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2014-06-17_Occhipinti MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADJOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS JIJNE 17, 2014 CALL MEETING TO ORDER A meeting of the Committee on Trees and Views was called to order by Chairperson Smith at 5:03 p.m. on Tuesday, June 17, 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. Michael Jenkins, City Attorney. Shahiedah Coates,Assistant City Attorney. Heidi Luce, City Clerk. Annie Occhipinti, 34 Crest Road East. Howard Weinberg, Attorney. Samantha Lamberg, Attorney. Michael Sherman, 33 Crest Road East. Sherry Anne Lear, Attorney. Craig Ekberg, 35 Crest Road East. Judith Mishkin, 1 Flying Mane Road. City Manager Cruz introduced City Attorney Jenkins and Assistant City Attorney Coates who are serving as counsel to the City in place of David King who previously served as the Assistant City Attorney. 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, MAY 21, 2014 (SHERMAN/FOURNIER/OCCHIPINITI) Chairperson Smith noted two typographical errors on page three of the minutes. Committee Member Gray moved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Wednesday, May 21, 2014 as corrected. Committee Member Mirsch seconded the motion which carried without objection. 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 Chairperson Smith introduced the item, reviewed the rules of conduct for the meeting and asked for Minutes Committee on Trees and Views 06-17-14 -�- staff's comments. Pla�wing Director Schwartz reviewed the view impairment complainY filed by the Occhipintis at 34 Crest Road East regarding trees located aY 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 commented that there were three correspondence received afier the Committee recei��ed their packet and those correspondence have been placed on the dais — one is from the Murrells in suppo:�t of the Occhipinti's request; one is from the Department of Fish and Wildlife regazding trees located on the property line that have been cut; and the final one is from an attomey representing the Ekbergs who own the property at 35 Crest Road East. The Committee took a brief recess to review the con-espondence received including an additional packet of information distributed by Ms. Lamberg on behalf of the Shermans which she stated ineluded a letter from a geologist and an annotated copy of the survey. City Attorney Jenkins commented that the Committee may review the documents, but not everything needs to be fully read and digested for tonight's meeting since there will be subseyuent meetings and a field trip pertaining to this case. Planning Director Schwartz reviewed the City's View Preservation Ordinance including the new provisions in the Ordinance set forth when Measure B was adopted by the voters amending the Ordinance. She further reviewed the application submitted by the Occhipintis stating that they provided a Grant Deed showing that they acquired the property in 1970 and they claim that when they acquired the property there were no trees on the property at 33 Crest Road East and that they had an unobstructed view of the ocean and Catalina Island that they would like restored. She further commented that the applicant further claims that the question of mature vs. maturing trees does not apply to this case. With regard to the Sherman's posiCion on the matter, she stated tliat in a letter from the attorney for the Shermans she questioned the date of acquisiuon �f�he �roperty given that the property was placed in a family trust in 2013. Planning Director Schwartz further reviewed the tree survey map showing the location of the trees as submitted by the applicant. She stated that the map identifies and numbered 121 trees and the corresponding arborist report lists all of the trees and what action is requested to be taken on the trees. She further reviewed a diagram of the view plane that the applicants would like to achieve as well as additional material submitted by the applicant. She stated that the Committee's role is to evaluate the information received from all parties and determine what findings can be made with regard to the view; to take a field trip to visit the site and if applicable determine what, if any restorative action should be ordered. Ann Marie (Annie) Occhipinti, 34 Crest Road East addressed the Committee on behalf of her parents, the Occhipintis who own the property at 34 Crest Road East. She stated that her parents purchased the property in 1969 with an unobstructed view of the Pacific Ocean and Catalina Island and that view has diminished over the years due to vegetation growing on the Sherman property. She commented that when they moved into the property the Sherman property was a vacant lot. Howard Weinberg, Attorney addressed the Committee on behalf of the Occhipintis (34 Crest Road East) stating that he feels the Committee has four inain issues to resolve initially, is there a protectable view, did the view exist when the property was acquireC, can it be shown by clear and convincing evidence that the view is impaired, and if the view is impairad, were any of the trees mature at the time the Occhipinitis acquired the property. He further commented that he feels that the Committee should be able to make the findings that all of those facts are hve. He further reviewed the information provided including aerial photographs in support of those facts. He commented that the issue regarding the view to the North, as raised by tbe Sherman's attorney is not relevant to this application because the view the Occhipintis are seeking to restore is the view of the Pacific Ocean and Catalina Island. He further reviewed the tree survey as well as the view plane survey showing the impairment of the view. He commented regarding the term "view corridor" used in the Ordinance stating the corridor should provide the view not a slice of the view and that he believes in order to restore the view it means to restore the visually impressive vista not just a peek-a-boo view through the vegetation. Samantha Lamberg, Attorney addressed the Committee on behalf of the Shermans (33 Crest Road East) presenting a panoramic photograph showing the view from the Occhipinti property over the Sherman property which includes a view conidor. She commented that she does not feel that a view corridor equals a panoramic view. She reviewed the annotated survey showing the location of trees that are proposed to be removed. She further commented that the City has received letters from two agencies, Dept. of Fish and Wildlife and Regional Water Quality Control Board, indicating that two canyon areas shown on the tree survey are protected areas over which they have jurisdiction and would require an Minutes Committee on Trees and Views 06-17-14 -2- Environmental Impact Report before any trimming is ordered. She expressed concern that cutting of the trees would create a geological hazard and commented that according to the Ordinance, no restorative action can be ardered in the event that to do so would create an environmental impact. She stated that they have provided a geologic report describing the environmental and geologic hazards. She further commented on the concern raised by the Regional Water Quality Board. She commented that if there is an environmental risk it is within the confines of the Ordinance not to order restorative action. She further commented that there should be no restorative action ordered if the trimming of the trees will create an environmental risk or infringe on the privacy of the landowner which in this case it would. She stated that they are asking for a continuance because they were not provided access to the survey until very late and they were not allowed to inspect the northern views. Michael Sherman, 33 Crest Road East addressed the Committee stating that properties on the North side of Crest Road typically have views of the LA basin, city lights to the North; and of the Queen's Necklace and South Bay beaches to the Northwest and that properties on the South side of Crest Road have views of the ocean and Catalina and other islands. He stated that he feels the Occhipinti's primary view is to the North, but he and his attorney were prevented from photographing that view. He further stated that the Ordinance calls for restoration of view corridors not panoramic views and he feels the Occhipintis have a beautiful ocean view to the South without any trimming. He commented that he would agree to the judicious crowning and lacing of the Melaleuca trees on the south side of their rear porch to improve the Occhipinti's ocean view as long as the reduction does not exceed the Arborist Association guidelines. He fixrther expressed concern regarding the environmental and geological impact that may result should the trees in the canyon be ordered to be trimmed or removed and stated that he will hold the City responsible for any damage to his property. Sherry Lear addressed the Committee on behalf of the Ekberg's who own the property at 35 Crest Road East. She stated that they feel that they should have been involved in the process because some of trees border their property. She further noted discrepancies in the arborist report commenting that some of the trees are misidentified. She commented that the trees along the driveway were planted by a previous property owner of the property at 35 Crest Road East and Ekbergs maintain and water the trees and if trimming or removal were ordered, it would have to be done from the Ekberg's properiy and because of those factors, they have a right to participate in this process. Judith Mishkin, 1 Flying Mane Road addressed the Committee to ask if the Occhipintis purchased some land on Southfield Drive and cut down some trees on that property. Craig Ekberg, 35 Crest Road East addressed the Committee to express concern as to what might happen if the tributaries along Klondike slide area are impacted by additional water flow caused by any tree trimming that may be ordered. He asked the Committee to visit his property when they conduct the site visit to Mr. Sherman's property. Mr. Weinberg addressed the Committee again on behalf of the Occhipintis stating that before the Committee addresses the issues related to the problems that may be caused by any restorative action, it must first consider the four items he mentioned previously. He also commented that the Northern views are not before the Committee at this time and should not be considered. He asked the Committee to consider the information received, visit the site, make the findings and determine the appropriate and adequate restorative action. Ms. Lamberg addressed the Committee again on behalf of the Shermans stating that based on the photos provided, you can't tell what the view was because there is no delineation between the horizon and the ocean. Ms. Lamberg further commented that she feels that there should be measures taken to address the impact of transferring a deed to a trust on ownership of a property. In response to the issue Ms. Lamberg raised regarding the trust, Mr. Weinberg stated that a transfer to a rewrdable trust is the same as the person holding property in their own name per Steinhart v. County of Los Angeles. Hearing no further public comments, the committee discussed the matter. Discussion ensued concerning the definition of a "mature" tree. City Attorney Jenkins commented that the key is when the tree is mature and secondarily whether it is mature. He further commented that the question is: Were they mature at the time of acquisition of the property? In response to Committee Member Gray's inquiry, City Attorney Jenkins stated that the City has no other protections for trees in Minutes Committee on Trees and Views 06-17-14 _3_ the City. Further discussion ensued concerning properties with more than one view and in response to Committee Member Gray, City Attorney Jenkins stated that the applicant may choose a view they aze seeking to protect. He further commented that there is no definition or guidance in the current Ordinance as to whether or not an applicant can seek multiple views. Discussion ensued concerning whether or not the Committee should visit the Ekberg property. City Attorney Jenkins commented that the Committee can look at any properties that are relevant to making a decision. The Committee concurred that it should visit the Occhipinti, Sherman and Ekberg properties. The Committee further discussed potential dates and times and set a date of Thursday, August 21, 2014 at 4:00 pm for the field trip to begin at 34 Crest Road East The public hearing was continued. ADJOURNMENT Chairperson Smith adjourned tl�e meeting at 6:25 p.m. to an adjourned meeting of the Rolling Hills Planning Commission Committee on Trees and Views scheduled to be held on Thursday, August 21, 2014, beginning at 4:00 p.m. for the purpose of conducting field trip to begin at 34 Crest Road East, Rolling Hills, California. Respectfully submitted, , , , ,f I ' , ,,, i �./ � � � ' I Heidi Luce City Clerk Approved, � � -r, /. �. rl 71 V. Smith C airperson Minutes Committee on Trees and Views 06-17-]4 -4-