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2014-08-19_Fournier MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUGUST 19, 2014 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 5:04 p.m. on Tuesday, August 19, 2014, in the City Council Chamber, at City Hall, 2 Poriuguese Bend Road, Rolling Hills, California. ROLL CALL Committee Members Present: Gray, Mirsch and Chairperson Smith. Committee Members Absent: None. Others Present: Raymond R. Cruz, City Manager. Yolanta Schwartz, Planning Director. Shahiedah Coates, Assistant City Attorney. Heidi Luce, City Clerk. Debi Fournier, 30 Crest Road East. Howard Weinberg, Attorney. Michael Sherman, 33 Crest Road East. Samantha Lamberg, Attorney. Craig Ekberg, 35 Crest Road East. Sherry Anne Lear,Attorney. PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA None. APPROVAL OF MINUTES None. PUBLIC HEARING CONSIDERATION OF VIEW IMPAIRMENT COMPLAINT REGARDING TREES AT THE FOLLOWING LOCATION: LOCATION OF TREES: 33 CREST ROAD EAST PROPERTY OWNER: MR. AND MRS. SHERMAN COMPLAINANTS: MR. AND MRS. FOURNIER, 30 CREST ROAD EAST Chairperson Smith introduced the item and asked for stafPs comments. Planning Director Schwartz distributed a correspondence that was just received from the Fournier's geologist and stated that a correspondence received yesterday from the resident at 6 Chesterfield has been placed on the dais. Chairperson Smith then reviewed the rules of conduct for the meeting and asked for further comments from staff. Planning Director Schwartz reviewed the view impairment complaint filed by the Fourniers at 30 Crest Road East regazding trees located at 33 Crest Road East owned by the Shermans. She stated that the parties went through mediation which was unsuccessful and the applicant requested a hearing before the Committee on Trees and Views. She further reviewed the process far the hearing and the determinations that should be made by the Committee. She stated that the applicant provided a tree survey showing the trees and just today provided a new color-coded list (attachment 5) that shows the requested action on each tree. She also stated that both parties also submitted geological reports. The Minutes Committee on Trees and Views 08-19-14 -1- Group Delta report submitted by the Fournier's includes aerial photographs from the 1960's and 70's that show no trees and no indication of land movement or erosion and further recommends that if trees are removed, they should be replaced with deep-rooted vegetation. She stated that the reports submitted by Mr. Sherman's attorney indicate that removal of the trees would cause a potential for landslides and erosion. She further stated that the attorney for the Ekberg's whds driveway runs along the East side of the Sherman property, also submitted a correspondence stating that those trees provide shade and beauty for the access to their property and they would like to be included in this process and expresses concern regarding erosion and instability should the trees be removed. Planning Director Schwartz stated that the Ordinance also requires that before ordering any action, the Committee should also consider the privacy and enjoyment the trees provide the property owner and how any action would affect the environment. Chairperson Smith called for public comment. Debra Fournier, 30 Crest Road East addressed the Committee and reviewed the color-coded list of actions they are suggesting. She reviewed photographs of the view they had previously and commented that keeping the hedge trimmed is a key component to maintaining the view. She stated that they are requesting view restoration as stewards of the property to help maintain their property value and for their personal enjoyment of their property. Howard Weinberg, Attomey addressed the Committee on behalf of the Fourniers stated that the requirement for the Committee is to determine if the Fourniers had a view in 1993; can they prove they had that view; can they prove the view is impaired and was the vegetation mature at the time they purchased their property? He further commented regarding the "view comdor" issue that the Committee is going to have to determine what that means and asked that the Committee consider restoring the view the Fourniers had. Michael Sherman, 33 Crest Road East addressed the Committee stating that the burden of proof has to be ciear and convincing and he does not feel that the one photograph presented that was taken three years after they moved in is clear and convincing and as a result, the case should be denied. He also stated that he feels his property would be severely impacted by a loss of trees in the canyons that run along both sides of his property. Samantha Lamberg, Attorney addressed the Committee stating that picture presented on the board this evening depicting the view the Fourniers are requesting does not match the picture submitted in the application that the Fourniers originally submitted and doesn't clearly indicate that a view exists. She also expressed concern that they were not provided ample notice to properly respond to the list of trees and requested action, given that they were not provided the information until Friday and then it changed today. She suggested that the hearing be continued to allow them time to review the materials submitted. She stated the Regional Water Quality Control Board and the Department of Fish and Wildlife have expressed concern that removal of trees in the area of the Klondike Canyon Creek may impact the waterway. Ms. Lamberg also commented that the matter of whether or not the trees are mature or maturing has not been clearly determined. Sherry Lear, Attorney on behalf of Craig and Hanne Ekberg, 35 Crest Road East addressed the Committee a(so expressing concern that the request for tree removal was changed again and expressing concern that removing trees in the Klondike Canyon tributary will also affect the Ekberg property. Howard Weinberg addressed the Committee stating that proof was submitted that a view existed in 1996 and the picture presented is provided as proof that a view existed, not as definition of the view that is to be protected. With respect to the geology matter, Mr. Weinberg commented that the report submitted by Rob Masuda indicated that removal of the trees will not affect the slope. Mr. Weinberg further commented that the Committee should rely on expert evidence with regard to geology maters and that at the last hearing in April, Ms. Fournier commented that the trees on the Ekberg property would be removed from the claim. Samantha Lamberg addressed the Committee stating that the matter regarding the trees on the Ekberg property was deferred pending the survey. She also commented regarding risk and landslides that the City through its general plan has voiced its own concern regarding landslide risk and the effect de- vegetating a slope may have on stability. Craig Ekberg, 35 Crest Road East addressed the Committee stating that the Klondike Canyons feed the Mi�utes Committee on Trees and Views 08-19-14 -Z- Klondike landslide and expressed concern that removing trees will affect the slide area. Debra Fournier addressed the Committee in response to Ms. Lamberg's comment regarding the photos not matching stating that it was unintentional and she is just requesting that the trees be laced. She also commented that her trees do not block the view. Mr. Weinberg, in response to Mr. Ekberg's comments refened the Committee to the geologist expert report that was submitted today. Ms. Lamberg suggested that the View Plan Survey submitted tonight be wrrected to show the true elevation and commented that the ordinance compels the Committee to consider the environmental impact any restorative action may have. City Manger Cruz asked the parties, going forward to submit any materials for consideration by the deadlines established. Hearing no further public comments, the Committee discussed the matter. Committee Member Gray suggested that the parties try to reach an agreement amongst themselves that would satisfy both parties. Committee Member Mirsch commented that if view restoration is ordered the Committee could consider options other than removal. Chairperson Smith also suggested that the parties try to reach an agreement. Following brief discussion, the Committee determined that a site visit should be scheduled. A field trip was scheduled to be held on Tuesday, October 28, 2014 at 4:00 p.m. beginning at 30 Crest Road East. The public hearing was continued. ADJOURNMENT Chairperson Smith adjourned the meeting at 6:12 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Tuesday, October 28, 2014, beginning at 4:00 p.m. for the purpose of conducting a field trip to begin at 30 Crest Road East, Rolling Hills, California. Respectfully submitted, /�t, �+ ,lf � ` '` �f4�,� ,t � .- � . Heidi Luce City Clerk Approved, 1 �/ � " �`�i��" \'. ...� u Ji�T�V. Smith Chairperson Minutes Committee on Trees and Views 08-19-14 -3-