1118RESOLUTION NO. 1118
VIEW IMPAIRMENT APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT
CASE FILED BY MS. OKSANA BIHUN, 49 SADDLEBACK ROAD
AGAINST TREES LOCATED ON PROPERTY OWNED BY MR.
HOWARD HALL, 48 SADDLEBACK ROAD AND SETTING FORTH
RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. THE
APPEAL WAS FILED BY MR. HOWARD HALL.
THE ROLLING HILLS CITY COUNCIL DOES HEREBY FIND, RESOLVE AND ORDER
AS FOLLOWS:
Section 1. A view impairment complaint ("Complaint") was filed by Ms. Oksana
Bihun at 49 Saddleback Road on July 8, 2011 (collectively referred to in this Resolution as
"Complainant"), claiming that eight Pine trees located at 48 Saddleback Road caused view
impairment. The owners and all future owners of 48 Saddleback Road are collectively
referred to in this Resolution as "Owners of 48 Saddleback Road"; 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
before the Committee on Trees and Views was properly noticed and advertised pursuant
to Rolling Hills Municipal Code Sections 17.26.040, Paragraph C and 17.26.050, Paragraphs
Aand B;and
Section 4. The subject public hearing by the Committee on Trees and Views was
conducted on November 15, 2011, and December 20, 2011 and included a field trip to 48
and 49 Saddleback Road.
Section 5. 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
February 3, 2012 Mr. Hall, the property owner of 48 Saddleback Road, filed an appeal of
the Committee's decision to the City Council.
Section 6. 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 7. The City Council held duly noticed public hearings on the appeal on
February 27, 2012 and March 12, 2012 and visited both properties on February 27, 2012.
Section 8. The City reviewed the proposed restorative action's environmental
impacts under the California Environmental Quality Act (Public Resources Code §§ 21000,
et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of
Regulations §§ 15000, et seq., the "CEQA Guidelines"" and determined the proposed
project to be exempt from environmental review pursuant to Section 15301 (Existing
Facilities) and15304 (Minor Alterations of Land) of the CEQA Guidelines.
Section 9. The Rolling Hills City Council finds as follows regarding the
Complaint:
A. Pursuant to Rolling Hills Municipal Code Section 17.26.050, a view exists
from 49 Saddleback as defined in Section 17.12.220 "View" of the Municipal Code. The
City Council finds that the view area for 49 Saddleback Road is the patio area at the
northeast side of the house, immediately outside the living room area, from the standing
perspective of an average height person, ("Designated View Area") as depicted on the
aerial photograph attached hereto as Exhibit A.
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B. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D (3), the City
Council finds that the view on the Complainants' property is significantly impaired
because trees located at 48 Saddleback Road significantly impair the view from the
Designated View Area as "View Impairment" is defined in Section 17.12.220 of the Rolling
Hills Municipal Code.
C. Pursuant to Rolling Hills Municipal Code Section 17.26.050 E, the restorative
action set forth below in this Resolution is necessary to abate the view impairment and
restore the complainants' view, will not adversely affect the environment and will not
unreasonably detract from the enjoyment or privacy of the land at 48 Saddleback Road.
Section 10. The City Council orders the following restorative action pursuant to
Rolling Hills Municipal Code Section 17.26.060 E.
A. Within thirty (30) days following adoption of this Resolution, the
Complainant in the original complaint case is hereby required to obtain and present to the
Owners of 48 Saddleback Road, 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 48 Saddleback Road may select any licensed and qualified
contractor to perform the Initial Restorative Action (defined below) (as long as the
insurance requirement of the above paragraph is satisfied), but must pay for any cost
above the amount of the lowest bidder. The removal of the trees, as specified in
subparagraph G(1) below, must be completed within thirty (30) days from receipt of the
cash deposit.
C Subsequent maintenance of the subject vegetation shall be performed as
prescribed in this Resolution at the sole cost and expense of the Owner of 48 Saddleback
Road and maintained in accordance with the final decision of the City Council so as to not
allow for future view impairments to the view provided by this Resolution. All
subsequent maintenance subject to this Resolution shall be completed by November 15 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 49 Saddleback.
D. Should the Complainants by November 15 of any year believe that
restorative actions have not been performed in accordance with this Resolution, they may
request that City intercede.
E. For the annual inspection(s) of restorative actions, there shall be on deposit
with the City of Rolling Hills at all times a total amount of $500. The Owners of 48
Saddleback Road shall provide the City with $250.00 and the Complainant shall provide
the City with $250.00. Upon a request to inspect the restorative action, City staff or an
authorized and qualified designee shall view the restorative actions from the Designated
View Area at 49 Saddleback Road to determine if any additional work is necessary or if the
restorative action is in compliance with this Resolution. Should it be determined that no
additional restorative action is required, the City will draw funds from the Complainant's
account for the cost of the inspection. Should it be determined that the restorative action is
not in compliance with this Resolution, the Owners of 48 Saddleback Road shall be
required to perform additional work and the City will draw funds from the Owners' of 48
Saddleback Road account for the cost of the inspection. The party subject to the cost of the
inspection shall re -deposit an amount equal to the cost up to $250.00.
F. For the purposes of this Resolution, the trees have been identified as Tree
Number One through Tree Number Eight, which includes two trees along the front
roadway easement and six trees along the driveway, as shown on a driveway plan for 48
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Saddleback Road attached hereto as EXHIBIT B and in a Photograph attached hereto as
Exhibit C, which are made a part of this Resolution.
G. The Initial Restorative Action shall be as follows:
1. Remove trees 1, 2, 3, 4, and 8 flush to the ground. The stumps do not
have to be removed but shall be flush with the existing grade. Should
the Owners of 48 Saddleback Road wish to remove the stumps, they
may be removed at their sole expense.
2. The Complainants shall provide reimbursement to the Owners of 48
Saddleback Road the amount not to exceed $2,000.00 for trees in
replacement of removed trees and/or stump removal for up to one
year after the Initial Restorative Action as follows. The owners of 48
Saddleback Road shall be reimbursed in an amount not to exceed
$2,000 to either have the stumps removed or replant the removed
trees, or combination thereof. The Owners of 48 Saddleback Road
shall submit receipts for trees (and the planting of such trees) in
replacement of removed trees and/or stump removal to the Owners
of 49 Saddleback Road. The Owners of 49 Saddleback Road must
reimburse the Owners of 48 Saddleback Road up to $2,000 for these
expenses. Replacement trees shall be located within five (5) feet of
either side of the removed trees and must be planted within one (1)
year of the Initial Restorative Action.
3. The replacement vegetation shall be selected by the Owners of 48
Saddleback Road and be of such species that at maturity will not grow
to more than 20 feet in height and 15 feet in width, and shall be
maintained at this height and width by every November 15 of each
year. The replanted trees shall not grow into the restored view as shall
be established upon conclusion of the Initial Restorative Action and
described in Exhibit "D" in Section 71-1 of this Resolution.
4. The replacement vegetation shall be of such species and be planted in
an off set manner, so that it does not grow into a hedge like wall.
5. Should the owners of 48 Saddleback Road wish to replace and plant
trees or shrubs more than one (1) year after the passage of this
resolution, such replacement shall be at their sole expense. The
replacement vegetation shall be of such species that at maturity will
not grow to more than 20 feet in height and 15 feet in width, and shall
be maintained at this height and width by every November 15 of each
year
6. Trees number 5, 6 and 7 are not required to be removed or trimmed
but shall hereafter be maintained to the size and height as exist of the
time of adoption of this Resolution.
7. If new trees or other vegetation is planted, the maintenance shall be
completed by November 15 of each year.
8. The hedges along Saddleback Road and other landscaping shall be
maintained at their current height and shall not grow into the
complainants view.
H. Upon conclusion of the Initial Restorative Action, the Owners of 48
Saddleback Road shall contact City staff and, the staff or City's designee shall visit 49
Saddleback Road and take a photograph from the Designated View Area at 49 Saddleback
Road to be attached as Exhibit D for the purposes of establishing the level of restorative
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action for the future maintenance requirement responsibility of the Owners of 48
Saddleback Road.
I. Following the Initial Restorative Action, any new growth that occurs into the
established view provided by this Resolution shall be removed by the Owners of 48
Saddleback Road. Such action shall be completed by November 15 of each year.
J. Following the Initial Restorative Action, by November 15 of each year,
beginning in 2012, and in each year thereafter, the Owners of 48 Saddleback Road 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.
Section 11. This Resolution shall serve as a notice of this decision and shall be
recorded together with the Exhibits 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 12. The Complainants shall not file with the City of Rolling Hills any
additional complaint specifically in reference to trees subject to this Resolution and
established view corridor addressed by this Resolution.
Section 13. The parties by mutual agreement, if they so desire, may propose to the
City Council a modification to the implementation action in this Resolution, if grounds
exist to justify such a modification, as set forth in Rolling Hills Municipal Code Section
17.26.060 D. Any such mutual agreement shall be approved by the City Council and
recorded. For purposes of this the "parties' shall be defined to mean: 1) the owner(s) of 48
Saddleback Road, and (2) the owner(s) of 49 Saddleback Road.
Section 14. This decision is final upon adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by City Council this 12th day of March 2012.
DXA1V19
James Mall Mayor
ATTEST:
An er
City Clerk
J
Resolution No. 1118 -4-
1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1118 entitled:
VIEW IMPAIRMENT APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT
CASE FILED BY MS. OKSANA BIHUN, 49 SADDLEBACK ROAD
AGAINST TREES LOCATED ON PROPERTY OWNED BY MR.
HOWARD HALL, 48 SADDLEBACK ROAD AND SETTING FORTH
RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. THE
APPEAL WAS FILED BY MR. HOWARD HALL.
was approved and adopted at a meeting of the City Council on March 12, 2012, by the
following roll call vote:
AYES: Councilmembers Heinsheimer, Lay, Pernell, Mayor Pro Tem Hill and
Mayor Black.
ti
NOES: None.
ABSENT: None.
ABSTAIN: None.
44nZArbruch
City Clerk
Resolution No. 1118 -5-
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