Loading...
VRC RES 1998-006 111 V.R.C. RESOLUTION NO. 98 -06 A RESOLUTION OF THE VIEW RESTORATION COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF THE DIRECTOR'S DECISION AND DENYING A REQUEST TO LACE AND REMOVE FOLIAGE IN THE PUBLIC RIGHT-OF-WAY ALONG BASSWOOD AVENUE IN ORDER TO RESTORE THE VIEW FROM 5433 WHITEFOX DRIVE. WHEREAS, on March 21, 1997, Dr. and Mrs. Gregory Teles, owners of property located at 5433 Whitefox Drive (herein "the applicant"), in the City of Rancho Palos Verdes, filed an application requesting a City Tree Review Permit("Permit")to restore the view from their property that is significantly impaired by foliage in the public right-of-way in the parkway along Basswood Avenue, in the City of Rancho Palos Verdes ("City"); and WHEREAS, on March 26, 1998 notice of the Director's Decision to trim two Canary Island Pine trees and to remove two additional Canary Island Pine trees located in the parkway across the street from 26415, 26409, 26433 and 26427 Basswood Avenue was mailed to the applicant and to owners of 13 properties abutting or underlying the public right-of-way where the trees are located; and WHEREAS, on April 9, 1998 owners of 14 properties along Basswood Avenue duly filed an appeal of the Director's decision; and WHEREAS, notice of the View Restoration Commission ("Commission") hearing to consider the appeal was mailed to the applicant, appellants and owners of properties abutting or underlying the public right-of-way where the trees are located on May 2, 1998, at least 30 days in advance of the hearing; and WHEREAS, on June 4, 1998, 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 5433 Whitefox Drive has a view, as defined by Section 17.02.0 of the City's Development Code, of the Santa Monica Bay, the South Bay strand (coastline) and the Los Angeles basin. Section 2: The applicant's viewing area, as defined by Section 17.02.0 of the City's Development Code, is from the living room and deck. 1111 II Section 3: The applicant has a view that is not significantly impaired by four Canary Island Pine trees located in the public right-of-way in the parkway across the street from 26415, 26409, 26433 and 26427 Basswood Avenue. Section 4:, The trees and/or foliage are located less than one thousand (1,000) feet from any part of the applicant's lot. The view impairing trees are approximately 500 to 900 feet from the applicant's property. Section 5: The trees and/or foliage did not exist as view impairing vegetation when the applicant's lot was created. The applicant's property, Lot 62 of Tract No. 24530, was created in the early 1960s and is located on a building pad 55'- 70' higher than the elevation at the base of the trees. When planted, street trees are five to ten feet tall and their crowns range in diameter from two to five feet. Therefore, the subject foliage did not create a significant view impairment when the applicant's lot was created. Section 6. 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) and Section 17.76.100 (H) 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 June 4, 1998, the date of the View Restoration Commission final action. Section 7. 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 upholds the appeal of the Director's decision, thereby denying City Tree Review Permit No. 23. PASSED, APPROVED, AND ADOPTED on the 4th day of June 1998. AYES: Kipper, McBride, Mehlman, Long NOES: Black, Drages, Sweetnam ABSTENTIONS: R. Green, Mueller ABSENT: A. Green .. 1 - i Thomas Long, Chairma► di .... oel R,jas ctin• Director of PI- -ning, Bui ding & Code Enforcement