Loading...
PC RES 2024-018 P.C. RESOLUTION NO. 2024-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, CONDITIONALLY APPROVING A VIEW RESTORATION PERMIT (CASE NO. PLVR 2022-0010) REQUIRING THE FOLIAGE OWNER AT 2138 FAIRHILL DR. TO CROWN REDUCE ONE FICUS TREE 10 FEET FROM THE TOP OF THE TREE CROWN OR NO MORE THAN 40 FEET IN HEIGHT, WHICH IS THE SAME HEIGHT LEVEL ILLUSTRATED IN ATTACHMENT NO. 3A, WITH THE OPTION TO REMOVE AND REPLACE IT, AS DESCRIBED IN CONDITION OF APPROVAL NO. 3, IN ORDER TO RESTORE THE APPLICANTS' VIEWS FROM 29642 N. ENROSE AVE., 29648 N. ENROSE AVE., AND 29636 N. ENROSE AVE. WHEREAS, on November 22, 2023, Frank and Carolina Albert at 29642 N. Enrose Avenue, Matthew and Jennifer Misetich at 29648 N. Enrose Avenue, and Manuel Cortes at 29636 N. Enrose Avenue ("Applicants"), filed an application requesting a View Restoration Permit ("Permit") to restore views significantly impaired by a tree owned by Alicia Macgowan at 2138 Fairhill Drive ("Foliage Owner"); and WHEREAS, on December 20, 2023, the City Arborist visited the Applicants' properties, and 2138 Fairhill Drive because of the owner's consent, and provided an Arborist Report dated January 2, 2024; and WHEREAS, notice of the Planning Commission hearing was published in the Palos Verdes Peninsula News on January 11, 2024, and the public notice was mailed to the Applicants and to the Foliage Owner on January 11, 2024; and WHEREAS, on February 13, 2024, the Planning Commission held a duly noticed public hearing to consider the request to restore the views, at which time, all interested parties were given an opportunity to be heard and present evidence, and after deliberating on the application the Planning Commission continued the hearing on the application to May 14, 2024, to give time for the City Arborist to re-visit the subject properties and to allow the parties the opportunity for additional mediation; and WHEREAS, on February 29, 2024, City Staff and the City Arborist visited the Applicants' properties at 29642 and 29636 N. Enrose Avenue and the Foliage Owner's property at 2138 Fairhill Drive. The resulting City Arborist Report, dated March 14, 2024, opined that view restorative crown reduction of the Ficus Tree is survivable within two years; and P C Resolution No 2024-18 Page 1 of 11 WHEREAS, on April 1, 2024, a mediation session was held and attended to by City Staff, the City Mediator, Mr. and Mrs. Albert, representing the Applicants, and the Foliage Owner. The Foliage Owner made a tree height proposal to the Applicants that was subsequently considered by the Applicants. The Applicants later offered a counter proposal to the Foliage Owner that the Foliage Owner rejected. The parties could not find agreement concerning the tree trimming height level; and WHEREAS, on May 14, 2024, the Planning Commission held a duly noticed public hearing to consider the request and the tree trimming remedies to restore the views, at which time, all interested parties were given an opportunity to be heard and present evidence. After deliberating on the matter, which included a discussion concerning unknown tree height measurements for the Ficus tree located at 2138 Fairhill Drive, the Planning Commission adopted P.C. Resolution No. 2024-14, bifurcating the Applicants' View Restoration Permit request by approving tree removal and replacement at 29623 S. Trotwood Drive and at 2133 W. General Street and approving a tree trimming requirement at 29624 S. Trotwood Drive, but continuing the matter pertaining to the Ficus tree in order for Staff to obtain certain Ficus tree height measurements. Specifically, the Planning Commission requested that the matter be continued to the June 11, 2024 Planning Commission meeting to allow Staff time to obtain Ficus tree height measurements, which included a measurement height for crown reduction to the harbor view restorative yellow line referenced in the February 13th staff report; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The recitals above are true and correct, and incorporated herein by reference. Section 2: Property Ownership (a) Applicants, Frank & Carolina Albert, own and reside at 29642 N. Enrose Ave. (b) Applicants, Matthew & Jennifer Misetich, own and reside at 29648 N. Enrose Ave. (c) Applicant, Manuel Cortes, owns and resides at 29636 N. Enrose Ave. (e) Foliage owner, Alicia Macgowan, owns and resides at 2138 Fairhill Dr. Section 3: Tree The view impairing Ficus tree is located at 2138 Fairhill Drive. P C Resolution No 2024-18 Page 2 of 11 Section 4: Views Section 17.02.040(A)(14) of the Rancho Palos Verdes Municipal Code ("RPVMC") defines a "far" view 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 offshore islands. Section V-B.6 of the City's Guidelines and Procedures for Views Where Foliage is Involved otherwise known as the View Restoration and Preservation Permit Guidelines and Procedures ("View Restoration Guidelines" or "Guidelines") further defines protected views that include prominent view landmarks that includes the Vincent Thomas Bridge, harbor and city skylines. As defined by the RPVMC and the Guidelines, the Applicants' views are of the harbor (Los Angeles and Long Beach Ports), city lights at night, the Vincent Thomas Bridge, Ford Bridge, Heim Bridge, the Long Beach City International Gateway Bridge, the Long Beach city skyline, Los Angeles basin, and the ocean (San Pedro Bay). From the Applicants' viewing areas, the harbor is central to the view with the ocean framed by residential structures to the south and a sweeping Los Angeles basin vista that is relatively unhindered by structures and topography towards the north. Section 4: Viewing Areas Section 17.02.040(A)(15) of the RPVMC defines viewing areas as 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. Section 17.02.040(B)(5) of the RPVMC states that the City determines a viewing area based on 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. (a) Viewing area from 29642 N. Enrose Avenue and 29648 N. Enrose Avenue: The Planning Commission determines that the living rooms are the best and most important viewing areas on the properties because the living rooms are the primary living area of the residence, they are a natural gathering area, and from these locations the vista of the ocean, Los Angeles basin, and harbor, including views of the Vincent Thomas Bridge and the Long Beach city skylines, could be observed; and (b) Viewing area from 29636 N. Enrose Avenue: The Planning Commission determines that the dining room is the best and most important viewing area on the property because the dining room is part of the primary living area of the residence, it is a natural gathering area, and from this location the vista of the ocean, Los Angeles basin, and harbor, including views of the Vincent Thomas Bridge and the Long Beach city skylines, could be observed. P C Resolution No 2024-18 Page 3 of 11 Section 5:View Restoration Mandatory Findings The Planning Commission makes the following findings, in accordance with Section 17.02.040(C)(2)(c) of the Rancho Palos Verdes Municipal Code: (1) The Applicant has complied with the early neighbor consultation process and has shown proof of cooperation on his/her part to resolve conflicts. The case record shows that the Applicants complied with the early neighbor consultation requirements and have shown proof of cooperation based on the following facts: a) On July 29, 2022, the Applicants, Frank Albert, Jennifer Misetich, Manuel Cortes, mailed a certified letter to the Foliage Owner, Wells, requesting tree trimming to restore their view. Ultimately, the Applicants and the Foliage Owner could not resolve the matter privately. b) On November 8, 2022, in accordance with the City's View Restoration procedures, the Applicant Frank Albert at 29642 N. Enrose Avenue submitted a Notice of Intent to File a View Restoration Permit (Case No. PLVR2022- 0010) requesting that the City mediate the issue with the Foliage Owner Alicia Macgowen. c) On November 18, 2022, in response to the request, the Staff mailed a pre- application mediation meeting invitation to the Foliage Owner, Macgowen, and they subsequently accepted Staffs invitation. d) On January 10, 2023, Staff and the City's View Restoration Mediator met with the Applicant, Albert, and the Foliage Owner Macgowan at 2138 Fairhill Drive at their respective properties to discuss the matter. The Foliage Owner opted not to voluntarily trim foliage to the height level requested by the Applicants but pledged to voluntarily trim the tree to a height level considered acceptable by her tree service contractor. e) On February 7, 2023, the Applicant, Frank Albert, revised his pre-application to include additional applicants, including his neighbors Jennifer Misetich at 29648 N. Enrose Avenue and Manuel Cortes at 29636 N. Enrose Avenue. Again, Staff notified the foliage owner, Macgowan, of the modified pre- application and invited her to mediation. The original foliage owner, Macgowan, declined mediation with the original Applicant, Albert, and the additional applicants, Misetich and Cortes. f) In or around July 2023, Foliage Owner Macgowen trimmed the Ficus tree. However, the tree, although trimmed, continued to impair the views. g) After it became clear that the Foliage Owner Macgowen did not wish to conduct additional trimming, the Applicants elected to submit a formal View Restoration Permit application. h) On November 22, 2023, the Applicants filed a formal View Restoration Permit application. P C Resolution No 2024-18 Page 4 of 11 Therefore, the finding can be made that the Applicants have complied with the early neighbor consultation process and has shown proof of cooperation on his/ her part to resolve conflicts. (2) Foliage exceeding sixteen (16) feet or the ridgeline 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. It is determined that the one Ficus tree at 2138 Fairhill Drive is approximately fifty (50) feet in height and, based on the tree's central location within the view frame from the viewing area at 29636, 29642 and 29648 N. Enrose Ave., and because the tree impairs prominent features [i.e. harbor, bridge (Henry Ford, Long Beach City International Gateway), city skyline (Long Beach)], has been found to significantly impair the view from the living room viewing areas at 29642 Enrose Avenue and 29648 Enrose Avenue and from the dining room viewing area at 29636 Enrose Avenue. This determination has been made in accordance with Section V-B.6 of the View Restoration Guidelines. Therefore, the finding can be made that foliage exceeding the ridgeline of the primary structure significantly impairs a view from the Applicants' viewing area, whether such foliage is located totally on one property, or when combined with foliage located on more than one property. (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. The foliage that is to be voluntarily removed or ordered to be crown reduced is located less than 1,000 feet from the Applicants' properties. The subject foliage, which is one Ficus tree located at 2138 Fairhill Drive, is located no further than 350 feet from the Applicants' properties at 29642 N. Enrose Avenue, 29648 N. Enrose Avenue, and 29636 N. Enrose Avenue. Therefore, the finding can be made as the subject foliage is located on a property(s) that is less than 1,000 feet from the Applicants' properties. (4) The foliage significantly impairing the view did not exist, as view impairing vegetation, when the lot from which the view is taken was created. The Applicants' lots (Lot Nos. 268, 269, 270) and the Foliage Owner's lot (Lot No. 254) are located within a residential housing tract (Tract No. 16726), which became legal lots when recorded in February 1952. Prior to 1952 the land conditions that would become Tract No. 16726 is characterized by grass covered slopes with small watercourses descending into San Pedro (Attachment No. 5a). P C Resolution No 2024-18 Page 5 of 11 No mature trees were evident prior to 1952. After the Foliage Owner's lot became a legal lot in 1952, the engineer for the tract subdivision, Donald R. Warren Co., produced a soil compaction report associated with grading activities that occurred after tract recordation. The engineer's report on compaction dated October 27, 1954 states that prior to the placement of fill, the natural grounds within the tract, which includes the Applicants' and the Foliage Owner's properties, were "stripped of vegetation, watered, and compacted". As a result, all vegetation, which likely consisted of short grasses and shrubbery within watercourses, within the tract and associated lots had been removed (Attachment No. 5d). Indeed, after rough grading operations were completed, an aerial photograph was taken of the site showing that no trees or vegetation existed on the Foliage Owner's lot in 1953, corroborating the engineer's report that all vegetation had been removed (Attachment No. 5d). Based on the engineer's report that described the removal of vegetation at or around the time of tract recordation, including the aerial photos taken before and after recordation in 1952, the subject foliage could not have existed as view impairing foliage when the Applicants' lots were created in 1952. Therefore, the finding can be made. (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. With respect to the Ficus tree at 2138 Fairhill Drive, trimming the tree to a view restorative height level will leave the lower canopy foliage intact. More importantly, the Ficus tree is well above the roofline and therefore the view impairing portion of the canopy does not provide privacy screening to the interior and outside spaces of the residence. Furthermore, the Foliage Owner's rear and side yards are exposed to observation from upslope, neighboring properties, thus trimming the upper-to-mid canopy of the tree for view restoration purposes will have little to no effect on privacy. Therefore, 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. (6) For property located within the boundaries of the Miraleste Recreation & Park district, the Committee shall also find that removal or trimming of the 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 & Park District area with large numbers of trees. P C Resolution No 2024-18 Page 6 of 11 The subject properties are not located within the Miraleste Recreation and Park District. Therefore, the finding is inapplicable. Section 6: Removal and Replacement of Foliage Findings The Planning Commission makes the following tree removal and foliage replacement findings, in accordance with Section VI-E of the City View Restoration Guidelines: (1) The Planning Commission finds, pursuant to Section VI-C, that removal of the Ficus Tree at 2138 Fairhill Drive is warranted because the City's Arborist has determined that the view restorative crown reduction to these trees will destroy the aesthetic value. (2) The Planning Commission further finds pursuant to Section VI-E.1(f) that removal of the Ficus Tree described under Section 6.1 at 2138 Fairhill Drive, without replacement, will cause significant adverse impact to the integrity of the landscaping of the property on which the foliage is located. This mature tree is a prominent tree within the property's landscape and the loss of the tree will result in the loss of the landscape focal point. Therefore, the Planning Commission makes the finding that the tree removed must be replaced with one 24-inch box size tree needed to mitigate the loss of the integrity of the landscaping and landscaping focal point; and Section 7: The Planning Commission determines this project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines, section 15304 "Minor Alterations to Land" as this involves relatively minor modifications to existing landscaping and potentially the removal and replacement of a tree. The project to restore the Applicants' view also does not include the removal of scenic and mature trees as those mature tree groupings defined and identified by the City of Rancho Palos Verdes General Plan (Visual Aspects). In addition, none of the exceptions to the use of a categorical exemption set forth in CEQA Guidelines, section 15300.2 applies to this project including that the project does not present any unusual circumstances. Section 8: Any interested person aggrieved of this decision or by any portion of this decision may appeal to the City Council. Pursuant to Section 17.02.040 (2)(g) of the RPVMC, any such appeal must be filed with the City, in writing and with the appropriate $3,100 appeal fee, no later than fifteen (15) days following the date of the Planning Commission's final action. Section 9: Based on all documentary and oral evidence presented, including the Staff and arborist reports and its attachments, comments from the public, and testimony provided at the public hearings, and making the findings that removal without replacement trees or shrubs will cause significant adverse impacts on the P C Resolution No 2024-18 Page 7 of 11 integrity of the landscaping, the Planning Commission hereby approves a View Restoration Permit (Case No. PLVR 2022-0010), requiring the Foliage Owner at 2138 Fairhill Drive to crown reduce one Ficus Tree 10 feet from the top of the tree crown or no more than 40 feet in height, which is the same height level illustrated in Attachment No. 3a., with the option to remove and replace it, as described in Condition of Approval No. 3, in order to restore the Applicants' views from 29642 N. Enrose Avenue, 29648 N. Enrose Avenue, and 29636 N. Enrose Avenue, as provided in, and subject to, the conditions outlined in the attached Exhibit "A". PASSED, APPROVED, AND ADOPTED this 11th day of June 2024 by the following vote: AYES: COMMISSIONERS BRACH, NELSON, NULMAN, PERESTAM SAADATNEJADI, VICE-CHAIR SANTAROSA & CHAIR CHURA NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE Cva tht �on Santarosa, Vice-Chair Bra :�' o .es, Al P Directo of Community Development Secretary of the Planning Commission P-C Resolution No 2024-18 Page 8 of 11 EXHIBIT "A" CONDITIONS OF APPROVAL VIEW RESTORATION PERMIT CASE NO. PLVR2022-0010 1. The Applicants shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Resolution. Failure to provide the written statement within ninety (90) days following the date of this approval shall render this approval null and void. 2. The Applicants shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 3. This approval shall require the Foliage Owner at 2138 Fairhill Drive to perform only ONE of the following: a. Crown reduce 1 Ficus Tree 10 feet from the top of the tree crown or no more than 40 feet in height, which is the same height level illustrated in Attachment No. 3a. The Applicants are responsible for the initial trimming costs. OR b. Voluntarily remove 1 Ficus Tree. If technically feasible, as determined by a professional tree contractor, tree removal includes stump grinding to existing grade or below grade. If stump grinding cannot be performed, the tree trunk shall be cut flush to or close to the grade adjacent to the tree trunk. In no case shall the tree's root system be removed. Stump grinding and/or flush cutting shall be performed at the Applicants' expense. The Applicants shall bear the expense of replacing the removed tree with the installation one 24-inch box sized tree. The costs of performing tree removal and the installation of the new tree shall be borne by the Applicants. P C Resolution No 2024-18 Page 9 of 11 4. Upon completion of either crown reduction or removal described in Condition of Approval No. 3, but no more than one week after completion, if additional foliage on the subject property is found by Staff to be impairing the view protected by this permit, then the additional foliage shall be crown reduced to a height that eliminates the significant view impairment, and the Applicants shall be responsible for the cost of the additional trimming. 5. Within 45 days following this decision, the Applicants shall present to the City, at least one itemized estimate to carry out the tree trimming work and the optional removal and replacement work. Such estimate shall be supplied by a licensed, bonded, and insured tree service contractor or landscape contractor, acceptable to the City, and shall include all costs of cleanup and removal of debris, and the cost to have an International Society of Arboriculture (ISA) certified tree trimmer or accredited arborist on site to perform or supervise the work being done. 6. If the tree work estimate is found to be acceptable, as determined by City staff, then the Applicants shall pay to the City, within 180 calendar days of this permit approval, an amount equal to the City-accepted estimate and such funds shall be maintained in a City trust account until completion of work as verified by Staff. The time period to fund the trimming, removal and replacement work can be extended by the Director an additional 180 calendar days. With exception to any tree that dies within a 2-year period whereby tree removal and replacement costs are to be provided by the Applicants, pursuant to Rancho Palos Verdes Municipal Code Section 17.86.070, failure to provide funding to a city trust deposit account to cover the tree trimming or removal and replacement work within 180 calendar days following the date of this approval shall render this approval null and void. 7. The Foliage Owner shall select a City-approved tree service contractor from the estimate(s) provided by the Applicants and then schedule a tree trimming or removal date. If a Foliage Owner chooses to use a different tree service contractor, then the Foliage Owner may do so, but the Foliage Owner shall only be reimbursed for the amount of the lowest bid submitted by the Applicants. 8. The Foliage Owner shall, within a 90-day period of October 1, 2024, after the bird nesting season, or on or by December 30, 2024, complete either the removal or the crown reduction work to the extent required by this Permit. Due to the raptor breeding season beginning January 1st, said 90-day deadline may not be extended by the Community Development Director should the City-approved tree service or landscape contractor contact the City indicating that they cannot accommodate the removal or tree trimming work within the 90-day deadline. However, if the Foliage Owner does not complete the required work within the 90-day time period stipulated by staff and because a Director-approved extension period will not be granted, because one is not necessary with proper scheduling, then the City may seek a court order that authorizes a licensed, P C Resolution No 2024-18 Page 10 of 11 bonded and insured tree service contractor or landscape contractor to perform the work at the subject property and at the Foliage Owner's expense. In the event that the City is required to perform the work at the Foliage Owner's expense, the City shall reimburse the Applicants their trust deposit for tree trimming and/or tree removal with replacement work from the City trust account. 9. Upon completion of the work, the Foliage Owner shall notify the City and if the Foliage Owner hired a contractor approved by the city, the Foliage Owner is to submit a copy of the paid contractor invoice showing that the work was performed. Upon submittal of the invoice and verification by Staff of compliance, the City shall transmit the funds from the City trust account to the Foliage Owner no later than 30 days. 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 shall be refunded back to the Applicants (within 30 days of receipt of the appropriate billing) if that account contains a surplus balance. If the paid invoice submitted by the Foliage Owner is for an amount that exceed the funds in the City's trust account, the Foliage Owner shall only receive the funds from the City trust account and the Foliage Owner shall be responsible for paying the difference. 10.Failure to comply with and adhere to the tree trimming conditions of approval, namely Condition No. 3, may cause the City to issue administrative citations as described in Section 1.16 of the City's Municipal Code. 11.Foliage maintenance shall be subject to the trimming maintenance provisions of the City's Guidelines, Section VIII-A, where subsequent to the completed crown reduction and/or voluntary removal of the trees as described in the Condition of Approval No. 3, the restored view from the Applicants' viewing area will be documented by Staff. The photographic documentation will be used as a benchmark by City staff for making a staff determination of view preservation enforcement. Pursuant to Section VIII-A of the Guidelines, the Foliage Owner shall annually maintain the tree subject to the View Restoration Permit decision, at her own expense. Should the Foliage Owner remove the tree subject to the View Restoration Permit approval but allow other trees or foliage to grow to impair the view, the new growth shall be trimmed at the Foliage Owner's expense to preserve the view on an annual basis. P C Resolution No 2024-18 Page 11 of 11 Attachment No. 3a. Trim Instruction. Photograph from 29642 N. Enrose Ave (Albert). Ten feet (blue line) reveals Long Beach City skyline, Long Beach International Gateway bridge, portions of the Los Angeles and Long Beach harbors. LB International Gateway Bridge 11 LBC Skyline v9 - . '. .-. •IL...q - - ••• _ --F ,•• •, I• ' -ram 7 '••.+, +. ' ... ..-.j ♦ •a• 1 • ilr. " „ ...Air... - , ,., "1 ,• _ - L. /� 'mod • - r• • • ~' •• • t y•i���:•G �•1� •.•'�• J _•09 i L� ilif . •64111110001 .. ‘ : . ' • ..pi.,,:' .. . ..,, • . : ••. . . .b., .. , . .....,,,,.... . . .., _.• _ _A--Allb •. 7.• V :•.,... 7. ...*r •• "••• - • g- s 4'i ..." ••. �• ,err .h.,..„ fz eIllill'' - lit Yi 4