1066RESOLUTION NO. 1066
VIEW IMPAIRMENT APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW
IMPAIRMENT CASE FILED BY DR. AND MRS. BELLIS, 3
QUAIL RIDGE ROAD SOUTH, AND DR. AND MRS. WITTE,
5 QUAIL RIDGE ROAD SOUTH, AGAINST TREES LOCATED
ON PROPERTY OWNED BY MR. AND MRS. PRICE
SHOEMAKER, 7 QUAIL RIDGE ROAD SOUTH. THE
APPEAL WAS FILED BY MR. AND MRS. SHOEMAKER.
THE ROLLING HILLS CITY COUNCIL DOES HEREBY FIND, RESOLVE
AND ORDER AS FOLLOWS:
Section 1. A view impairment complaint ("Complaint") was filed by Dr. and
Mrs. Carroll Bellis, 3 Quail Ridge Road South and Dr. and Mrs. Arvel Witte, 5 Quail
Ridge Road South on April 28, 2008 (collectively referred to in this Resolution as
"Complainants"), claiming that view impairment was caused by trees located at 7 Quail
Ridge Road South. The owners and all future owners of 7 Quail Ridge South are
collectively referred to in this Resolution as "Owners of 7 Quail Ridge Road South"; and
Section 2. The Complaint was referred to a mediator to conduct mediation
services pursuant to Rolling Hills Municipal Code 17.26.040, Paragraph B; and
Section 3. After the mediation failed to achieve agreement, a public hearing
was properly noticed and advertised pursuant to Rolling Hills Municipal Code Sections
17.26.040, Paragraph C and 17.26.050, Paragraphs A and B; and
Section 4. The subject public hearing was conducted on March 17, 2009,
March 24, 2009, April 7, 2009 and June 2, 2009, and included field trips to 3 Quail Ridge
Road South, 5 Quail Ridge Road South and 7 Quail Ridge South.
Section 5. The Committee on Trees and View determined that a view exists
from 3 Quail Ridge Road and from 5 Quail Ridge Road and that the view is significantly
impaired by trees located at 7 Quail Ridge Road. The Committee adopted a Resolution
enumerating corrective actions, so that the property owners at 3 Quail Ridge Road South
and 5 Quail Ridge South would regain their view.
Section 6. Pursuant to Section 17.26.050F of the Rolling Hills Municipal
Code, an appeal may be filed by any aggrieved party within twenty days of the decision.
On July 14, 2009 the property owners of 7 Quail Ridge Road South filed an appeal of the
Committee's decision to the City Council.
Section 7. Pursuant to Section 17.54.015 and 17.54.060 of the Zoning
Ordinance the City Council, in response to the appeal, is required to conduct a public
hearing to consider the record of this case, receive public testimony and may received
additional information presented at the appeal hearing, before taking formal action on the
appeal.
Section 8. The City Council held duly noticed public hearings on July 27 and
August 24, 2009 and visited all three properties on July 30, 2009.
Section 9. During the City Council proceedings all parties expressed desire to
amicably resolve the view impairment issue and work towards a lasting solution. This
Resolution represents all parties' efforts to achieve and maintain an acceptable view
while maintaining privacy for the enjoyment of all properties.
Section 10. Regarding the Appeal the Rolling Hills City Council finds as
follows:
A. Pursuant to Rolling Hills Municipal Code Section 17.26.050, a view exists
from both 3 Quail Ridge Road South and 5 Quail Ridge Road South as defined in Section
Resolution No. 1066
17.12.220 "View" of the Municipal Code. The City Council finds that the view area for
3 Quail Ridge Road South is the patio area at the southwest corner of the house and the
view area for 5 Quail Ridge Road is the patio immediately outside the kitchen, both from
the standing perspective of an average height person, ("Designated View Areas") as
depicted on the aerial photograph attached hereto as Exhibit C.
B. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D (3), the
City Council finds that the views on both Complainants' properties are significantly
impaired because eleven trees significantly impair the view from the area immediately
adjacent to the rear of the main residences at 3 and 5 Quail Ridge Road South as defined
in Section 17.12.220 "View Impairment" of the Rolling Hills Municipal Code and a
hedge and five trees do not significantly impair the view with regular maintenance as
defined in Section 17.26.050 D (2).
C. Pursuant to Rolling Hills Municipal Code Section 17.26.050 E, the City
Council found the restorative action set forth below in this Resolution is necessary to
abate the view impairment and restore the complainants' views, and that the restorative
action will not adversely affect the environment and will not unreasonably detract from
the enjoyment or privacy of the land at 7 Quail Ridge Road South.
Section 11. Therefore, the City Council is ordering the following restorative
action pursuant to Rolling Hills Municipal Code Section 17.26.060 E.
A. Within twenty-one (2 1) calendar days of adoption of this resolution, the
Complainants are hereby required to obtain and present to the Owners of 7 Quail Ridge
Road South a list of three names and resumes of licensed arborists. Within seven (7)
calendar days of receipt of the list of the arborists the Owners of 7 Quail Ridge Road
South are required to select one of the arborists and inform the Complainants which
arborist they chose (referred to in the remainder of this Resolution as the "Arborist").
Within twenty- one (2 1) calendar days of selecting the Arborist by the Owners of 7 Quail
Ridge Road South, the Complainants, at their own expense, shall have the restorative
action specified below evaluated by the Arborist and the results presented to the Owners
of 7 Quail Ridge Road South.
B. Within twenty-one (2 1) calendar days of the Owners of 7 Quail Ridge
Road South having received the recommendations from the Arborist, the Complainants
are hereby required to obtain and present to the Owners of 7 Quail Ridge Road South,
three (3) bids from licensed qualified contractors for the performance of the initial
restorative action set forth in this Resolution as well as a cash deposit in the amount of
the lowest bid. In order to qualify, the contractors must provide insurance, which
protects and indemnifies the City and the Complainants from damages attributable from
negligence or wrongful performance of the work. Any such insurance shall be subject to
the approval of the City.
C. The Owners of 7 Quail Ridge Road South may select any of the three
licensed and qualified contractors to perform the Initial Restorative Action (defined
below) (as long as the insurance requirement of the above paragraph is satisfied), but
shall pay for any cost above the amount of the cash deposit. The work for the Initial
Restorative Action shall be completed no later than December 1, 2009.
D. Subsequent maintenance of the subject vegetation shall be performed as
prescribed in this Resolution at the sole cost and expense of the Owners of 7 Quail Ridge
Road South and maintained in accordance with the final decision of the City Council so
as to not allow for future view impairments. All subsequent maintenance subject to this
Resolution shall be completed by December 1 of each year. All planting shall be
maintained in accordance with this final decision and shall not obstruct the view from the
designated view area of 3 Quail Ridge Road South and 5 Quail Ridge Road South. A
notice of the decision shall be recorded against the title of 7 Quail Ridge Road South and
shall run with the land, thereby giving notice of this resolution to all future owners.
E. Initial restorative action shall be limited to the sixteen (16) trees and a
hedge as marked in the photograph attached as Exhibit A(1) and Exhibit A(2) to this
Resolution No. 1066 2
Resolution. For the purposes of this Resolution, the trees have been identified as Tree
Number One through Tree Number Ten "D" (1-10D), which includes the hedge, looking
in a southwesterly direction from the perspective. of the Bellis and Witte properties.
F. The initial restorative action ("Initial Restorative Action") shall consist of
the following:
1. Tree Number One and tree stump shall be removed and not
replaced.
2. Tree Number Two and tree stump shall be removed and not
replaced.
3. Group of Number Three trees shall be maintained at its current
configuration and not exceed the roofline of the residence. If the Arborist determines that
the proposed action will destroy the trees, the trees and tree stumps shall be removed and
replaced at the Complainants'J�xpense with a tree chosen by the Owners of 7 Quail Ridge
Road South out of the list oi�trees on the Rolling Hills list of recommended trees. The
trees, if replaced shall be replaced with a not more than 24 inch boxed tree and the
projected growth of the replacement tree shall, at maturity not exceed the roofline of the
residence.
4. Tree Number Four shall be trimmed and laced and shall at all times
not exceed the roofline of the residence.
5. Tree Number Five shall be trimmed overall by a minimum of 5
feet. In addition, the tree shall be laced and thinned to the extent shown in the
photograph attached hereto and incorporated herein by this reference as exhibit `B".
6. Tree Number Six shall be trimmed overall by a minimum of 5 feet.
In addition, the tree shall be laced and thinned to the extent shown in the photograph
attached hereto and incorporated herein by this reference as exhibit "B".
7. Tree Number Seven shall be laced and trimmed to the roofline of
the residence.
8. Tree Number Eight (A) shall be topped and trimmed to not to
exceed the roofline of the barn, or removed, including the stump. If removed the tree
shall not be replaced.
9. Tree Number Eight (B) shall be topped and trimmed to not to
exceed the roofline of the barn, or removed, including the stump. If removed the tree
shall not be replaced.
10. Tree Number Eight (C) shall be either topped five feet or removed.
If removed, the tree shall not be replaced.
11. Tree Number Eight (D). There shall be 'no action required.
12. Tree Number Eight (E) shall be topped and trimmed to the roofline
of the barn.
width. 13. Tree Number Eight (F) shall be maintained at current height and
14. The Hedge (Depicted on Exhibit A as #9) shall be trimmed to the
roofline of the residence and all saplings and new growth removed.
15. Tree Number Ten (A). There shall be no action required.
16. Tree Number Ten (B). There shall be no action required.
Resolution No. 1066 3
17. Tree Number Ten (C) shall be trimmed to the roofline of the barn
and all saplings and new growth removed.
G. Upon conclusion of the Initial Restorative Acton, City staff will be
contacted by all parties and shall visit 3 Quail Ridge Road South and 5 Quail Ridge Road
South. When the restorative action is completed to the City's satisfaction, City staff shall
take a photograph from the Designated View Areas at each property to be attached as
Exhibit D (1) and Exhibit D (2), for the purposes of establishing the level of restorative
action for the future maintenance requirement responsibility of the Owners of 7 Quail
Ridge Road South.
H. Following the Initial Restorative Action, any new growth that occurs into
the established view level shall be removed by the Owners of 7 Quail Ridge Road South,
at the same time as the trimming of the trees specified by this Resolution.
I. Following the Initial Restorative Action, by December 1 of each year,
beginning in 2010, and in each year thereafter, the Owners of 7 Quail Ridge Road South
shall maintain the trees in accordance with the requirements of this Resolution. Annual
trimming shall restore the view to that described in the photograph to be taken by City
staff following the initial restorative action. This restorative action shall be completed by
December 1 of each year at the sole cost and expense of the Owners of 7 Quail Ridge
Road South.
Section 12. This Resolution shall serve as a notice of this decision and shall be
recorded against the title of 7 Quail Ridge South and shall run with the land, thereby
giving notice of this obligation and decision to all future owners.
PASSED, APP VED ADOPTED b Members of the City Council this
24th day of Ay�iist 2
1
V" MA
ATTEST:
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Resolution No. 1066 4
E
�J
STATE OF CALIFORNIA J
COUNTY OF LOS ANGELES SS
CITY OF ROLLING HILLS.
The foregoing Resolution No. 1066 entitled
VIEW IMPAIRMENT APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW
IMPAIRMENT CASE FILED BY DR. AND MRS. BELLIS, 3
QUAIL RIDGE ROAD SOUTH, AND DR. AND MRS. WITTE,
5 QUAIL RIDGE ROAD SOUTH, AGAINST TREES LOCATED
I
ON PROPERTY OWNED BY MR. AND MRS. PRICE
SHOEMAKER, 7 QUAIL RIDGE ROAD SOUTH. THE
APPEAL WAS FILED BY MR. AND MRS. SHOEMAKER.
was approved and adopted at a meeting of the City Council on August 24, 2009, by the
following roll call vote:
AYES: Councilmembers Black, Lay, Mayor Pro Tem Pennell and Mayor Heinsheimer
NOES: None.
ABSENT: Councilmember Hill (recused due to proximity of his property to subject properties)
ABSTAIN: None.
City Clerk
Resolution No. 1066 5
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EXHIBIT A I
Resolution No. 1066
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