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VRC MINS 20020620 APPROVED • 10/ /02 VIEW RESTORATION COMMISSION REGULAR MEETING June 20, 2002 Chairman Alberio called the meeting to order at 7:00 p.m. at Fred Hesse Community Park, 30940 Hawthorne Boulevard. The Pledge of Allegiance followed, led by John Alvarez. Present: Chairman Alberio, Commissioners De Moraes, Drages, Dyda Franklin, Iseda, Absent: Vice Chairman Slayden and Commissioner Weber were absent (excused). Also present was Project Coordinators Trayci Nelson and John Alvarez. APPROVAL OF AGENDA Project Coordinator Nelson noted a correction and stated that the Minutes of June 6, 2002 will be placed on the August 1, 2002 Agenda. Commissioner Dyda moved to approve the agenda as amended, seconded by De Moraes. There being no objection, the Agenda was approved (6-0). COMMUNICATIONS Project Coordinator Nelson distributed the following items regarding VRP No. 59; a maintenance schedule review dated June 20, 2002, a memorandum and a hard copy document of the Powerpoint presentation being viewed at the hearing. CONSENT CALENDAR: NONE CONTINUED BUSINESS: 1. VIEW RESTORATION PERMIT NO. 59: Mr. Stefano Finazzo, 2175 Rockinghorse Road. Chairman Alberio recused himself from this hearing as he lives within 300 feet of said properties. Project Coordinator Nelson summarized the history of View Restoration Permit No. 59. and gave Staffs recommendations for the maintenance trimming of Resolution No. 2000-01. She stated three trees were in question; VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 1 of 6 0 0 the Ash, the Macadamia Nut, and the Mock Pear tree. The original application was approved by the VRC in July of 2000. Staff had noticed the item for a public hearing so the VRC could hear the item tonight should the Commission choose to take action. Project Coordinator Nelson indicated that if the Commission determined that a public hearing to amend the conditions should be held then the changes would be memorialized by minute order. She concluded her report with a PowerPoint presentation. The Commission and Staff discussed the trimming schedule and discussed whether the Commission was required to do an initial site visit before hearing a maintenance review case. Project Coordinator Nelson clarified that each Commissioner must visit the site in order to review the Maintenance Trimming Schedule of VRP No. 59. Commissioner Dyda did not agree and directed Staff to have the City Attorney clarify if 1) making changes to the conditions of approval that are outside of the scope of the maintenance schedule means changes to the permit and therefore, would constitute a new permit with new resolution and not a minute order and 2) all Commissioners need to visit the site on a maintenance review. Commissioner Franklin requested that Staff come back with a written Staff Report for the Commissions review. Commissioner Dyda moved that the current trimming schedule is not appropriate for the Mock Pear tree, but is appropriate for the other trees, seconded by Commissioner De Moraes. (5-0-1) Commissioner Dyda moved to continue the review of the maintenance schedule for VRP No. 59 to the September 19, 2002 hearing, seconded by Commissioner Drages. (5-0-1) PUBLIC HEARINGS: 2. VIEW RESTORATION PERMIT NO. 112: Mr. Ray Cobb, 2459 Rue Le Charlene, and Ms. Joanne Babros, 2455 Rue Le Charlene. Commissioner Dyda recused himself from this hearing. A roll call was taken to see which Commissioners had visited the site. Commissioner Dyda was recused as he had attended the Pre-application meeting. VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 2 of 6 0 0 . Chairman Alberio moved to open the public hearing seconded by Commissioner Franklin. There being no objection the public hearing was opened. Project Coordinator Nelson presented the Staff report. She explained the history of the case, discussing the applicant's request, the foliage owner's concerns, and Staff's recommendations as presented in the report. She concluded by stating that Staff recommended denying the request to trim, lace and/or remove three trees on property located at 2462 Rue Le Charlene because there is not significant view impairment. The Commission and Staff discussed the Staff Report. Mr. Ray Cobb (applicant), 2459 Rue Le Charlene, stated that he had gone through the View Restoration pre-application process. He continued, stating the foliage owner wanted to wait until November of last year to do the trimming. The tree trimming was completed in November, but the trees were not trimmed satisfactorily. Mr. Cobb explained that he thought a preliminary agreement had been reached at the pre-application meeting. However, neighbors would not sign it. He submitted a declaration along with pictures of the view. He further stated that he never saw the tree trimmers trim the pine trees. Ms. Joanne Babros (applicant), 2455 Rue Le Charlene, stated that she is not sure if the foliage owner has done any trimming to the trees in question but if the trees were trimmed, it has not been adequate to improve the view. Chairman Alberio moved to close the public hearing seconded by De Moraes. Commissioner De Moraes stated that he agrees with the Staff Report and the findings indicated by Staff. All other Commissioners believed that the view was significantly impaired and discussed various issues contained in Staffs report including various possibilities to trim the trees in order to restore the applicant's view. The Commission and Staff discussed the specific height the trees should be trimmed to for the wording in the resolution. In response to the Commission's concerns, Project Coordinator Nelson stated that the Resolution must state a specific reference point for the tree trimming, so that the condition can be enforced in practice. Commissioner Franklin stated that we should include language from condition of approval numbers one and two. VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 3 of 6 0 0 Project Coordinator Nelson requested that the resolution for VRP No. 112 be continued and brought back to the August 1, 2002 meeting due to the number of changes to the resolution. Commissioner Franklin moved to approve VRP No. 112 to trim, lace and or remove three trees on property located at 2462 Rue Le Charlene, as amended seconded by Commissioner Iseda. (5-0-1) Commissioner Drages moved to continue the adoption of Resolution No. 2002-06 due to extensive changes to the resolution to the August 1, 2002 meeting, seconded by Commissioner Dyda. (5-0-1) Chairman Alberio moved to recess the meeting for a fifteen minute break, seconded by Commissioner Dyda. The meeting was recessed at 9:30 p.m. and reconvened at 9:45 pm. 3. VIEW RESTORATION PERMIT NO. 122: Mr. And Mrs. Walter Wey, 28113 Ambergate Drive, Mr. And Mrs. Nam Cho, 28819 Ambergate Drive. A roll call was taken to see which Commissioners had visited the site. Commissioner Dyda was recused from this hearing. Commissioner Iseda moved to open the public hearing seconded by Commissioner Drages. Project Coordinator Nelson presented the Staff report. She stated that Staff recommended that the Commission approve the request to trim several trees on property located at 6905 Cherty Drive. Project Coordinator Nelson presented the Staff report. She stated that 5 trees (2 cypress, 1 Aleppo Pines, 1 Monterey Pine, 1 Pittosporum and 1 Brazilian Pepper tree) significantly impair the applicant's view and are located at 6905 Cherty Drive. Project Coordinator Nelson concluded by stating that Staff recommends trimming of the trees in order to restore the applicant's view. Project Coordinator Nelson made a correction to the table on page 3 of the Staff Report, and clarified that 2 trees referenced in table one on page 3 were not labeled correctly. The Pittosporum is in front and the Monterey Pine is behind. They are reversed in the report. Mr. Walter Wey, (applicant) 28113 Ambergate Drive, distributed a hand out which included photographs and a street chart. He stated that the foliage located at 6905 Cherty Drive significantly impairs views from several properties on Ambergate Drive as well as 6914 and 6922 Brookhurst Drive . He described the VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 4 of 6 • procedures he had taken with his neighbors to go through the View Restoration Process. He stated from his property the viewing area includes the Santa Barbara Islands, Channel Islands and Santa Monica Islands. He stated that several trees on the foliage owner's property significantly impair his view. He further stated the tree owners do not have a privacy issue. Mr. Wey discussed the details of the photographs submitted in the hand out. Mr. Wey concluded by stating that he felt trimming must be required by the foliage owner in order to restore his view. Ms. Ann Stone, (neighbor) 28125 Ambergate Drive, stated that she was one of the original applicants of VRP No. 112 but is not one of the two official applicants because Staff recommended that only two applicants with the most significant view impairment apply. She further stated there are an additional eight homeowners on Brookhurst Drive whose views are also impacted. Ms. Stone further stated that the trees impair her view, and felt her view issues were relevant to the permit. She expressed concerns that if the trees were trimmed to the level recommended by Staff that the trees would still impair views from her and the applicants' properties. Mr. Arturo Zaldivar (neighbor) 6922 Brookwood Drive, presented photographs to the Commission. He stated that he should be able to enjoy a view of the ocean but cannot because the Foliage Owner's trees are obstructing his view. Mr. Robert Steinhauer (foliage owner) 6905 Cherty Drive, spoke in opposition to the recommendations presented in the Staff Report. He questioned several of Staffs findings and noted that two trees were mislabeled in the Staff Report. He requested that the pad level indicated in the Staff Report be referenced correctly and the tree labels be corrected in the report. He also expressed concerns with the leniency of the initial trimming period. Mr. Steinhauer further stated that the memorandum from the arborist in the Staff report identified 3 Cypress trees, but there are really only 2 Cypress trees. Mr. Steinhauer requested that these changes be made to the Staff report. In response to the Foliage Owners concerns, Project Coordinator Nelson clarified that there are only two Cypress trees, not three. Project Coordinator Nelson also clarified that it was the decision of all original applicants to remove themselves after Staff presented them with the case processing fees. Commissioner Iseda moved to close the public hearing seconded by Commissioner Franklin. (5-0-1) The Commission and Staff discussed the scheduling of tree trimming in the dormant months (October through March). Commissioner Franklin discussed the trees that were significantly impairing the applicant's view. VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 5 of 6 . • • The Commission and Staff discussed the best method of defining the applicants' view frame, possibilities of future view impairment, and discussed the best way to word this in the resolution. Project Coordinator Nelson suggested adding a condition to the resolution, which would state that any other tree that exceeds the Cho property should be brought down to the level of the pad. Commissioner Iseda moved to approve VRP No. 122 to trim, lace and, or remove trees on property located at 6905 Cherty Drive to the level of the Cho pad level, seconded by Drages. (5-0-1) Project Coordinator Nelson requested that Resolution No. 2002- 05 be continued and brought back to the August 1, 2002 meeting due to the number of changes to the resolution. Commissioner Franklin moved to continue the adoption of Resolution 2002-05 to the August 1, 2002 meeting seconded by Commissioner De Moraes. NEW BUSINESS: None ITEMS TO BE PLACED ON FUTURE AGENDAS: Project Coordinator Nelson stated that the View Restoration Guidelines Revisions would be placed on the August 15, 2002 Agenda. COMMENTS FROM THE AUDIENCE (regarding non-agenda items): NONE ADJOURNMENT: Commissioner Dyda moved to adjourn, seconded by Commissioner Iseda. The meeting was duly adjourned at 10:00 P.M. to Thursday, August 1, 2002 at 7:00 P.M. at Hesse Park. VIEW RESTORATION COMMISSION MINUTES JUNE 20, 2002 Page 6 of 6