2014-08-21_Occhipinti ,- - _ - �
MINUTES OF A MEETING II
OF THE
COMMITTEE ON TREES AND VIEWS �
AN ADJOURNED MEETING I
OF THE PLANNING COMMISSION �
OF THE �
CITY OF ROLLING HILLS
AUGUST 21, 2014 I
CALL MEETING TO ORDER
A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 4:00 p.m.
on Thursday, August 21, 2014, at the porte cochere in front of the Occhipinti home at 34 Crest Road
East, Rolling Hills, California. II
ROLL CALL
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Committee Members Present: Gray, Mirsch and Chairperson Smith. il
Committee Members Absent: None.
Others Present: Raymond R. Ccuz, City Manager. �
Yolanta Schwartz, Planning Director. 1
Shahiedah Coates, Assistant City Attorney. I
Heidi Luce, City Clerk.
Annie and Geraldine Occhipinti, 34 Crest Road East.
Howard Weinberg,Attorney.
Brandon Gill, Arborist, American Arbor Caze. �i
Michael and Sandy Sherman, 33 Crest Road East. I
Samantha Lamberg, Attorney.
Brad Travers,Arborist, Travers Tree Service
Craig and Hanne Ekberg, 35 Crest Road East.
Sherry Anne Lear, Attorney.
Debi Fournier, 30 Crest Road East. �
Elliott Brunner, 26 Cinchring Road. �
Cathy Nichols, 14 Crest West.
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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. OCCHIPINTI,
34 CREST ROAD EAST j
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The Members of the Committee and the parties present assembled at the porte cochere in front of the
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Occhipinti property at 34 Crest Road East. City Manager Cruz asked the participants to stay with the '
group; to address any comments to the Committee, upon being recognized by Chairperson Smith; and to '
refrain from having side conversations during the course of the field trip.
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Chairperson Smith introduced the item and asked far staff's comments. Planning Director Schwartz �
reviewed the view impairment complaint filed by the Occhipintis at 34 Crest Road East regarding trees i
located at 33 Crest Road East owned by the Shertnans. She stated that the Committee is tasked with I
determining the viewing area; determining if there is a view and was there a view at the time the current
property owner acquired the property; determining if the view is impaired and whether or not it is
significantly impaired; and determining if any action is necessary to restore the view. She stated that the �
Committee must also consider the impact any restorative action may have on the environment and on the �
property owner's privacy and enjoyment of their property.
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On behalf of the applicant, Mr. Weinberg addressed the Committee stating that the viewing area is the '
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Minutes
Committee on Trees and Views
08-21-14
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area in front of the main entrance to the home and from the windows of the front rooms of the home.
The Committee proceeded into the Occhipinti home and assessed the view from the living room to the
East of the front doors and from a front bedroom immediately West of the front door. While in the living
room, Mr. Weinberg, addressed the Committee on behalf of the Occhipintis and reviewed the tree
survey map stating that the trees seen from this room are the trees numbered in the high 90's and 100's.
He reviewed the color-coded legend for the action being requested on each tree. As a point of reference,
Committee Member Gray noted that the top of a chimney on the Sherman house can be seen from this
viewing location. He asked if the complainant would consider crowning/trimming versus removal of the
trees indicated for removal. Discussion ensued concerning trimming versus removal and the previous
trimming that occurred. Mr. Sherman showed a photograph depicting what he agreed to during
mediation. Commissioner Gray suggested that the parties work together to try to resolve the matter. Mr.
Weinberg commented that his client is willing to consider what is being offered by Mr. Sherman. Mr.
Ekberg expressed concern regarding the trees along the driveway as those trees affect his property.
When in the bedroom, Planning Director Schwartz reviewed the color-coded legend on the tree survey
map indicating the action being requested on each tree. Committee Member Gray asked how the height
was determined. Discussion ensued concerning how the elevations aze shown on the tree survey map.
Mr. Weinberg commented that a new tree survey map will be provided with the true elevations Ms.
Lamberg pointed out that the numbering of some of the trees on the tree survey map is incorrect.
The Members of the Committee and the parties present then assembled in the roadway easement in front
of the Sherman property next to the hedge. Mr. Sherman expressed concern that reducing the height of
the hedge as proposed would result in a loss of privacy for his property. He also noted that the height of
the hedge varies because the roadways easement slopes downward. The group then proceeded to the top
of the driveway serving the Sherman property and viewed the trees in that area of the property as well as
the trees along the driveway. Ms. Lamberg noted that the area along the westerly property line of the
Sherman lot is the Western Tributary to the Klondike Canyon Creek. Discussion ensued concerning the
view plane. Mr. Weinberg commented that the view plane is over the top of the roof of the house.
Committee Member Gray noted the height of the chimneys on the house as compazed to the surrounding
trees. The group then proceeded to the pazking area on the Sherman property and viewed the trees in that
I area as well as the trees near the trash enclosure. The group proceeded toward the tennis court and
viewed the trees in that area as well as the trees in the canyon toward the Stevens property. Planning
Director Schwartz stated that she will provide a map showing the contours of the canyon at the next
meeting. The Committee and those present then viewed the trees along the rear of the house. Mr.
Sherman indicated that he is willing to trim the Melaleuca trees in that area.
The group then proceeded to the pool area on the Sherman property and viewed the trees in that area.
Mr. Sherman indicated that he would be willing to reduce the crowns of some of trees in that area. The
group then proceeded to the front of the house near the garage to view the trees located at the front of
the property. It was noted that the Pepper trees along the front of the house provide privacy along with
the hedge that was viewed from the roadway easement. Ms. Lamberg commented that the trees also
serve to reduce the noise from the roadway. The group then proceeded to the East side of the house and
viewed the trees in that area. Ms. Lamberg noted that the numbering of the trees in this area does not
match the tree survey map. Mr. Sherman commented that the trees in this area provide privacy and
shade for his home.
The Committee and those present then proceeded to the driveway of the Ekberg property at 35 Crest
Road East and viewed the trees in that area as well as the trees along the driveway heading down toward
the Ekberg's home. Discussion ensued concerning trees #91 and #98 and it was noted that it is unclear
on the tree survey map which tree is which. Ms. Lear wmmented that the trees along the driveway have
been maintained by the Ekbergs since they purchased the property. Discussion ensued concerning the
trees in that area. City Manager Cruz commented that view cases are best resolved when the parties are
able to come to an agreement between themselves. Committee Member Gray commented that it appears
that the parties are willing to work together and he would suggest that the parties try to reach an
agreement. Mr. Weinberg and Ms. Lamberg indicated that their clients are willing to meet to discuss the
matter.
The group reassembled at the porte cochere in front of the Occhipinti home at 34 Crest Road West. Mr.
Sherman provided the Committee with a copy of a photograph indicating his suggestions to improve the
view. Recognizing the time constraints of the parties, the public hearing was continued to Thursday,
October 2, 2014 beginning at 10:00 a.m. in the City Council Chamber, at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
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Committee on Trees and Views
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PUBLIC COMMENTS ON MINUTES OR ANY ITEMS NOT ON THE AGENDA
None.
APPROVAL OF MINUTES
MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS,
WEDNESDAY, JUNE 17, 2014 (SHERMAN/OCCHIPINTI).
Consideration of this item was continued to the next meeting of the Committee on Trees and Views.
ADJOURNMENT
Chairperson Smith adjourned the meeting at 630 p.m. to an adjourned meeting of the Rolling Hills
Planning Commission Committee on Trees and Views scheduled to be held on Thursday, October 2,
2014 beginning at 10:00 a.m. in the City Council Chamber, at City Hali, 2 Portuguese Bend Road,
Rolling Hills, California.
Respectfully submitted,
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7.
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Heidi Luce
City Clerk
Approved,
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J' V. Smith
Chairperson
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Minutes
Committee on Trees and Views
08-21-14
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