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1078RESOLUTION NO. 1078 AMENDMENT TO RESOLUTION 1066 SETTING FORTH FINDINGS RELATED TO THE REMOVAL AND TRIMMING OF TREES AT 7 QUAIL RIDGE ROAD SOUTH DUE TO VIEW IMPAIRMENT FOR PROPERTIES AT 3 QUAIL RIDGE ROAD SOUTH AND 5 QUAIL RIDGE ROAD SOUTH. 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, 2008claiming that view impairment was caused by trees located at 7 Quail Ridge Road South.. The owners and future owners of 3 Quail Ridge Road South and 5 Quail Ridge Road South are collectively referred to in this Resolution as "Complainants". 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. On August 24, 2009, the City Council adopted Resolution 1066 in response to an appeal of the decision of the Committee on Trees and Views, establishing requirements resolving the view impairment issue. Resolution No. 1078 1 Section 11. On November 11, 2009, the Citv of Rolling Hills received a "Settlement Agreement and Mutual Release" signed by all parties requesting the Citv Council amend Resolution 1066 based on their mutual agreement. Resolution 1078 represents the Citv Council's subsequent decisions with regard to the view impairment issue. Section 12. 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 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 13. Therefore, the City Council is ordering the following restorative action pursuant to Rolling Hills Municipal Code Section 17.26.060 E and the request to amend Resolution 1066 received by the Parties. A. Within forty nine (49) calendar days following adoption of this Resolution, 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. B. 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. C. 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 except as provided in Section I. 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 v 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. D. 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. For the purposes of this Resolution, the trees have been identified as Tree Number One through Tree Resolution No. 1078 2 Number Ten "D" (1-10D), which includes the hedge, looking in a southwesterly direction from the perspective of the Bellis and Witte properties. E. 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 shall have the crown reduced to and maintained at a maximum height of 34 feet above the ground level. The tree shall also be laced annually with the removal of selective branches to maintain an open view. During the Initial Restorative Action, the tree shall be trimmed to the mark that has been agreed upon by the Parties at that point which has been marked on the tree and which was measured as being 34 feet above the level of the ground directly below the mark. 3. Group of Number Three trees shall be maintained at its current configuration and not exceed the roofline of the residence. 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 and its stump shall be removed at the expense of the Owners of 7 Quail Ridge Road South. The Complainants will pay $600.00 toward the expense of removing and replacing the tree. The replacement tree shall at maturity not exceed in height 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 removed. It may be replaced by any tree that would not exceed 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. 13. Tree Number Eight (F) shall be maintained at current height and width. 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) shall have the dead fronds removed annually. 16. Tree Number Ten (B). There shall be no action required. Resolution No. 1078 3 17. Tree Number Ten (C) shall be trimmed to the roofline of the barn and all saplings and new growth removed. F. 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. G. Following the Initial Restorative Action, any new growth that occurs into the v 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. H. 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. I. The Owners of 7 Quail Ridge Road South permit the Complainants, at their option and at their expense, to additionally reduce the crown of tree Number Two to 34 feet above the ground level and lace the tree once every year between May 1 and May 31. Such crowning and lacing shall be performed by a contractor selected by the Owners of 7 Quail Ridge Road South. Section 14. This amended Resolution shall serve as a notice of this decision and shall be recorded against the titles of the Parties and shall run with the land, thereby giving notice of this obligation and decision to all future owners. Section 15. The Complainants shall not file with the City of Rolling Hills any additional complaint specifically in reference to the 16 trees, hedge and established view corridor addressed by this Resolution. RESOLUTION 1066 IS HEREBY RECINDED, SUPERCEDED AND REPLACED BY RESOLUTION 1078. PASSED, APPROVED AND ADOPTED by Members of the City Council this 23rd day of November 2009. THOMAS ATTEST: ANTON DAHLERBRUCI v CITY CLERK Resolution No. 1078 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF ROLLING HILLS The foregoing Resolution No. 1078 entitled: AMENDMENT TO RESOLUTION 1066 SETTING FORTH FINDINGS RELATED TO THE REMOVAL AND TRIMMING OF TREES AT 7 QUAIL RIDGE ROAD SOUTH DUE TO VIEW IMPAIRMENT FOR PROPERTIES AT 3 QUAIL RIDGE ROAD SOUTH AND 5 QUAIL RIDGE ROAD SOUTH was approved and adopted at a meeting of the City Council on November 23, 2009, by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. I d� ru City Clerk Resolution No. 1078 5