VRC RES 1997-019 V.R.C. RESOLUTION NO. 97 -19
A RESOLUTION OF THE VIEW RESTORATION
COMMISSION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VIEW RESTORATION PERMIT NO. 49 TO
TRIM, LACE AND REMOVE OR TOP FOLIAGE AT 6528 VIA
COLI N ITA.
WHEREAS, on March 18, 1997, Mr. and Mrs. Robert Henry, owners of property
located at 6525 Via Colinita (herein "the applicant"), in the City of Rancho Palos Verdes,
filed an application requesting a View Restoration Permit("Permit")to restore the view from
her property that is significantly impaired by foliage owned by Mr. and Mrs. Alexander
Bruce at 6528 Via Colinita (herein "the foliage owner"), in the City of Rancho Palos Verdes
("City"); and
WHEREAS, notice of the View Restoration Commission ("Commission") hearing
was mailed to the applicant and the foliage owner on July 21, 1997, 30 days in advance
of the hearing; and
WHEREAS, on August 21, 1997, after all voting members of the View Restoration
Commission had visited the site, the Commission held a duly noticed public hearing to
consider the request, at which time, all interested parties were given an opportunity to be
heard and present evidence.
NOW, THEREFORE, THE VIEW RESTORATION COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section t The applicant at 6525 Via Colinita has a view, as defined by Section
17.02.040 of the City's Development Code, which includes the Pacific Ocean, San Pedro,
Vincent Thomas Bridge, and the Los Angeles Harbor.
Section 2; The applicant's viewing area, as defined by Section 17.02.040 of the
City's Development Code, is primarily from the living room and also from the family room
and the master bedroom.
Section 3 The applicant's view is significantly impaired one Eucalyptus tree and
one Jacaranda tree on property located at 6528 Via Colinita.
Section 4: The applicant has complied with the early neighbor consultation process
and has shown proof of cooperation on their part to resolve conflicts, as evidenced by the
letter dated January 23, 1996, and the receipt for certified mail sent to the foliage owner
at 6528 Via Colinita.
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Section 5: Based on evidence provided by the applicant, the subject trees at 6528
Via Colinita significantly impair the applicant's view. All of the subject foliage exceeds the
height of the ridgeline of the primary structure and significantly impairs the view from the
applicant's viewing area.
Section 6: The subject property is located less than one thousand (1,000) feet
from the applicant's property.
Section 7; The foliage significantly impairing the view did not exist, as view
impairing vegetation, when the lot from which the view is taken was created. Both the
applicant's and the foliage owner's properties are a part of Tract No. 7145 and were
created in April, 1924. The foliage owner's house was constructed in 1928 and the
applicant's house was constructed in 1977. None of the view impairing trees are
indigenous to the area and they are unlikely to have existed when the lots were created
because both are planted in areas that would have been graded at the time the lots were
created or after the foliage owner's house was constructed. The Jacaranda tree would not
have been planted until after the foliage owner's house was constructed since it is within
two feet of the house and the view impairing Eucalyptus is within five feet of the public
right-of-way adjacent to an area that was graded to construct the road. In addition, the lots
were created over 73 years ago and if the trees had existed at that time, then they would
have been young saplings much less than 16 feet in height and too small to impair view
from the applicant's property
Section 8; Trimming the Eucalyptus tree and the Jacaranda tree will not cause an
unreasonable infringement of the privacy of the occupants at 6528 Via Colinita in that the
Jacaranda and the Eucalyptus trees do not provide privacy. Foliage on both trees is 10
to 15 feet above the ground and from the street level views under the crown of the subject
trees are unobstructed. From the applicant's viewing area, privacy will not be affected
because the Jacaranda tree is beyond the foliage owner's house. The Eucalyptus tree is
near a corner on the foliage owner's property and when viewed from the applicant's
perspective, Maine Road and foliage on other property is beyond the Eucalyptus tree.
Therefore, trimming the trees will not cause unreasonable infringement of the privacy of
the foliage owner.
Section 9 Trimming the subject trees as identified in Condition Nos. 1 and 2 of
attached Exhibit "A", is necessary in order to restore the applicant's view.
Section Pursuant to Section 15300 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 applicant's 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).
V. R.C.Resolution No.97-19
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Section It, Based on the foregoing information, and on the information and
findings included in the Staff report and evidence presented at the public hearing, the View
Restoration Commission hereby orders the trimming of foliage at 6528 Via Colinita to
restore the views at 6525 Via Colinita, as provided in, and subject to, the conditions
outlined in the attached Exhibit "A".
Section 12. 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 (C)(2)(g) of
the Rancho Palos Verdes Municipal Code, any such appeal must be filed with the City, in
writing and with the appropriate appeal fee, no later than fifteen (15) days following August
21, 1997, the date of the View Restoration Commission final action.
Section 13. For the foregoing reasons and based on information and findings
contained in the Staff Reports, minutes, and records of the proceedings, the View
Restoration Commission hereby approved View Restoration Permit No. 49 subject to the
Conditions of Approval contained in the attached Exhibit "A", which are necessary to
protect the public health, safety and welfare.
PASSED, APPROVED, AND ADOPTED on the 21th day of August, 1997.
AYES: BLACK, BOUDREAU, CHAIRMAN R. GREEN, GOERN, KARMELICH
NOES: NONE
ABSTENTIONS: SWEETNAM
ABSENT: A. GREEN
i
Ra, •nd Green, Chairman
Carolynn tru, AICP
Director of Planning,
Building & Code Enforcement
V.R.C.Resolution No.97-19
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EXHIBIT "A"
CONDITIONS OF APPROVAL
VIEW RESTORATION PERMIT NO. 49
1. Eucalyptus Tree: The Eucalyptus tree shall be trimmed to a height not to exceed
the ridgeline of the primary structure on the foliage owner's property and shall be
maintained by the foliage owner in such a manner.
2. Jacaranda Tree: The Jacaranda tree shall be trimmed to a height not to exceed
the ridgeline of the primary structure on the foliage owner's property and shall be
maintained by the foliage owner in such a manner.
3. The applicant at 6525 Via Colinita shall, not later than 30 days after approval of this
permit, present to the City, a minimum of three (3) itemized estimates to carry out
the aforementioned work. Such estimates are to be supplied by licensed landscape
or licensed tree service contractors, acceptable to the City, which provide insurance
certificates in a form acceptable to the City, and shall include all costs of cleanup
and removal of debris. In addition, the applicant shall pay to the City an amount
equal to the lowest of the three estimates and such funds shall be maintained in a
City trust account until completion of work.
4. The foliage owner shall select a contractor from the estimates provided by the
applicants or another licensed firm of their choice subject to approval by the City,
to perform the required work. However, the foliage owner shall only be reimbursed
for the amount of the lowest bid submitted by the applicant.
5. The applicant may reduce the scope of the trimming required by this Permit by
giving the City and the foliage owner written notice of such decision within 30
days of this approval. The applicant shall deposit funds to the City in a trust
account in an amount sufficient to cover the remaining work. However, trimming
or removal of the vegetation which the applicant has chosen to eliminate would
then require an entirely new View Restoration application and fee.
6. The applicant may withdraw their view restoration request and their trust account
funds if the applicants do so within five (5) days after the applicants send the three
(3) estimates required by Condition No. 5 above. In the event that the applicant
withdraws his/her request in a timely manner, the foliage owner is not required to
perform the work specified by this Permit and this Permit is of no further force and
effect.
V. R.C.Resolution No.97-19
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7. The foliage owner at 6528 Via Colinita shall, no later than 90 days after the Notice
of Approval (First Notice) is mailed, complete the work to the extent required by this
Permit and shall maintain the vegetation to a height that will not impair a view from
another property in the future as specified in Condition Nos. 1 and 2.
8. The City shall reimburse the foliage owner at 6528 Via Colinita from the City's trust
account, not later than 30 days after receipt of the appropriate billing and the
satisfactory completion of the required work, specified by this Permit in an amount
not to exceed the amount of the applicant's trust account.
9. If the required work as specified in Condition Nos. 1 and 2 is not completed within
the time periods stipulated in Condition No. 7, then the City of Rancho Palos Verdes
will authorize a bonded tree service to perform the work at the subject property at
the foliage owners' expense. In the event that the City is required to perform the
work at the foliage owners'expense, the City shall reimburse the applicants from the
City trust account not later than 30 days after the City completes the work.
10. Subsequent to the trimming or removal of the foliage, the applicant may, at his
discretion, document the restored view for future reference by submitting to the
Director of Planning, Building and Code Enforcement, photographs of the restored
view taken from the applicant's viewing area along with a "Documentation of
Existing Foliage" form available at the Planning, Building & Code Enforcement
Department.
V. R.C.Resolution No.97-19
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