VRC RES 2001-001 •
V.R.C. RESOLUTION NO. 2001-01
A RESOLUTION OF THE VIEW RESTORATION COMMISSION
OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE
APPEAL OF THE DIRECTOR'S DECISION AND APPROVING A
REQUEST TO TRIM AND REMOVE FOLIAGE IN THE PUBLIC
RIGHT-OF-WAY ADJACENT TO 6348 AND 6352 VIA COLINITA
IN ORDER TO RESTORE THE VIEW FROM 6304 VIA CIEGA.
WHEREAS, on September 15 1999, Mr. and Mrs. Paul Berglund, and Mr. and Mrs.
Charles Rosenburg, owners of property located at 6309 and 6305 Via Ciega, (herein "the
applicant's") 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 Via Colinita, in the City of Rancho
Palos Verdes ("City"); and
WHEREAS, and on April 3, 2000, Mr. and Mrs. Edward Murphy, owners of property
located at 6304 Via Ciega in the City of Rancho Palos Verdes, were added to the 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 Via Colinita,
in the City of Rancho Palos Verdes ("City"); and
WHEREAS, on April 28, 2000 a staff report was prepared indicating that the view was
not significantly impaired from 6305 Via Ciega (Rosenberg residence) or 6309 Via Ciega
(Berglund residence) but that the view was significantly impaired from 6304 Via Ciega
(Murphy residence); and
WHEREAS, on May 9, 2000 notice was sent regarding the Director's decision to
remove one Pine tree, one Fir tree, and one Ash tree unless the trees were (adopted) by an
adjoining property owner; who would take responsibility of the maintenance of the trees, in
which case the decision would be to trim the trees by raising the bottom of the crown of each
tree by 20 feet above the base of each tree located in the in the public right-of-way in the
parkway along Via Colinita, in the City of Rancho Palos Verdes ("City"); and
WHEREAS, on May 17, 2000 and again on May 19, 2000, Mr. Donald Wildasin and
Mr. Donald Donner submitted requests to adopt the three subject trees located in the in the
public right-of-way in the parkway along Via Colinita, in the City of Rancho Palos Verdes
("City"); and
WHEREAS, on June 7, 2000 the above referenced applicants and owners of 3
properties along Via Ciega 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 on January 23, 2001 to the applicant, appellants and owners
of properties abutting or underlying the public right-of-way where the trees are located at least
30 days in advance of the hearing; and
WHEREAS, on March 1, 2001, 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 1: The applicant's at 6304, 6305, and 6309 Via Ciega have views, as defined
by Section 17.02.0 of the City's Development Code, of the Los Angeles basin, the Vincent
Thomas Bridge, the harbor and the ocean from their respective viewing areas. The obstructed
view of the Korean Bell is not considered a protected landmark view in that it is barely visible
with the naked eye from the applicants' viewing areas.
Section 2: The applicants' viewing areas, as defined by Section 17.02.0 of the City's
Development Code, are taken from the living room at 6304 Via Ciega, the living room and the
deck from 6305 Via Ciega; and the family room and living room from 6309 Via Ciega.
Section 3: After conducting an investigation of the applicants' properties, it is
determined that three trees located on City property, a City easement, or in the public right-of-
way are significantly impairing only the view from the viewing area of the applicant located at
6304 Via Ciega, as defined in Chapter 17.02.040 of the Rancho Palos Verdes Zoning Code.
The view from the applicant located at 6309 Via Ciega is not significantly impaired by the
subject trees and the view from 6305 Via Ciega is not impaired by the subject trees. The view
from the affected property (6304 Via Ciega) of the Los Angeles basin and the harbor is
significantly impaired by the subject trees.
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 80 feet from
the applicant's property at 6304 Via Ciega.
Section 5: The trees and/or foliage, which are significantly impairing a view from a
viewing area of property at 6304 Via Ciega, did not exist as view impairing vegetation when
the applicant's lot was created. The affected applicant's property, Lot 10, Block 1, of Tract No.
9302 was created 74 years ago on July 8, 1926. The subject view impairing foliage is not
indigenous and was planted after the tract was created and the roadway was built as
documented by the applicant provided photograph (Attached as Exhibit) during excavation of
the property at 6309 Via Ciega. 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 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 and approves City Tree
Review Permit No. 78, to restore the view from 6304 Via Ciega as provided in, and subject
City Tree Review Permit No.78
Resolution No.2001-1
Page 2 of 4
y
I 0
to, the conditions outlined in the attached Exhibit"A", which are necessary to protect the public
health, safety and welfare.
PASSED, APPROVED, AND ADOPTED on the 15th day of March 2001.
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Gilbert Alberio, Chairman
II
J b el R u jas, A.I.C.P /11
D ect%r of Plannin•
Bui sing & Code Enf• ement
City Tree Review Permit No.78
Resolution No.2001-1
Page 3 of 4
• . .
EXHIBIT "A"
CONDITIONS OF APPROVAL
CITY TREE REVIEW PERMIT NO. 78
1. Pine tree (labeled No. 1) located in front of 6348 Via Colinita: Trim down 10 to 15 feet or
no more than 1/3rd the height of the crown. The remaining foliage shall be laced heavily. All
work shall be done during the cool weather months (November through March). After the initial
trimming has occurred, staff will measure the height of the tree to establish the baseline
reference point for all future maintenance. Maintenance shall occur on an annual basis.
Additionally, the property owner of 6348 Via Colinita, must execute the attached "Covenant
to Maintain Trees in the Public Right of Way" for the above referenced Pine tree not later
than 30 days after the approval of this permit. If the agreement is not executed as specified,
then the City will remove the tree as stated in the original Notice of Decision dated May 9, 2000.
2. Fir tree (labeled No. 2) located in front of 6352 Via Colinita: Remove.
3. Ash tree (labeled No. 3) located in front of 6352 Via Colinita: Remove
City Tree Review Permit No.78
Resolution No.2001-1
Page 4 of 4