Loading...
3350, Hassoldt/Nuccion - Request for, Application• eav 4 Rode>, qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 REQUEST FOR HEARING BEFORE THE COMMITTEE ON TREES AND VIEWS Following unsuccessful mediation, to request and proceed.to a hearing before the Committee on Trees and Views, the complainant must additionally submit the following: 1. Letter requesting a hearing before the Committee on Trees and Views. 2. An official record of when the current property owner acquired the property (such as a current title report) and "clear and convincing evidence" of the view that existed when the current property owner (as identified on a current title report) acquired the property. 3. Evidence that the impairing vegetation was "maturing" at the time the property was acquired. 4. Owner's Declaration (attached). 5. Certified Property Owner's List and three (3) sets of mailing labels for properties within 1,000 ft. radius from the exterior boundaries of the complainant's property. 6. Application Fee (per Resolution No. 1149). Review by Committee on Trees and Views $2,000 f-a` Processing fee Environmental Review Fees: Preparation and Staff Review of Initial Study $200 Preparation of Negative Declaration or $1,000 plus fee charged by CA Mitigated Negative Declaration Dept. of Fish & Game, if applicable, as adjusted annually Owner's Declaration: Prepare a complete list of names and mailing addresses of all property owners of each parcel, within or partially within a 1,000 foot radius of the exterior boundaries of the property under consideration with vegetation, including the owner of the subject property. This information must be as it appears on the latest available assessment roll of the Los Angeles County Assessor. This list shall be certified to be true and correct (complete Certified Property Owner's Affidavit). Typed Self -Adhesive Mailing Labels: In addition to the Ownership List required, submit three (3) complete sets of typed self-adhesive mailing labels for all property • owners listed on the Ownership List. City of Rolling Hills - 6 - View Impairment Complaint Form (Revised 10-2013) Complainants should expect at least three meetings with the Committee on Trees and Views for their review of the facts presented and to make a field trip to view the physical conditions. The applicant or a representative must appear at the Committee on Trees and Views meetings. COMMITTEE ON TREES AND VIEWS AUTHORITY AND RESPONSIBILITY Based on the evidence received and considered as defined by Municipal Code Section 17.26.090, the Committee may find any of the following: 1. That no view exists within the meaning of the Municipal Code; 2. That a view exists within the meaning of the Municipal Code, but that the view is not significantly impaired; or 3. That a view exists within the meaning of the Municipal Code and that it is significantly impaired. DECISION OF THE COMMITTEE ON TREES AND VIEWS: The action of the Committee on Trees and Views will be final unless within twenty (20) days following the notice to the applicant of the decision, an appeal in writing is filed with the City Clerk by: 1. The applicant; 2. The tree owner; 3. Any person who protested, either orally or in writing, as a matter of record, prior to the final vote of the Committee on Trees and Views on the matter and who, in addition, received or was entitled to receive the written notice specified in Section 17.26.050 of the Rolling Hills Municipal Code; or 4. The City Council, upon the affirmative vote of three members of the Council. Upon obtaining a view impairment judgment, it will be necessary for the complainant(s) and tree- owner(s) to sign a copy of the findings that they understand and accept the conditions of approval. City of Rolling Hills - 7 - View Impairment Complaint Form (Revised 10-2013) CHECKLIST FOR SUBMITTAL REQUEST FOR HEARING BEFORE THE COMMITTEE ON TREES AND VIEWS In addition to the required information already provided with the application for mediation process, the following information must be submitted in order for the request for hearing to be deemed complete: Letter requesting a hearing before the Committee on Trees and Views. An official record of when the current property owner acquired the property (such as a current title report) and "clear and convincing evidence" of the view that existed when the current property owner (as identified on a current title report) acquired the property. evidence that the impairing vegetation was "maturing" at the time the property was acquired. Owner's Declaration (attached). ertified Property Owner's List (attached), and three (3) sets of mailing labels for properties within 1,000 ft. radius from the exterior boundaries of the complainant's property. Application Fee (per Resolution No. 1149). Please make check payable to the City of Rolling Hills. Review by Committee on Trees and Views Processing fee Environmental Review Fees: Preparation and Staff Review of Initial Study $200 Preparation of Negative Declaration or Mitigated $1,000 (plus fee Negative Declaration charged by CA Dept. of Fish & Game, if applicable, as adjusted annually) COMMITTEE ON TREES & VIEWS: Forms:VIEW IMPAIRMENT rev 10 2013.docx City of Rolling Hills - 8 - View Impairment Complaint Form (Revised 10-2013) c ' A I (We) declar un Executed at this S-2� OWNER'S DECLARATION rra REQUEST FOR HEARING DEC 2 2 2014 BEFORE THE COMMITTEE ON TREES AND VIEWS City of Rolling Hills r penalty of perjury that the foregoing is true and correctPY /r'► day of 7z-/ . California, / 0f , 20 /t/ By: /-/4- ,A_&1 (776.// By: 51‘P, , / A ioo (7wa. _l r----4-A X.-f-u 0-c-J-e___ /-EA--,14:2 - re0. Address 4. u NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. APPLICANT: REPRESENTATIVE: COMPANY NAME: COMPANY ADDRESS: COMPANY PHONE NO. PROPERTY ADDRESS: ;11 LiS* City of Rolling Hills - 9 - View Impairment Complaint Form DATE FILED: 2-I2 -1 FEE: , `9•9'o RECEIPT NO: 1 03 1 7 BY: (Revised 10-2013) CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT REQUEST FOR HEARING BEFORE THE COMMITTEE ON TREES AND VIEWS STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ss I, J� fro-ArA // UC'n' (rpc 1 , declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally ldescribed as: Executed at , California, this day of , 20 . SI RE COMMITTEE ON TREES & VIEWS: Forms: VIEW IMPAIRMENT rev 10 2013. docx City of Rolling Hills - 10 - View Impairment Complaint Form (Revised 10-2013) December 15, 2014 City of Rolling Hills Committee on Trees and Views 2 Portuguese Bend Rd. Rolling Hills, CA 90274 Dr. and Mrs. Stephen Nuccion 18 Portuguese Bend Rd. Rolling Hills, CA 90274 F DEC 22 20V City of Rolling Hills By RE: Obstructed view and failed mediation Dear Sirs/Madam; We, Stephen Nuccion and Diana Nuccion are requesting a Public Hearing as it pertains to our previous panoramic view at 18 Portuguese Bend Road. We acquired our property in March of 2009. At that time, and up until the sale of 15 Portuguese Bend Rd. from the estate of Dr. James Roberts to William and Judith Hassoldt, we had a panoramic view from the Santa Monica Mountains to Mount Baldy. It is now occluded by over grown trees that have had negligible maintenance since the transfer of owners. We have tried, unsuccessfully, to act as neighbors to offer to pay to have the view maintained. When that failed, we came to the City and filed for arbitration. After months of wrangling, Colleen Berg, the arbitrator, had a signed arbitration agreement (dated July 31, 2014) between parties to cut the overgrowth at 15 Portuguese Bend Rd. between the months of October 1, 2014 and November 30, 2014. American Arbor was retained for the work. Three dates were set by American Arbor and all three were cancelled by Judith Hassoldt. The entire scope of work was to be ONE day of trimming at a cost of approximately $3500.00 We are requesting intervention by the View Committee on our behalf, as negotiating with the Hassoldts has proven futile. Thank you, StepheKand Diana Nucccion Memorandum of Understanding Be it known to all parties that Steve and Diane Nuccion residing at 18 Portuguese Bend Road, Rolling Hills, CA, hereinafter referred to as "Property Owners-Nuccion". William and Judith Hassoldt owners of property 15 Portuguese Bend Road, Rolling Hills, CA hereinafter referred to as "Property Owners-Hassoldts" on this day of July 2014, agree as follows: The "Property Owner-Hassoldt" agrees to the following: 1. Allow the prescribed trimming to the following trees: a) Reduce the height of one (1) Pepper tree and adjacent Acacia and Olive trees located along the fence in the front yard. Trees to be reduced in height to match the height of the adjacent pepper tree and shaped. Height of adjacent pepper tree indicated by a blue line. See photo #1 attached. b) Remove dead and bottom fronds off two (2) palm trees located in the front yard. Fronds will be removed to create a "V" shape foliage c) Reduce the height and shape one (1) Eucalyptus tree located on the south side of the driveway. Height reduction to previous cut marks. Property Owner-Hassoldt, at his discretion may want additional height reduction, to be discussed with attending arborist and it is at his discretion. d) Reduce the height and shape two (2) Olive trees located in the front yard, one near the front door and one nearer the driveway. Both to be reduced to previous cut marks and shaped. e) Reduce the height of foliage in the area of the yellow line in the attached photo #2. Foliage in this area includes two (2) Pepper trees, one (1) Elm, one or two (1-2) Eucalyptus trees and one (1) Olive tree. Trees identified above to be reduced to previous cut marks and shaped. This foliage is located near the chain link fence between the back yard and canyon area. Note: it is not possible to identify/see potential volunteer growth that may be mixed in with this area. If there is additional foliage not specified above and we are not able to see at this time, that foliage in the immediate area of the yellow line may also be trimmed to the same height. f) If the foliage identified above is trimmed per this agreement, and that trimming exposes a Pepper tree located between the 1 • r the amount the arborist feels would jeopardize the health of the tree or to would expose the pole to the Property Owners- Hassoldts. 2. The Hassoldts (Owner) will obtain a bid from American Arbor, a licensed and bonded tree service. The Hassoldts( Owner) will schedule the work as described in Item No.l.a-g above. The initial work to be completed within the months of October or November 2014, pending attending arborist's schedule and seasonal recommendations. 3. If foliage begins to grow back into the view, the Nuccions may contact the Hassoldts requesting maintenance. When maintenance is performed it will be done based on the advice of the Arborist, considering the drought conditions nesting season and the health of the trees. In consideration of the above, the "Property Owner-Nuccion" agrees to the following: 1. Upon completion of the work as described in items la-g above, pay $000.00 to American Arbor for the foliage trimming. Method of payment dependent on the approved vendor's policies and procedures. The parties hereby acknowledge and agree that the City and the attending Mediator are not a party to this agreement and has no responsibility to enforce or liability for the actions taken by the parties to implement its terms. This agreement is personal to the current )roper owners and does not constitute an encumbrance of any nature .;. property itself. 2_ Property Owner-Hassoldt Property Owner-Nucci ii 2 Date (6),•-za_ Z.e'C Date g) garage and barn of the property, that tree may also be trimmed to be at a height as to be out of the view. Trim and shape one (1) Eucalyptus tree located near the power pole on the Property Owner -Hassoldts property. The "thumbprint" of the tree to be reduced in size, but not to exceed the amount the arborist feels would jeopardize the health of the tree or to would expose the pole to the Property Owners- Hassoldts. 2. The Hassoldts (Owner) will obtain a bid from American Arbor, a licensed and bonded tree service. The Hassoldts( Owner) will schedule the work as described in Item No.1.a-g above. The initial work to be completed within the months of October or November 2014, pending attending arborist's schedule and seasonal recommendations. 3. If foliage begins to grow back into the view, the Nuccions may contact the Hassoldts requesting maintenance. When maintenance is performed it will be done based on the advice of the Arborist, considering the drought conditions nesting season and the health of the trees. In consideration of the above, the "Property Owner-Nuccion" agrees to the following: 1. Upon completion of the work as described in items la-g above, pay $000.00 to American Arbor for the foliage trimming. Method of payment dependent on the approved vendor's policies and procedures. The parties hereby acknowledge and agree that the City and the attending Mediator are not a party to this agreement and has no responsibility to enforce or liability for the actions taken by the parties to implement its terms. This agreement is personal to the current property owners and does not constitute an encumbrance of any nature on the property itself. Property Owner-Hassoldt Date Property Owner-Nuccion Date 2 Photo #1 Photo #2 3 , Jamison:0 ' 3•1511,,b1041,1.144.11,.. 07/31/2014 13:48 FAX lam • Remove dead & bottom fronds off ( 2 ) palm trees located In front yard. Fronds ; will be removed to create a 'V" shape foliage. ! Reduce the height and shape ( 1 ) Eucalyptus tree located on the south side of 700.00 the driveway. Height reduction to previous cut marks. Reduce the height and shape ( 2 ) Olive trees located In the front yard, one near the front yard and one nearer the driveway. Both to be reduced to 625.00 in previous cut marks & shaped. •, Total *The above cost is based on the job being done in its entirety. Any modifications may result in a revised proposal. *We remove any debris generated from our work. *We are not responsible for damage due to hidden conditions. Especially under ground installations. *Payment is due upon completion of work performed. *Quote is valid for 45 days only. In the event an decisions regarding final specifications for the above work need to be made, either now or while work is in progres , please int or type name & tel h9ne number of the designated individual who will be empowered to make Date "A• -3i,- t t° thrica rharit.inn. '- Please indicate acceptance by signing this proposal and returning to the above address. Upon receipt, work will be scheduled to begin. Accepted by Date American Arbor Care 2049 Pacific Coast Hwy. Suite 214 Lomita, CA 90717 Customer Diana Nuccion 18 Portuguese Bend Rd. RH, CA 90274 (310) 377-4540 rr Date ; Proposal # i 6/26/2014 1514 Jobsite William & Judith Hassoldt 15 Portuguese Bend RH, CA 90274 ' • Description Oly • Rate Total Reduce the height of ( 1 ) Pepper tree and adjacent Acacia & Olive trees , 550.00 ; 550.00 located along the fence In the front yard. Trees to be reduced in height to match the height of the adjacent pepper tree and shaped. Height of adjacent pepper tree indicated by blue line. ' 300.00 i 300.00 700.00 • 625.00 Brandon Gill Member of ISA Certified Arborist WE-6574A State Contractors License 814653 • ; Phone (310) 257-8686 Fax (310) 257-8666 stephaniel3aac@gmail.com www.americanarborcare.net Page 1 • Diana Nuccion 118 Portuguese Bend Rd. RH, CA 90274 (310) 377-4540 Jobsite William & Judith Hassoldt 15 Portuguese Bend RH, CA 90274 Description Reduce the height of foliage in the area of the yellow line. Foliage In this area includes ( 2) Pepper trees, (1) Elm tree, (1 - 2) Eucalyptus trees and (1 ) Olive tree. Trees identified above to be reduced to previous cut marks & shaped. This foliage is located near the chain link fence between the back yard & canyon area. i Note: it is not possible to identify/see potential volunteer growth that may be mixed in with this area. If there is additional foliage not specified above and we are not able to see at this time, that foliage in the immediate area of the yellow • line may also be trimmed to the same height. If foliage identified above is trimmed per this agreement and that trimming exposes a Pepper tree located between the garage and barn of the property, that tree may also be trimmed to be at a height as to be out of the view, as defined by the City of Rolling Hills. ' ( 1 ) Lg. Eucalyptus by power pole - trim Note: Cost to trim this Eucalyptus is approximate contingent on how much work is involved. Qty Rate Total 650.00 - 650.00 200.00 ; 200.00; 400.00', 400.00 $3,425.00 *The above cost is based on the job being done in its entirety. Any modifications may result in a revised proposal. *We remove any debris generated from our work. *We are not responsible for damage due to hidden conditions. Especially under ground installations. *Payment is due upon completion of work performed. *Quote is valid for 45 days only. In the event any decisions regardin final specifications for the above work need to be made, either now or while work is in progress, pleas¢pc' t or type ia r e & telephone number of the designated individual who will be empowered to make those decisions. Name \ ► X-/ Date Please indicate accep scheduled to begin. Accepted by y signing this proposal and returning to the above address. Upon receipt, work will be Brandon Gill; Member of ISA Certified Arborist WE-6574A State Contractors License 814653 Date Phone (310) 257-8686 ; Fax (310) 257-8666 stephanie13aac@gmail.com Page 2 tO I U) of /-4o4U www.americanarborcare.net Description Qty Rate Total Reduce the height of foliage in the area of the yellow line. Foliage in this area _ �! 650.00 650.00 includes (2) Pepper trees, (1 ) Elm tree, (1 - 2) Eucalyptus trees and (1 ) Olive tree. Trees Identified above to be reduced to previous cut marks & shaped. This foliage is located near the chain Zink fence between the back yard & canyon area. Note: it is not possible to identify/see potential volunteer growth that may be mixed in with this area. If there is arlrfitinnal fnlianR not cnarlflorl ahrn,n o.,.1,.,0 " �o (0'> c �- C-' • S 9' irne:03/30/2009 17:06:00 Agent: Address: Attn: File No. 045094AB Phone No. Fax No. Borrower: STEPHEN NUCCION DIANA NUCCION Seller: SAIDAKIS CONSTRUCTION, INC Loan Type: CONV UNINSURED Lien Position: ST Property Address: 18 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274-5071 Initial Payment (excluding impounds): 15,034.30 Loan Term (months): 360 Initial Interest Rate: 5.750 First Payment Date: JUNE 01, 2009 Maximum Principal Balance: 0.00 CLOSING INSTRUCTION Lender: COUNTRYWIDE BANK, FSB Address: Office #: 0000015 17209 HAWTHORNE BLVD. TORRANCE, CA 90504 Attn: Loan No. 201177087 Phone No. (310)370-4633 Fax No. (310) 371-5495 LOAN #: 201177087 Sales Price: 3,435,000.00 Loan Amount: 2,576,250.00 Draw Amount (HELOC and Construction Only): 0.00 Anticipated Closing Date: 03/30/2009 Anticipated Funding Date: 03/30/2009 C ARM Loan: Index: Margin: Periodic Cap: Ceiling: Floor: Interest Rate Change Date: Payment Change Date: CBuydown Loan: C Negative Amortization: Wiring Instructions (except for any portion of an unwanted HELOC draw): The Bank of New York 48 Wall Street New York, NY ABA# 021000018 Countrywide Home Loans Acct# 8900404639 Reference: 201177087 Attn: Treasury Department Closing Instructions 1C086-US (09/08).02(d/i) ;ce : ..: 23 0.000 0.000 2 3 9 9 1* ` 2 0 1 1 7 7 0 8 7 0 0 0 0 0 1 C 0 8 6