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CC MINS 19980421 ADJMINUTES RANCHO PALOS VERDES CITY COUNCIL ADJOURNED REGULAR MEETING APRIL 21, 1998 The meeting was called to order at 5:38 PM by Mayor Ferraro at the Fred Hesse Community Park, Fireside Room, 29301 Hawthorne Boulevard. Roll call was answered as follows: PRESENT: Hollingsworth, Lyon, McTaggart, Mayor Ferraro ABSENT: Byrd Also present were City Manager Paul Bussey; Assistant City Manager Carolynn Petru; City Attorney Carol Lynch; Acting Director of Planning, Building & Code Enforcement Joel Rojas; Director of Administrative Services /City Clerk Jo Purcell; Project Coordinator Trayci Nelson; and, Recording Secretary Jackie Drasco. PUBLIC HEARING: Appeal to View Restoration Permit No. 42. Appellants: Mr. & Mrs. Kean Hamilton, et al. Foliage Owners: Mr. & Mrs. Daniel Yang, et al (1203 X 1806) Ms. Nelson presented the staff report of April 21, 1998 and the recommendation to adopt the proposed resolution affirming the decision of the View Restoration Commission and approving View Restoration Permit No. 42 upon finding that all applicable findings have been correctly made and all provisos of section 17.02.040(c)(2) have been complied with. Ms. Nelson explained the history and complexity of this application and pointed out and corrected some typographical errors in the staff report and she discussed the compromise offered by Mr. Yang. Daniel Yang, 3511 Bendigo Drive, described his frustration and lack of faith in the process and stressed that his goal was to maintain privacy and summarized his position on what trees should be removed and /or laced as illustrated on the chart which he had prepared. He further explained that the degree of trimming would, in some cases, destroy the trees. The Council suggested that these particular trees might be candidates for replacement rather than trimming. Mr. Yang was concerned that the replacement trees would be very small and asked why the applicant was required to present only one estimate for tree trimming. Staff clarified that the replacement trees had to be at least a 15- gallon size and explained that the new guidelines reduced the requirement for three estimates to one because of the expense involved with obtaining estimates and added that the applicant could provide estimates if so desired. Mr. Yang countered that he had received five bids at no cost. George Boss, 3519 Bendigo Drive, explained that he had missed previous hearings because of back surgery and did not want his absence to be construed as lack of interest. He reported that he had trimmed his trees in the past and did not wish to be penalized for being a good neighbor in the past. Mr. Boss urged the Council to uphold the decision of the View Restoration Thomas McFadden, 30731 Ganado Drive stated that the View Restoration Commission had studied this very complex situation very carefully for months and he believed that its decision should remain intact. He felt to do otherwise would undercut the Commission's authority and that a compromise would be contrary to the Municipal Code. Monica McFadden, 30731 Ganado Drive, believed that the View Restoration Commission had performed a thorough investigation, including visiting each property, and explained that privacy had been considered. She concluded by urging the Council to uphold the decision of the Commission which would restore her 1993 view. Kean Hamilton, 30747 Ganado Drive, informed the Council that he had lived in his home since 1967 and presented photographs of the view existing at that time. He described what he called futile meetings with Mr. Yang and Mr. Boss, expressed his agreement with the View Restoration Commission, and stated that he believed all aspects of the situation had been considered, including privacy and foliage replacement. Felix Krasovec, 30741 Ganado Drive, presented one year old photographs showing his view and stated that the view has already been decreased since the photos were taken. He explained that these were intended to be view homes, built at an offset to take advantage of the views. He indicated that the view plane was not flat as shown in Mr. City Council Minutes Adjourned Mtg. April 21, 1998 Page 2 Yang's diagram, and that there was room for trees to grow on certain areas of the Yang property which would not affect his view. Mr. Krasovec said at the present time there were so many trees that it created a forest and they could be trimmed and replaced so that he could restore his view and his neighbors could have their privacy. Kathy Snell, city resident, questioned the authority of the Council and described a situation in which the City Council had authorized the planting of trees which have been eroding her view. Lois Larue, 3136 Barkentine Road, announced that she had received a phone call from a concerned citizen who believed the View Permit appeal hearings should be televised. Speaking in rebuttal, Mr. Yang disagreed that trees were plentiful only on his property. He believed that only very small trees would be offered as replacements and that his rights were not being protected. Mr. Boss remarked that the very tall pine trees in question would have to be cut in half to comply and that this was not acceptable. He was agreeable to replacement trees that he would not have to trim every couple of years. Mr. Hamilton agreed that views could be enhanced and that there could still be privacy. Mr. Yang explained his diagram again, and agreed that the properties were at different levels. Mr. Krasovec described that he called a "picket fence" effect, meaning that the residence looking at the trees from a slanted angle had more view obstruction and said that he did not believe there was a basis for an appeal. In response to Council's inquiry, Staff clarified that the new guidelines stressed replacement and that this case had been begun before those guidelines were in place but that certainly the foliage owner always had that option. Council discussion focused on the fact that the tract was apparently intended to be comprised of view homes and that the trees offered values to the residences also. Replacement was seen as good compromise. Mr. Yang indicated that he had submitted a compromise and would be willing to be more flexible if an agreement could be reached at this meeting. The Council believed that more study was needed and Staff agreed to consult an City Council Minutes Adjourned Mtg. April 21, 1998 Page 3 arborist for an opinion as to replacement trees. Mr. Yang said that, in that case, he would withdraw his compromise offer. The Council understood but indicated that they would still like to use the information he provided in his compromise offer as reference. By consensus, the Council continued the item to May 19 to be heard right after the Consent Calendar and asked Staff to provide the staff report a full week before that date in order to provide ample time for all parties to study the facts carefully. ADJOURNMENT: At 7:05 P.M. the hearing was adjourned on motion of Mayor Ferraro. ATTEST: 1� t CITY CLERK N INUTES \042198AD.MIN City Council Minutes Adjourned Mtg. April 21, 1998 Page 4