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VRC MINS 20010315 t i• 11 IIII Approved May 3, 2001 VIEW RESTORATION COMMISSION bei/ REGULAR MEETING MARCH 15, 2001 The meeting was called to order by Chairman Alberio at 7:06 P.M. at Fred Hesse Community Building, 29301 Hawthorne Boulevard. The Pledge of Allegiance followed, led by Director of Planning, Building and Code Enforcement Joel Rojas. Present: Commissioners Drages, Dyda, Franklin, Monks, Weber, Vice- Chairman Slayden, and Chairman Alberio. Absent: Commissioner Iseda was absent (excused). Also present were Director of Planning, Building and Code Enforcement Joel Rojas, Project Coordinator Jones, and Recording Secretary Yeaman. APPROVAL OF AGENDA: Chairman Alberio moved to approve the Agenda as presented, seconded by Commissioner Dyda. There being no objection, the Agenda was approved (7-0). COMMUNICATIONS: Staff: Recording Secretary Yeaman distributed the correspondence that was submitted by the Tilley's (foliage owner of VRP No. 81) and was not included in the staff report. Commission: None CONSENT CALENDAR: 1. MINUTES OF MARCH 1, 2001 Commissioner Drages noted several typographical errors. Vice-Chairman Slayden moved to approve the Minutes as amended, seconded by Commissioner Dyda. 2. DRAFT RESOLUTION AND MAINTENANCE AGREEMENT CTRP NO. 78 Commissioner Drages stated that she felt to trim the pine tree on an annual basis is too much. She recommended that the trimming be done every two years instead. She also asked staff if trimming on an annual basis is normal for a pine tree. VIEW RESTORATION COMMISSION MINUTES MARCH 15, 2001 Page 1 of10 i r • • Director Rojas responded that an annual trimming schedule is normal. He also stated that the Commission could not hear public testimony on this item without noticing it and re-opening the public hearing. Commissioner Franklin suggested that there be clarifications made to the resolution. He recommended that language consisting of the Development Code be added to clarify that the applicants of the CTRP No. 78 bear the cost of the trimming of the pine and the removal of the other two trees, while the adopter pay for all subsequent trimming. If the cost of trimming the pine tree is more than the cost to remove it the adopter will pay the difference. The Commission discussed Commissioner Franklin's recommendation in length. Commissioner Franklin put his recommendation in form of a motion. Commissioner Franklin moved to approve the motion, seconded by Commissioner Weber. Motion carried (6-0-1) with Commissioner Dyda abstaining as he was recused. Chairman Alberio clarified that the contractor, as per the code, must be licensed and bonded. Chairman Alberio asked to hear any speakers on the item. Jo Ann Berglund (applicant) CTRP No. 78, stated that the resolution states exactly what she remembers was agreed upon and voted on at the public hearing. Paul Berglund (applicant) CTRP No. 78, stated that it was a mistake to plant the non-official trees and he believed that the trees should be removed and official City street trees should be planted in their place. Edward Murphy (applicant) CTRP No. 78, stated that the covenant says that the adoption can be abandoned by the City at any time. He also stated that he did not agree with the Resolution adoption process. Chairman Alberio asked Director Rojas if the City has had any problems with the City abandoning covenants in the past. In response, Director Rojas stated that the City has had no problems with breached or abandoned covenants. Donald Wildasinn (adopter) CTRP No. 78, stated that he and his wife were very pleased with the decision made by the Commission. He stated that the pine tree has been drastically laced in the past two years and he is concerned that if a lot more lacing is done in a short amount of time it will risk the life of the tree. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 2 of 10 Y411 • Commissioner Franklin stated that the trimming and lacing is going to be done under the guidance of the City arborist and she will determine what trimming and lacing the tree can sustain. Mr. Wildasinn (adopter) CTRP No. 78, stated that he would like to adopt the other tree abutting Mr. Doner's property as well because he does not want it removed. Commissioner Dyda states that the decision has already been made and if Mr. Wildasinn does not agree with the decision made by the Commission he can appeal the decision to the City Council. Chairman Alberio moved to adopt the resolution and covenant as amended, seconded by Commissioner Franklin. Motion carried (6-0-1) with Commissioner Dyda abstaining as he was recused. CONTINUED BUSINESS: NO ITEMS PUBLIC HEARINGS: 3. VIEW RESTORATION PERMIT NO. 81: Mr. and Mrs. Robert Shahnazarian, 6 Headland Drive Project Coordinator Jones presented the Staff report. He explained the history of the case, discussing the applicant's request, the foliage owners declining to meet for a pre-application meeting, and Staffs recommendations as presented in the written Staff report. He indicated that Dave Hayes, the City arborist, has confirmed that the three Aleppo pines could withstand the recommended trimming. He concluded by stating that Staff felt that there was adequate evidence to support the five findings that are necessary to approve the case. A roll call was taken to see which Commissioners had visited the site. Commissioners Drages, Franklin, Monks, Dyda, Weber, Vice-Chairman Slayden, and Chairman Alberio stated that they had visited the site. Vice-Chairman Slayden moved to open the public hearing, seconded by Commissioner Dyda. Robert Shahnazarian (applicant), 6 Headland Drive, stated that this is a straight- forward case and he just wants his view back. He referred to a letter that he had submitted regarding his concerns. He also stated that he is willing to compromise. He stated that he would prefer that the pines be removed, but if the crown on all three pines is raised to 25' that would be satisfactory. Chairman Alberio asked Mr. Shahnazarian if he had participated in the early neighbor consultation process with the Tilley's. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 3 of 10 • In response, Mr. Shahnazarian stated that he has tried to work out the problem with the Tilley's that the Tilley's declined to attend a pre-application meeting. Commissioner Drages stated that she didn't feel that trimming the number 3 pine would restore the view because there are trees behind it. In response, Mr. Shahnazarian stated that he is not aware of any tree(s) behind the number 3 pine. Bruce Tilley (foliage owner), 7 Headland Drive, presented a power point presentation while stating that he and his wife Hallie purchased their property because they liked the trees and the landscape and the tree added long term value to the property. They did not want to live in the concrete jungle of lower Los Angeles. He stated that the landscape provides noise insulation. He went on to state that the Shahnazarian's knew the view they had when they purchased their property. He believed that he should not have to create a view for the applicant when their view is blocked by foliage on their own property. He stated that the Oleander hedge is at most 12 feet high and will only require 2 feet of trimming. He also stated that he has no problem with cutting the Podocarpus tree to the roofline but he wants assurances that his garden below the Podocarpus tree would not be damaged. He stated that he also does not have a problem with cutting the Olive tree as long as it is laced and sculpted not just topped. He went on to state that they have a problem in regards to the Aleppo pines. He believed that raising the crown would destroy the aesthetic value of the trees and his property. He went on to state that removing the lower branches of the pines would only open up a view of their house and living area. He stated that there is a substantial amount of noise that comes from the Shahnazarian residence and the trees help insulate the noise. Mr. Tilley distributed a photo of his property dated 1977 and stated that in the photo the Aleppo pines look very mature and he believed that the trees were there at the time the lots were created. He also stated that they have made several attempts to be good neighbors. They have removed a Jacaranda tree and replaced it with a slow growing Podocarpus and have installed a trailer pad to park their horse trailer so it would not be in the Shahnazarian's view. He stated that they have also heavily laced the Aleppo pines. Commissioner Dyda asked Mr. Tilliey if when he bought the property he was notified by the owner or the relator of there being a view restoration case. Mr. Tilley responded that he was told that the Shahnazarian's would probably contact them regarding trimming the trees but he was not aware of any ordinance or any CC&R's on the property. Commissioner Drages asked Mr. Tilley what room the Shahnazarians could see into if the crown is raised and what he thought the Shahnazarians watch him do. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 4 of 10 II • i Mr. Tilley responded with the living room. He noted that he does not think that they spy on them but in the same sense he does not want to look out his window and see their house. He likes the seclusion and privacy of the property. Vice-Chairman Slayden asked Mr. Tilley if he objected to the hedge being trimmed to ten feet. Mr. Tilley responded that he doesn't have a problem with the ten foot height but he doesn't see why he should have to maintain the hedge at that height when the view is being blocked by foliage on the Shahnazarian property. Mrs. Tilley also responded that if the hedge is cut down to the ridgeline they will be able to look right into their neighbor's house to the south of them. She also stated that from their observation deck they will be able to see into the neighbor's house. Commission and Staff discussed whether the ridgeline should be considered the top of the skylights or the actual roofline. Commissioner Franklin suggested that the recommendation be that the foliage from the base of the tree to the ridgeline not be removed, just the foliage from the top of the ridgeline to the horizon. Mrs. Tilley stated that the Oleander hedge is just tall enough to block the applicant's view of their horse trailer not the harbor. She also states that they routinely have the hedge trimmed and that they keep the hedge just high enough to block their horse trailer from common view. Commissioner Weber asked Mr. Tilley which of the 1-6 recommendations made by staff, which does he agree with. Mr. Tilley responded that he does not have a problem with recommendation number six but he felt that cutting the Oleander hedge will not open up the view since it is blocked by foliage on the applicant's property. He agreed with recommendation number five as long as all the Podocarpus trees are trimmed, instead of just the one listed, because there is a row of them. He agreed with number four as long as the Olive tree is sculpted and not just topped. Numbers one, two, and three he did not agree with. Commissioner Weber stated that a view window could be created through the three Aleppo pines, which would dictate what needs to be trimmed to restore a view. He stated that not all of the foliage and branches from the ridgeline down to the base of the tree would have to be removed because that would only create a view of the Tilley's structure. He recommended grooming and shaping the VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 5 of 10 . . 9 0 remaining foliage and only lacing and removing the foliage between the ridgeline and the horizon. Mrs. Tilley stated that removing branches from the Aleppo pines would cause a City hazard because the branches and foliage balance the tree. She also stated that it would take away from the monetary value of the tree. She stated that she doesn't see why they should have to create a view for the applicants when they never had a view. She stated that the view they have now is the view they had when they bought the property Commissioner Weber asked the Tilley's if they would have a problem lacing the three Aleppo pines from their ridgeline (skylights) to the horizon. Mrs. Tilley responds that they would have a problem with that recommendation. Commissioner Franklin clarified that the View Restoration Ordinance specifies that the protected view is the view when the lot was created not the view you have when the property is purchased. Mr. Tilley stated that there is still an issue that has not been addressed. He stated that the Staff report did not clearly establish that the three Aleppo pines did not exist when the lot was created. Commissioner Dyda stated that even if the trees were there when the applicant's lot was created that they were more than likely not view impairment at that time. Director Rojas stated that when ascertaining the age of vegetation on a lot, Staff will go through grading reports and determine if mass grading was done at the time of lot creation. He also states that there was no vegetation in and around this area in 1957 when the lots where created. He stated that when a tract is created mass grading and clearing is done. Mrs. Tilley stated that there is no proof that the three Aleppo pines were not there when the lot was created. Chairman Alberio asked the Tilley's if they were willing to compromise in this case. Mr. Tilley responded that he would discuss compromise but he did not believe that the Staff report is accurate, that there are misunderstandings in the report, he did not agree with the recommendation, he felt that the trimming is going to lower his property value, and he believed that he has a right to protect his property value. He went on to state that they would be willing to entertain discussions. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 6 of 10 • Commissioner Dyda asked Chairman Alberio if he was recommending that the applicants and the foliage owners go back to the mediation stage. He also noted that the foliage owners refused to attend the pre-application meeting. Chairman Alberio stated that he was just trying to see if the foliage owners were willing to compromise. Mr. Tilley stated that the reason he declined to meet for the pre-application meeting was because he was not aware that the City had the power to abate his property and have trimming done whether he agreed or not. Commissioner Drages asked Mr. Tilley if he felt that the applicants view was not being impaired by his foliage. Mr. Tilley responded that the applicants knew the view that they had when they purchased the property. Commissioner Drages stated that the applicants bought their property as a view lot and therefore felt that they were entitled to a view. Mrs. Tilley responded that the Shahnazarian's are trying to increase and enlarge their view but that it is happening at their detriment. They should not be infringed upon and lose their noise insulation and privacy. Commissioner Drages asked the Tilley's if they had a suggestion as to how to resolve the matter. Mrs. Tilley said that the compromise that they are willing to make is to trim the Olive tree, trim the Podocarpus hedge, and keep the Oleander hedge trimmed at ten feet. She also stated that over the years the applicant's keep pushing for more trimming and that they don't ever stop. Commissioner Drages asked the Tilley's if the Oleander hedge is trimmed down would there be any tree behind it that would block the view. Mrs. Tilley stated that on their property there are no other trees, but there is an Aleppo pine on their neighbors property to the north. Chairman Alberio called Mr. Shahnazarian up for his rebuttal. In rebuttal, Mr. Shahnazarian stated that they would prefer the Aleppo pines be removed to provide him a unobstructed 180-degree view. He clarified that they would like all the hedges and trees trimmed to the ridgeline of the main structure not the skylight. He stated that they are willing to compromise and will be satisfied with the recommendation to raise the crown of the Aleppo pines. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 7 of 10 111 0 . He also stated that he is not going to keep wanting more and more he will be satisfied with Commission's determination. He stated that he just wanted to have a view from his viewing area above the hedges and below the Aleppo pines. Commissioner Franklin asked Mr. Shahnazarian if he had a problem with leaving the branches and foliage on the Aleppo pines that are below the ridgeline and in front of the house. Mr. Shahnazarian responded that, he has no problem leaving the foliage and branches in front of the house. He also stated that they can not see in the Tilley's living room. Mr. Tilley's stated that the skylights are not just skylights but part of the structure. He also stated that the leaning Aleppo pine is not falling over and it has been appraised for over $75,000.00 because of the unique leaning feature. Commissioner Franklin stated that he thought that it would be appropriate to trim the middle of the Aleppo pines trees and that the Staff recommendation for trees numbers 4, 5 and 6 be accepted. Commissioner Slayden stated that the Shahnazarians view is important. He also stated that he agreed with Commissioner Franklin's recommendation for the Aleppo pines and that Staff recommendation for trees numbers 4, 5 and 6 also be accepted. Chairman Alberio discussed the ordinance and the legality of it. He also stated that someone needed to make a motion. Commissioner Weber made a motion to amend the conditions of approval in exhibit B. Tree number 6 to be trimmed to the height of ten feet. Tree number 5 to be trimmed to the highest ridgeline (top of the structure). Tree number 4 to be trimmed to a height not to exceed the ridgeline or be removed if the City arborist believes it would not withstand the recommended trimming. For trees numbers 1,2 and 3 all limbs and foliage between the horizon line and the top of the highest ridgeline (parapet), as viewed from the applicants viewing area, shall be removed. He recommended that this be done on an annual basis. Vice-Chairman Slayden seconded the motion. Motion carried (7-0). Chairman Alberio explained the appeal period and fees. Mr. Shahnazarian stated that leaving all the branches and just removing the foliage will not restore his view. Commissioner Dyda clarified that only the main branches that are supporting the crown above the view window will remain. VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 8 of 10 1 • 0 0 Chairman Alberio closed the public hearing, seconded by Vice-Chairman Slayden. RECESS AND RECONVENE: At 9:35 P.M. the View Restoration Commission took a short recess until 9:50 P.M. at which time they reconvened. NEW BUSINESS: NO ITEMS ITEMS TO BE PLACED ON FUTURE AGENDAS: Chairman Alberio asked Staff about the status is on the tour of the Botanic Garden. Recording Secretary Yeaman responded that she had spoken with Director Rojas about the tour and had called the Botanic Gardens and learned that they will not provide a guided tour unless we have in excess of 20 people attending. She also stated that Staff was arranging for Dave Hayes, the Willdan Arborist, to tour the Commission through the site. Commissioner Franklin asked if the tour would be on the tram. Recording Secretary Yeaman responded that she did not know if the tram was available or if we would have to rent it. She stated that she would gather more information and report back to the Commission. Staff: Recording Secretary Yeaman informed the Commission that Dave Hayes, Willdan Arborist, will be attending the April 5, 2001 meeting to discuss methods of trimming and tree terminology. Commission: Commissioner Dyda asked that the discussion of his memo be put on the May 3, 2001 agenda because he will be absent from the April 5, 2001 Meeting. Commissioner Alberio discussed the Planners Institute in Monterey. He noted that he, Vice-Chairman Slayden, Commissioner Franklin, and Commissioner Weber will be attending at the end of March. Chairman Alberio and Vice-Chairman Slayden discussed their attendance at the Mayor's Breakfast. COMMENTS FROM THE AUDIENCE (regarding non-agenda items): NONE ADJOURNMENT: VIEW RESTORATION COMMISSION MINUTES MARCH 15,2001 Page 9 of 10 0 0 Chairman Alberio moved to adjourn, seconded by Commissioner Drages. The meeting was duly adjourned at 10:01 P.M. to Thursday April 5, 2001 at 7:00 P.M. at Hesse Park. 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