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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. Resolution No. 1118 -1- 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 Resolution No. 1118 -2- 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 Resolution No. 1118 -3- 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- 11 View Area D rD aj I Ll I I Nn -ResOlAlf'oll Zl ".