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2015-05-14_Hassoldt Nuccion„ .t....�. ;.;.�..,.,,�,..�:.-:��...�....�.:-.:...�..,A�._.�,:l�..,,r._.�._.�..,_.��,... .. ,�.,;.. M. ,m�;.,�,. ,.,._:.�.;.��. ....:�,;...... .�.._._..�.�r..._..._.r. MINUTES OF A MEETING OF THE COMMITTEE ON TREES AND VIEWS AN ADTOURNED MEETING OF THE PLANNING COMMISSION OF THE CITY OF ROLLIlVG HILLS MAY 14, 2015 ,�_ CALL MEETINGTO ORDER A meeting of the Committee on Trees and Views was called to order at 5:36 p.m. on Th�,trsday, May �4, 2015 in the City Council Chamber, at City Hall, 2 Partuguese Bend Road,Rolling Hills, Caiifornia. ROLL CALL Committee Members Present: Chelf, Gray and Chairperson Smith. Committee Members Absent: None. Others Present: Yolanta Schwartz,Planning Director. Heidi Luce, City C1erk. Shahiedah Coates,Assistant City Attomey. Dr. and Mrs. Stephen Nuccion. Mr. and Nfrs. William Hassoldt. PUBLIC CONIlI�NTS ON MIN[JTES QR ANY ITEMS NOT QN THE AGENDA None. APPROVAL OF MINU'TES _�� MINUTES OF A FIELD TRIP OF THE COMMITTEE ON TREES AND VIEWS, TUESDAY, APRIL 21, 2015 (HASSOLDT/NUCCI�l� Committee Member Chelf mo�ed that the Committee approve the minutes of the Committee on Trees and Views meeting held an Tuesday, April 21, 2015 as presented. Committee Member Gxay seconded #he motian which carried without objection. MIlVC!'TES OF A MEETING �F THE C�MMITTEE ON TREES AND VIEWS, TUESDAY, APRTL 21, 2015 (HASSOLDTINUCCION} Chairperson Smith nated one correction to the minutes on page 3 to provide further clarification to the point at which the :neeting was called back to order after the brief recess, the sentence should read: Chairperson Smith cailed the meeting back to order at 5:52 p.m. recognizing that the parties could not agree to assemble for such a me�ting. Fo�lowing brief discussion, Cammittee Member Chelf maved that the Committee approve the minutes of the Committee on Trees and Views meeting held on Tuesday, Apri1 21, 2015 as amended. Committee Member Graq seconded the motion which catried without objection. CONTINUED PUBLIC HEARING CONSIDERATION OF VTEW TMPAIRMENT COIV1PLAlNT REGARDING TREES AT THE FOLLaWING L�CATiON: LOCATION OF TREES: 15 PORTUGLTESE BEND ROAD PR4PERTY�WNER: MR.AND MRS. HASSOLDT COMPLAINANTS: DR. AND MRS. NUCCION 18 PORTUGUESE BEND ROAD AND CON'SIDERATION OF RESOLUTTON NO. 2Q1S-03CTV - A R�SOLUTTON OF THE ROLLING HILLS COMMIT'TEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IM�'AIRMENT TO 18 PORTUGUESE BE1VI3 ROAD CAUSED BY SPEC�FIC TREES LOCATED AT 15 POR'�'UGUESE BEND ROAD AND SETTING FORTH RESTQRATIVE ACTI�N TO ABATE TI�IMPAIRMENT. Minutes Committee on Trees and Views OS-14-IS -1- Chairperson Smith i�troduced the item and asked for staffls co�ments. Planning Director Schwartz stated that before the Cornmittee toda.y is a continued public hearing to consider a Resolution of Approval as prepared vvith dir�ction from the Comrnittee in a View Impa�rment case filed by the Nuccians at 18 Poriugi��se Bend Road against trees on the Hassoldt praperty at 15 Portuguese Bend Road. She stated that the Committee visited the site and the trees were identified in the field. Following the field trip and further consideration, the Committee directed staf�ta prepare a reso�ution td remediate the �iew impairment to the view that was shown in the evidence as present�d by the Nuccions from 2009 when they'purchased the property. She stated that the Resolution contains sYandard findings and facts and remediation conditians specifying that the remec�iarion shall be completed by )une 22, 2015 including a pravision that if an arborist determines that the trees would suffer if they were to be tt�mmed in June, then t..he reruediation action should occur at a time recommended by the arborist. She further reviewed the Res�lution stating�hat the initial restarative action will be paid by the complainant and the future ma.intenance, every two-yeazs, is �o be paid �y the properry owners of 15 PorEuguese Ben�i�oad and completed by March 9�' of each year the remediation is to take place. 5he further stated that the Resolution will be rec�rded and staff will dacument the restored �iew after the restorative action has taken place as a baseline for future enforcement of the Resolution and the Resolution contains a pravision that aliows staff to recoup costs associated with enforcement. She stated that a letter was received from the Hassoldts and the City Attomey will addxess the issues raised in the letter. Assistant City Attorney �oates stated that the letter from the tree owners raises a few points in two categories. First, that the Committee should have been provided with additional e�idence regarding the tree including an indepe�ndent azborists' report and a c�vil engineer's report. With regard to that point, she stated that the Coxnmittee has the discretion to determine i�it has sufficient evidence to support the findings and having taken a field trip to the sit� and reviewing the evidence submitted if the Committee feels it has s�ficient evidence, it is up to the Committee to determine if it needs additional information. She stated that the second point raised in the letter is with respect to the maturity of the trees which is a required fmding. She stated that the Resolution, as currer�tly drafted does not call out whether the trees were mature or maturing at t1�� time the Nuccions acquixed the property and that is samething the Committee needs to discuss today. She stated that the Committee should determine if it has been submitted with sufficient evidence to make a determination that the trees w�re rnat�ring and not mai�ure in 2009 when the Nuccions acquired their property. In response ta Comrr�it�ee Member Gray, Assistant City Attorney Coat�s stated that the Ordinance as amended by Measure B, does not differentiate with regard to the type of restoratave action when it exempts mature trees. Br�ef discussion ensued concerning the fact that the trees have been trimmed in the past and how might that affect maturity. Chauman Smi�h called for public comment. Ste�e Nuccion, �8 Portuguese Bena Raad addressed the Cotntnittee stating that it is their intention ta get this matter resolved and with regard to the maturity issue, there is no legal definition of mature vs. maturing and he feels the intent of the ordinance is to preserve views that were mair�tained when a person purchased a properiy. He stated that mature can be defined as grawing or done with growth or a certain age. He stated that their request is that the Committee rule on this matter as it did a# its last meeting to restore their view. Judith Hassoldt, 15 Portuguese Bend Road addressed the Committee stating that the olive trees were given to the original pmperty owrier when they purchased th�ir pro�eriy in 1937 and she feels they are mature. She further staled that she feels the City shau�d requir� an arborist report and a location map of the trees before the Committee rnakes a determination on this case and she feels amateur photographs are unacce�table. She provided examples of the reports they su�mitted in connection ta another unrelated case. She stated that she also feels the trees are mature and�hould be exernpt from action. William Hassaldt, 15 Portuguese Bend Road adsiressed the Committee stating that he feels the olive trees and two eucalyptus trees are a minimum of 60 years old and should be considered mature and exempted from ac#ion. He further sta.ted that he does nat feel there was a view in 2009 when t�e Nuccions purchased the property and that the trees were trimmed to create the view they established as the�009 view. He stated that he does not feel there are 11 trees in the view but rather only 7 trees. Steve Nuccion addressed the Commitkee in response to tY�e Hassoldt's comments stating the there is no Minutes Committee on Trees and Views OS-14-15 -2- proof that they did not have a view when they purchased theix pxoperty and feels they have submitted sufficient evidence to support their claim ta have the�iew restored. Mr. Hassoldt suggested that an arborist be engaged to determine if the trees were mature or maturing in 2009 and that this matter be continued. Richaz�d Colyear, 35 Crest Road West addressed the Committee stating that the Municipal Code clearly exempts mature tt�es arid an arboaist could determine that the trees are mature and thus should be exempted from action. Ken Pickar, 11 Bowie Road address�d the Planning Commission to ask far c�arification as to whether or not the view existed when the Nuccions purchased the property. In response, Chairpersan Smith stated that evidence was submitted to indicate that the view existed when the Nuccions purchased the property. The Committee began its deliberation on this matter. Committee Member Crray comrnented that mature vs. maturing is difficixlt determination to make and he feels that in its prior deliberation he feels that the determinatian tha�the Committee came to was minor and will not adversely affect the trees, but the point about mature vs. maiuring is a valid point and he feels an independent arborist should be engaged to help make that determination, Cammittee Member Chelf commented that it is a difficult situation to address and he feels the maintenance, especially to the olive tress is minor and should have beezz done all along. He concurred that an independent arborist should be consulted. Discussion ensued concerning the defmition of mature vs. maturing. Assistant City Attorney Coates stated tha�there are a variety of definitions within the arborist profession as to wha.t mature or maturing means wit.�regaird to tree growth and height range is just one way that measure maturity. Chairperson Smith commented that she feels this is a fairly simple case and doesn't want to delay it, but �hat she also feels that an indeperident arborist should be consulted to deterrnine the maturity of t�e trees. -� Furthe�r discussion ensued conceming the maturity of the trees with the Committee concurring that an independent arborist should be consulted to determine whether or not the trees were mature in 2009. The Committee also concurred that a survey and tree plot plan are not necessary in this case given its simplicity. Discussion ensued concerning how the cost for�he arborist would be paid. Planning Director Schwartz stated that the complainant would typically pay such cos�s as it is their responsibility to provide sufficient evidence but that the City would typically select the arborist. The Committee expressed concern about incurring additional cast upon the applicant. Assistant City Attorney Coates stated that another option would be to ask the City Council for approvaI for the City to incur those cos#s. Following further discussion, Committee Member Chelf s�xggested that the cost for the independent arborist be split between the complainant and the tree owner. Following brief discussion,the Committee concurred that it wauld rnake sense to split the cost between fihe complainant and the tree owner. Committee Member Chelf moved that the Committee direct staff to select and r�ta.ir� an independent arborist to be given access to the property at 15 Portuguese Bend Road in order determine the maturity of the trees with the cost to be paid 50% by the complainant and 50% by the property owner. Committee Memb�r Gray seconded the motion which carried without objection. The pubiic hearing was continued. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA None. ADJOURNMENT Hearing no further business before the Committee, Chairpersan Smith adjourned the meeting at 6:25 p.m. to an adjourned meeting of the Rolling Hil�s Planning Commission Committee on Trees and Views scheduled to be held on Tuesda.y, July 7, 2015 beginning at 5:30 p.m. in the Council Chamber at City Hali, 2 Partuguese Bend Road,R�lling Hills, California. Minutes Committee on Trees a.nd Views OS-14-15 _3_ Respectfully submitted, ���°� eR� ,� � � � � ���__--__.�-_��� Heidi Luce City Clerk Approved, �� _.� Ji11,V. Smith ' Chairperson Minutes Cornrnittee on Trees and�Iiews OS-14-15 -4-