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5.1.4 View Protection Ordinance Item 5.2 • 5.2 Proposed Draft Ordinance Amending Title 5 (Public Morals, Welfare and Conduct)with Regard to View and Sunlight Obstruction from Trees Mayor Fenwick noted that following the Public Hearing and review by Council of the proposed view and sunlight protection ordinance at the Regular City Council Meeting of May 1, 2003, Council directed staff to make the requested changes and return with the revised proposed ordinance. Planning Director Carl Cahill summed up the changes that had been made to the proposed ordinance. They included: (1) the inclusion of a provision for retroactivity in order to allow persons to preserve views or sunlight, which existed at any time since they purchased the property or up to 15 years prior to adoption of this ordinance, whichever is less, from unreasonable obstruction by the growth of trees; (2) revise ordinance text from "complaining party" to "initiating party"; (3) change "businesses" to "institutions"; (4) include provisions with regard to timing of tree removal and nesting birds; and (5) revise the section on conservation easements to protect naturally occurring native tree species within conservation easements. Mayor Fenwick expressed his pleasure with the favorable public response to the view protection ordinance. He added that the final draft ordinance is reasonable and he will support its adoption. OPENED PUBLIC HEARING Jim Abraham, 12831 Viscaino Road, stated his concern that Council had not set the time the property was purchased as the retroactivity point for the preservation of views. Abraham stated that this was the majority opinion that was voiced at the previous public hearing. Abraham added he would like the undesirable tree section to be amended to include redwood trees. Charles Simmons, 26350 Esperanza Drive, voiced his concern about people who purchased their property with trees and could now be forced to remove these trees. Simmons noted that on his property trees provide privacy and mitigation of unsightly views. He is concerned that the rights of the person with the view are being given more weight than the property owner with trees. Mark Scheible, 26946 Dezahara, thanked Council for tackling this problem and would like to commend them for a good ordinance. Scheible would like to see the addition of a provision that addresses the removal or clearing of scrub oaks, particularly in a conservation easement. Kathy Scheible, 26945 Dezahara, explained her property is inundated with scrub oaks in a conservation easement whose size according to the ordinance does not permit clearing. She is concerned about scrub oaks that are growing closely together and form a compact • hedge. 5 City Council Meeting Minutes May 15,2003