11a AttachmentAttachment to Agenda Item: 11-A
Mtg. Date: 03/17/15
City of Rolling Hills
Administrative Reeulations Interoretine Measure B
Relatine to View Preservation
Chapter l General Description of View Preservation Ordinance and Measure B
Chapter 2 Date of Property Acquisition
Chapter 3 "Mature" versus "Maturing" Trees
Chapter 4 Retroactivity of Measure B
Chapter 1
GENERAL DESCRIPTION OF VIEW PRESERVATION ORDINANCE AND
MEASURE B
Section 1001. General Description of View Preservation Ordinance and Measure B
In June 1988, the City adopted a View Preservation Ordinance. The ordinance established
preservation of views as a primary value of the community and created a process by which a
property owner could seek to abate an obstructed view. In November 2003, the ordinance was
modified relative to the composition of the Committee on Views and Trees, the body designated
to consider view applications.
In March 2013, the residents of Rolling Hills passed Measure B to amend the View Preservation
Ordinance. The principal effect of Measure B was to shift the protection of the ordinance from
views that are capable of being enjoyed from a property to views that were actually enjoyed
from a property when the property owner acquired the property. In particular, the initiative
amended the ordinance as follows:
• Only a view that existed when the current property owner "actually acquired" the
property may be restored;
• Abatement of view impairment is limited to obstructions caused by trees that were
"maturing" at the date of acquisition and trees that were "mature" at the time of property
acquisition are excluded from consideration;
• Measure B specified that abatement of view impairment is intended to create "view
corridors" and views through trees, and not unobstructed views;
Measure B specified that its provisions are to be applied retroactively.
Measure B contains various ambiguities that have resulted in uncertainty in its application.
Because Measure B can only be amended by the voters, these regulations clarify the City's
interpretation of the initiative.
Section 1002. Applicability
The provisions of these regulations are intended to be applicable to the administration and
enforcement of the provisions of Chapter 17.26 of Title 17 of the Rolling Hills Municipal Code
amended by Measure B.
City of Rolling Hills Regulations Interpreting Measure B Page 1
Chapter 2
DATE OF PROPERTY ACQUISITION
[TBD]
City of Rolling Hills Regulations Interpreting Measure B Page 2
Chapter 3
"MATURE" VERSUS "MATURING" TREES
Section 3001. Definition of "Mature" Trees
The Sunset Western Garden Book is a trusted reference guide on trees, plants and other
vegetation present in the region and defines a plant species' "maturity" as the time at which a
plant achieves a certain height range and displays other characteristics. For purposes of the View
Preservation Ordinance and Measure B, a tree or other vegetation is "mature" when it reaches the
t: u/lowest height of the "mature" height range for the species specified in the Sunset
Western Garden Book.
Section 3002. Definition of "Maturing" Trees
Trees and other vegetation that are not "mature" as specified in these regulations are "maturing."
Section 3003. Presumption that Trees were not "Mature"
If evidence is presented, such as historical aerial photographs, showing that none of the
offending trees or vegetation subject to a complaint was planted at or around the time that the
complainant acquired the property from which a view is claimed, the complainant shall be
entitled to a presumption that the offending trees and vegetation were not "mature" at the date of
acquisition and are therefore subject to restorative action.
City of Rolling Hills Regulations Interpreting Measure B Page 3
Chapter 4
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Section 4001. Retroactive Application.
Any resolution of the City of Rolling Hills adjudicating any complaint regarding view
impairments adopted by the Committee on Trees and Views, or the City Council on appeal, prior
to March 18, 2013, is hereby considered void and will not be enforced by the City.
City of Rolling Hills Regulations Interpreting Measure B Page 4