerk shall certify to the passage, approval, and adoption
of this Resolution, and shall cause this Resolution and her certification to be entered in
the Book of Resolutions of the City Council.
Section 8: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and/or Section 21167 of the California Public Resources Code
PASSED, APPROVED and ADOPTED this 4th day of November 2020.
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Jo ruikshank, Mayor
ATTEST:
CL411fiteuak - ,0„,Q
Emily Colborn, City Jerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, do hereby certify that
the above Resolution No. 2020-61, was duly and regularly passed and adopted by the
said City Council at a regular meeting thereof held on November 4, 2020.
COkAeir D-Clit-Ctir
City/Clerk
Resolution No 2020-61
Page 4 of 4
RESOLUTION NO. 2020-61
EXHIBIT 'A'
CONDITIONS OF APPROVAL FOR
CASE NO. CTRP2020-0022
(CITY TREE REVIEW)
Project Specific Conditions
1. This approval allows for the following:
A. At the City's expense, the removal of one City Pine tree within the public
right-of-way of Crest Road, adjacent to and behind 3234 Parkhurst Drive;
B. If technically feasible, the stump grinding of the removed tree at the City's
expense. If stump grinding cannot be performed, the tree stump shall be
flush cut to the ground;
C. At the City's expense, and if requested by the Appellant, the installation of
two 24 inch box size trees to be planted within the Crest Road right-of-way,
adjacent to 3234 Parkhurst Drive. The species of the replacement tree shall
be selected from a palette of trees based on the species' ability to provide
reasonable shade without causing a significant view impairment from
neighboring properties. The selection of the replacement tree species shall
made by the Public Works Department, in consultation with the property
owner and Appellant, Mrs. Gu, at 3234 Parkhurst Drive.
Resolution No. 2020-61
Exhibit A
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Staff photo taken from 3255 Parkhurst Drive
Subject Pine tree
Resolution No. 2020-61
Attachment C
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