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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.
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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
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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.
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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-