VRC MINS 20011101 Appro d 11/15/01
VIEW RESTORATION COMMISSION
REGULAR MEETING
November 1, 2001
Chairman Alberio called the meeting to order at 6:59 pm at Fred Hesse
Community Center, 29031 Hawthorne Boulevard. The Pledge of Allegiance
followed, led by Commissioner Ginise.
Present: Chairman Alberio, Vice-Chairman Slayden, Commissioner Drages,
Commissioner Franklin, Commissioner Monks, Commissioner De
Moraes, and Commissioners Dyda, Commissioner Ginise, and
Commissioner Weber, Project Coordinator Steven D. Jones and
Recording Secretary William H. Butler Jr.
Absent: Commissioner Iseda.
APPROVAL OF AGENDA
Commissioner Dyda moved to approve the Agenda as presented, seconded
by Commissioner Franklin. There being no objection, the Agenda was
approved.
COMMUNICATIONS
Staff: Project Coordinator Steven D. Jones communicated that VRP #114
and Commissioner Dyda's memo be continued to the November
15, 2001 VRC meeting.
Commission: Commissioner Franklin made a motion not to continue
Commissioner Dyda's memo to the November 15, 2001 VRC
meeting, seconded by Commissioner Dyda. Motion carried (7-0).
CONSENT CALENDAR:
1. MINUTES OF September 20, 2001.
2. MINUTES OF October 1, 2001.
Commissioner Dyda moved to approve the minutes as amended,
seconded by Commissioner Franklin.
CONTINUED BUSINESS: NONE
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November 1, 2001
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PUBLIC HEARING VIEW RESTORATION PERMIT NO. 110: Mr. and Mrs.,
Walter Wey, 281113 Ambergate Drive. (SJ).
Project Coordinator Steven D. Jones presented the staff report and
background history of VRP #110.
Commissioner Franklin stated he had a rebuttal to something said by staff,
which was "the commission has no authority to require trimming below the
lower of the ridgeline or 16 foot level", he also stated that it should be duly
noted.
Commissioner Dyda made a motion to open the public hearing,
seconded by Commissioner Weber. Motion carried (7-0).
Applicant Walter Wey stated that the staff report provided a good
summary of the view issue and he concurred with staffs
recommendations. Mr. Wey also stated that he believed that no privacy
issues existed and thanked the foliage owners for the trimming that they
had done to date.
Foliage Owner Vincent Pavelock stated he had planned to tie the willow
trees down, keep the oleanders trimmed, and preserve and save the
Eucalyptus. Mr. Pavelock also presented computer-enhanced pictures that
showed before and after trimming images.
Applicant rebuttal: Walter Wey stated that if the Eucalyptus stayed
trimmed, the crown did not impede the ocean view. He continued on that
all he has asked for is that the willow trees remain trimmed.
Commissioner Dyda made a motion to close the public hearing,
seconded by Commissioner Drages. Motion carried (7- 0).
A roll call was taken to see which Commissioners had made site visits:
Chair Alberio, Commissioner Slayden, Commissioner Drages,
Commissioner Franklin both sites, Commissioner Monks, Commissioners
De Moraes, Commissioner Dyda, Commissioner Ginise and
Commissioner Weber had all visited the sites.
Commissioner Slayden asked staff if there was a limitation on the number
of people who could vote.
Commissioner Dyda stated there could be up to seven voting, with an
alternate having the ability to vote if one of the seven regular
commissioners was not in attendance.
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November 1, 2001
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Commissioner De Moraes stated the need for clarification on the
responsibility to discuss anything that was below 16 feet. He stated that he
was not clear if that was an issue that should have been addressed
because the chain link feet is at 13 feet and 16 feet or the ridgeline is the
guideline.
Commissioner Dyda stated that the question on this particular home
design depended on what they judged to be the ridgeline. He also stated
that the original house had a level ridgeline, and the addition had a peak
that was just less than 16 feet. He questioned if the peak was the
ridgeline.
Commissioner Slayden stated that he questioned the statement because
the ridgeline was permanent, and that it was at acceptable city limits.
Commissioner Monks stated he had a lot of trouble with staffs
recommendation with regards to trimming down to a height that did not
exceed the pad level of the applicant's property. He also stated that they
needed to deal with the ordinance that stated 16 feet or the ridgeline. He
continued on that the commission didn't have the authority to order foliage
to be trimmed below 16 feet or the ridgeline.
Commissioner Franklin suggested that the ridgeline was difficult to nail
down. He also stated that the ridgeline height be equivalent to the height
of the fence, being average of all the options available.
Commissioner Dyda stated that he heard testimony that some tress had
been planted after the ordinance went into effect in 1989. He also
questioned whether those particular trees were subject to View
Preservation as opposed to View Restoration.
Project Coordinator Jones explained that photographic documentation
was needed when opening a view preservation case; he also stated that
the guidelines specify that.
Commissioner Dyda made a motion to modify Exhibit "A" item
number one, to read as follows: Raise the bottom of the crown to a
height above far horizon. Seconded by Commissioner Franklin.
Motion carried (7- 0).
Commissioner Dyda made a motion to modify Exhibit "A" items two
and three to read: Train down and/or trim down the willow tree to a
height not to exceed the three foot chain link fence on the applicant'
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November 1, 2001
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s property consistent with the primary ridgeline. Seconded by
Commissioner Alberio. Motion failed (3- 4).
Commission Discussion
Commissioner Slayden made a motion to modify Exhibit "A", items 2
& 3 to read as follows: Trim the height of the two willow trees not to
exceed three feet above the three foot chain link fence on the
applicant's property. Seconded by Commissioner Franklin. Motion
failed (3—4).
Commissioner Slayden made a motion to accept the
recommendation of the staff as revised, seconded by Commissioner
Dyda. Motion carried (7 — 0).
Commission Discussion
Commissioner Dyda made a motion to amend the language of
Exhibit "A", paragraph 14 to be consistent with what had been used
in the past, seconded by Chair Alberio. Motion carried (7- 0).
Commissioner Dyda made a motion to modify paragraphs two, three
and four of exhibit "A" to say train and /or trim to maintain a height
not to exceed three feet, seconded by Commissioner Monks. Motion
carried (7 — 0).
Commissioner Dyda made a motion to adopt the resolution with the
approved amended conditions, seconded by Commissioner Franklin.
Motion carried (5 —2).
RECESS AND RECONVENE:
At 9:08 P.M. the View Restoration Commission took a short recess until
9:27 P.M. at which time they reconvened.
Commissioner Slayden made a motion to continue VRP #114 to
November 15, 2001 VRC meeting, seconded by Commissioner Dyda.
Motion carried (7- 0).
Commissioner Dyda stated that he noticed certain administrative time
constraints applied to the foliage owners, but those same time constraints
didn't seem to apply to the applicant. He also stated that both parties
should have the same time constraints.
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November 1, 2001
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Commissioner Franklin stated changes to Commissioner Dyda's memo.
Commissioner Franklin made a motion to present the
Clarification/Revision memo recommendation as amended to the
City Council for their consideration as a change to the guidelines,
seconded by Commissioner Dyda. Motion carried (7- 0).
Commissioner Drages stated that the old status logs provided more
information.
Commissioner Dyda made a motion to order staff to return to the old
status log database, seconded by Commissioner Drages. Motion
carried (7 - 0).
Commissioner Drages stated that nine members had sat in on the public
hearing, and she wanted to know if that was legal.
Commissioner Dyda stated that alternates may have a voice but not a
vote.
Commissioner Weber asked why alternates can speak and participate but
not have the ability to vote. He also stated that the commission should be
clear about the definitions of the guidelines & procedures.
ITEMS TO BE PLACED ON FUTURE AGENDAS:
Staff: NONE
Commission: NONE
COMMENTS FROM THE AUDIENCE
(Regarding non-agenda items): NONE
ADJOURNMENT: 9:50 PM
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November 1, 2001
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