0834RESOLUTION NO. 834
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS RELATIVE TO ABATEMENT OF A VIEW
IMPAIRMENT AT 11 QUAIL RIDGE ROAD SOUTH
The City Council of the City of Rolling Hills does hereby resolve and order as
follows:
Section 1. The City Council conducted a duly noticed public hearing on
January 26, 1998 to consider an appeal by Doris McNabb of a decision by the View
Preservation Committee ("VPC") as set forth in its Resolution No. VPC 97-1 relative to
abatement of a view impairment on her property affecting the views from 2 Spur Lane
(Arnold residence). The public hearing was reopened at the City Council's adjourned
regular meeting of February 25, 1998 for receipt of additional evidence and testimony from
the parties.
Section 2. The City Council heard and considered evidence, both written
and oral, at the public hearing, including testimony from the affected property owners and
their representatives.
Section 3. Based on the evidence received during the hearing, the City
Council finds as follows:
A. Pursuant to Municipal Code Section 17.26.050, the VPC found that a
view, as that term is defined in Section 17.12.220, exists from the Arnold residence at 2
Spur Lane, and further, that the view was significantly impaired by certain trees on the
McNabb property. Based on the evidence presented, including the record of proceedings
before the VPC and photographs of the site, the City Council concurs in the finding that a
view of the Pacific Ocean coastline exists from 2 Spur Lane. The City Council also finds
that while the view was restored following the VPC determination and prior to the
January 26, 1998 public hearing, the view was impaired at the time the VPC considered the
matter.
B. At the time of the January 26, 1998 hearing, the view from 2 Spur Lane
was no longer impaired. However, evidence was presented indicating that there are a
great many trees on the property at 11 Quail Ridge Road South, and that many of them
present the possibility of future impairments unless they are regularly trimmed or
--removed. -Evidence-was also -presented -that a stump -remained -on-the-property-of one -of
the trees that was removed in order to restore the view.
C. In order to address the eventuality of future impairments from normal
tree growth, and .pursuant to the authority contained in Municipal Code Section
17.26.050.E, the VPC included in its Resolution No. VPC -97-1 a condition requiring that
Mrs. McNabb bear the cost of maintaining all the trees on her property in a manner such
that they do not create future view impairments.
D. An appeal was taken from the VPC's decision to impose the cost of
future maintenance on Mrs. McNabb, and to seek clarification of the lateral extent of the
view and as to which trees on the property mint be maintained in order to preserve that
view.
E. At the hearing, photographic evidence was presented and submitted
into the record which showed certain trees (on the left or southerly side of the photograph)
which could potentially encroach on the view. The parties set forth their arguments as to
who should be responsible for paying the cost of trimming and/or removal of those trees.
The parties also made argument as to the cost and responsibility for future maintenance of
other trees on the property so as to avoid a recurrence of the view impairment.
Section 4. Based on the foregoing findings, the City Council concludes and
orders as follows:
A. The photograph introduced into the record at the reopened hearing on
February 25, 1998, and attached to this Resolution as Exhibit A and incorporated herein by
reference, constitutes an accurate depiction of the view from 2 Spur Lane. The view as
Resolution No. 834 -1-
depicted in Exhibit A is not impaired by any trees on property at 11 Quail Ridge Road, and
Exhibit A shall serve as a benchmark against which any future impairments shall be
judged. No restorative action is required as of the date hereof.
B. Future maintenance of trees and vegetation on the property at 11 Quail
Ridge Road South (either trimming or removal, at Mrs. McNabb's option) shall be
performed at the sole expense of Mrs. McNabb or her successor in interest, in a manner as
to maintain the view from 2 Spur Lane as it is depicted in Exhibit A. Necessary
maintenance shall be performed annually in October of each year.
C. The tree stump remaining of the property at 11 Quail Ridge Road
South shall be removed at the expense of Mr. Arnold.
Section 5. City Council Resolution No. 668 is hereby superseded and
rescinded. This Resolution shall supersede Resolution No. VPC -97-1.
Section 6. This Resolution shall be recorded against the title of 11 Quail
Ridge Road South and shall run with the land, thereby giving notice of its contents to
future owners.
PASSED, APPROVED AND ADOPTED this 25th day of February, 1998 by
Members of the Rolling Hills City Council.
Frank E. Hill
Mayor Pro Tem
ATTEST:
Marilyn L. Tern
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 834 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS RELATIVE TO ABATEMENT OF A VIEW
IMPAIRMENT AT 11 QUAIL RIDGE ROAD SOUTH
was approved and adopted at a meeting of the City of Rolling Hills City Council on
February 25, 1998 by the following roll call vote:
AYES: Councilmembers Heinsheimer, Murdock, Pernell and Mayor Pro Tem Hill.
NOES: None.
ABSENT: Mayor Lay.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
MARILYYN E. KERN
DEPUTY CITY CLERK
Resolution No. 834 -2-
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VIEW PRESERVATION COMMITTEE CASE: MCNABB/ARNOLD
2 SPUR LANE, ROLLING HILLS
Present: Mr. Morgan S. Ralls, Jr., representing Mrs. Doris McNabb - 11 Quail Ridge Road South; Mr. Burt Arnold - 2 Spur Lane; Mr. Craig R. Nealis, City Manager
Perspective: The coast line level as viewed from the perspective of a 6 foot person standing at the edge of the patio on the pad level of the home directly outside the living
room door of the Arnold residence at 2 Spur Lane.
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