1127RESOLUTION NO. 1127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
ADOPTING A MITIGATED NEGATIVE DECLARATION AND PARTIALLY
GRANTING AND PARTIALLY .DENYING AN APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW IMPAIRMENT CASE FILED BY
MR. AND MRS CURTIS REIS, 1 WAGON LANE, AGAINST TREES LOCATED ON
PROPERTY OWNED BY CHRISTINE GREENBERG, 32 PORTUGUESE BEND
ROAD, AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE
IMPAIRMENT.
THE ROLLING HILLS CITY COUNCIL DOES HEREBY FIND, RESOLVE. AND ORDER AS
FOLLOWS:
Section 1. A view impairment complaint ("Complaint") was filed by Mr. and Mrs. Curtis
Reis at 1 Wagon Lane on April 1, 2011 (collectively referred to in this Resolution as "Complainants"),
claiming that trees located at 32 Portuguese Bend Road caused view impairment and requesting a
restorative action pursuant to Rolling Hills Municipal Code 17.26.050 Paragraph E. The Owner and all
future Owners of 32 Portuguese Bend Road are collectively referred to in this Resolution as "Owner of
32 Portuguese Bend Road."
Section 2. The Complaint was referred to a certified mediator to conduct mediation services
pursuant to Rolling Hills Municipal Code 17.26.040, Paragraph B.
Section 3. After mediation failed to achieve agreement, a public hearing was properly
noticed and advertised before the Committee on Trees and Views pursuant to Rolling Hills Municipal
Code Sections 17.26.040, Paragraph C and 17.26.050, Paragraphs A and B.
Section 4. The City prepared an Initial Study to review the environmental impacts of the
proposed restorative action ("Project") 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"). The Initial Study found that, with the
implementation of mitigation measures, there is no substantial evidence that the Project would have a
significant effect on the environment. Accordingly, a mitigated negative declaration was prepared. The
mitigated negative declaration was circulated for public review and comment in accordance with CEQA
Guidelines Sec. 15072 from October 28, 2011 to November 28, 2011. Comments were received and a
revised Initial Study and Notice of Revised Mitigated Negative Declaration were prepared and
recirculated pursuant to CEQA Guidelines Sec. 15072 and 15073.5 from February, 8 through February.:
28, 2012. The Revised Mitigated Negative Declaration (including revised Initial Study) was prepared
for this Project and reflected the Committee on Trees and Views' independent judgment and analysis.
The Committee on Trees and Views thereafter adopted the Revised Mitigated Negative Declaration
("MND") of Environmental Impacts proposed for this Project with revised mitigation measures
("MMs"). The Committee on Trees and Views found that, with the adoption of the MMs, there would be
no substantial evidence that the Project would have a significant impact on the environment because the
MMs are sufficient to reduce all identified environmental impacts to less than significant levels.
Subsequently, the Committee on Trees and Views adopted a revised Mitigation Monitoring and
Reporting Program in order to ensure compliance and ongoing monitoring with the MMs.
Section 5. The Committee on Trees and Views held public hearings on the Complaint on
October 18, 2011, November 14, 2011, November 22, 2011, December 13, 2011, February 28, 2012,
March 20, 2012, May 15, 2012 and June 19, 2012 and including two field trips to 1 Wagon Lane and 32
Portuguese Bend Road. Evidence was heard and presented from all persons interested in the Project and
from members of the City staff. The Committee on Trees and Views reviewed, analyzed and studied the
evidence submitted.
Section 6. Throughout the Committee on Trees and Views' public hearing process, the
Owners of 32 Portuguese Bend Road, the Complainants and interested members of the public offered a
variety of proposals for the restorative action. Proposals have varied from the Owner's of 32 Portuguese
Bend Road at one time proposing to remove 89 trees as long as tree stumps were also removed and
replacement trees provided, and a later proposal to remove 53 trees and relocate and/or plant 17 new
trees all at the complainants expense, including maintenance, to proposals from others to remove far
fewer trees but employ trimming, thinning out, cleaning out and shaping up and reducing the crowns of
some trees.
Resolution No. 1127 -1-
Section 7. Because the City does not have an arborist on staff, the services of an arborist
("Arborist") were engaged to serve as an additional staff resource to assist the Committee regarding
technical issues as authorized by the View Preservation Ordinance ("VPO"), Rolling Hills Municipal
Code, Chapter 17.26. The Arborist was retained at the Complainant's expense, to evaluate the means of
providing a view to the northwest to the Santa Monica Bay and a view to the northeast of the City Lights
from the patio of 1 Wagon Lane, Rolling Hills with the least environmental impacts. The Committee
instructed that the scope of work consider one hundred eight (108) trees on the property of 32
Portuguese Bend Road which were identified as potentially in the line of sight of the Santa Monica Bay
and City Lights views, and that the final report include the estimated cost of the remediation and on-
going maintenance.
Section 8. The Arborist presented his recommendations at the May 14, 2012 Committee
meeting. The Owner of 32 Portuguese Bend Road, the Complainants and other interested members of
the public commented on the Arborist's recommendations. Supplemental reports dated June 8, 2012 and
June 14, 2012 were received from the Arborist and were presented to the Committee at the June 19, 2012
meeting and public comments were received and considered by the Committee. The Resolution of
restorative actions adopted by the Committee on June 19, 2012 contains the arborist's recommendations.
Section 9. Pursuant to Section 17.26.050 Paragraph F of the Rolling Hills Municipal Code,
an appeal may be filed by any aggrieved party within twenty days of the Committee's decision. On July
9, 2012, Christine Greenberg, the property owner of 32 Portuguese Bend Road, filed an appeal of the
Committee's decision to the City Council.
Section 10. Pursuant to Section 17.54.015 and 17.54.060 of the Rolling Hills Municipal Code,
the City Council held duly noticed public hearings on the appeal on July 23, 2012, August 27, 2012 and
September 24, 2012 and visited both properties on August 20, 2012.
Section 11. The City Council reviewed the Revised Mitigated Negative Declaration
("MND"). Further, after holding a public hearing on September 24, 2012, the City Council finds that the
revised Mitigation Measure Aesthetics 2, set forth in Exhibit A attached hereto, which was revised in
response to comments received, is equal to or more effective in mitigating or avoiding potential
significant environmental impacts than was the original measure contained in the original Revised
Mitigated Negative Declaration and will not, in an of itself, cause any potentially significant impacts in
compliance with the requirements of §15074.1 of the CEQA Guidelines. The City Council finds that
with the adoption of the MMs, including the revised Mitigation Measure Aesthetics 2, there is no
substantial evidence that the proposed restorative action ("Project") would have a significant impact on
the environment because the MMs are sufficient to reduce all identified environmental impacts to less
than significant levels. The Revised Mitigated Negative Declaration (including revised Initial Study)
that was prepared for this Project reflects the City Council's independent judgment and analysis. The
City Council hereby adopts the MND with the revised mitigation measures ("MMs") listed in Exhibit A
attached to this Resolution and incorporated herein by this reference. The City Council hereby further
adopts the revised Mitigation Monitoring and Reporting Program set forth in Exhibit B attached to this
Resolution and incorporated herein in order to ensure compliance and ongoing monitoring with the
MMs.
Section 12. Prior to the City Council August 27, 2012 meeting the Arborist submitted a
Supplemental Report dated August 23, 2012, which supplements and corrects the May 9 and June 14,
2012 reports. At its re -noticed public hearing of September 24, 2012, the City Council directed staff to
prepare a Resolution incorporating trees to provide a Santa Monica Bay view.
Section 13. The Rolling Hills City Council finds as follows regarding the Appeal:
A. Pursuant to Rolling Hills Municipal Code Section 17.26.050, a view exists from 1 Wagon
Lane as defined in Section 17.12.220 "View" of the Municipal Code. The Council fords that the view
area for 1 Wagon Lane is the patio area at the north side of the house, immediately outside the
living/dining area, from the standing perspective of an average height person ("Designated View Area")
as depicted on the aerial photograph attached hereto as Exhibit C and incorporated into this Resolution
by this reference.
B. Pursuant to Rolling Hills Municipal Code Section 17.26.050 Paragraph D (3), the
Council finds that the view on the Complainants' property is significantly impaired because existing
trees 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.
Resolution No. 1127 -2-
C. Pursuant to Rolling Hills Municipal Code Section 17.26.050 E the restorative action set
forth below in Section 15 of this Resolution ("Restorative Action") 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 and privacy of the property at 32 Portuguese Bend Road.
These findings are met because the conditions included in this resolution, including the MMs set forth in
the MND, preserve the environment and privacy of the property. Further, only a corridor view is
ordered rather than a panoramic view to preserve the environment and privacy. Further, evidence was
found that many of the trees ordered to have their crowns reduced had previously been reduced to a
point at or above where they are currently proposed to be reduced and have thrived. Many of the trees
to be removed are either dead, diseased, "volunteers" or suckers due to the appearance of deferred
routine maintenance of the trees, so this restorative action will improve the environment by addressing
this deferred maintenance. Finally, the evidence shows that substantial vegetation remains on the
property even after the restorative action to preserve privacy and the environment.
D. The word "restore" as used in Chapter 17.26 means to allow for a view that would
otherwise exist but for the vegetation, regardless of time. It is not restoration of a view that was enjoyed
by any particular person on any particular date, but by a property.
Section 14. The City Council finds that the restorative action regarding the trees on 32
Portuguese Bend Road complies with the MMs for the following reasons:
A. Whenever possible, the restorative action set forth in this resolution orders trimming,
thinning out, cleaning out and shaping up rather than removing or reducing the crown of view impairing
trees to preserve views for the Complainants while preserving the visual character and quality of the site
as required by Mitigation Measure Aesthetics 1.
B. The restorative action set forth in this resolution orders removal of 13 trees, which
constitutes approximately 6% of the trees and trimming, lacing and crown reduction of 21 trees, which
constitutes approximately 12.5% of the total trees on 32 Portuguese Bend Road, of which, the Arborist
has determined four trees are stressed or declining. This is far below the 20% (40) trees permitted to be
removed by Mitigation Measure Aesthetics 2.
C. This order provides for thinning out, cleaning out, shaping up and trimming of trees to
the greatest extent possible rather than topping or removing them around the focal points of the property
such as the entrance to the driveway as required by Mitigation Measure Aesthetics 3.
D. The Initial Restorative Action set forth in this resolution provides that trimming, cutting
and thinning out, cleaning out and shaping up of the trees shall occur outside the avian nesting season
(approximately February 1- August 31) unless the Biological Resources MMS are complied with. In
addition, the subsequent maintenance of the trees shall be performed every other year, no earlier than
September 1 and no later than December 1, which is also outside the avian nesting season.
Section 15. Based upon the foregoing findings the City Council orders the following
restorative action pursuant to Rolling Hills Municipal Code Section 17.26.060.
A. The Restorative Action shall consist of two components: the Initial Restorative Action
and subsequent maintenance ("Maintenance"). The Initial Restorative Action shall be accomplished
with reference to the Site Plan of numbered trees attached hereto as Exhibit D and incorporated herein
by reference. The Initial Restorative Action shall consist of:
1. To provide the City lights and Mountain view:
Trees #71 and 73 reduce crown by 12-15 feet, clean out and shape up
Tree #72 remove, including stump grinding to 4-6 inches below grade
Trees #82-89 reduce crown by 6-8 feet, clean out the middle, remove all sucker growth and
water sprouts, and lightly shape up canopies
Trees #90-101 remove, including stump grinding to 4-6 inches below grade
Trees # 104-106, and 108, reduce crown by 8-10 feet, lightly lace out and shape
Tree #107 -Particular care should be taken with regard to Tree #107 such that it is thinned,
cleaned out, shaped and dead branches removed with crown reduction not to exceed 20 ft. as
to allow a view through the crown.
2. To provide the Santa Monica Bay view:
Trees #11, 13, 15, 18, 19, and 20 reduce crowns to a height within the range of 35-40 feet
from ground level, clean out dead wood, cut back longer, heavier laterals and shape trees as
proportionately as possible.
Resolution No. 1127 -3-
B. The Initial Restorative Action shall comply with the following:
1. The Initial Restorative Action shall be completed by December 22, 2012.
2. If the Complainants choose to have the Initial Restorative Action conducted outside the
avian nesting period (February 1 — August 31), then by November 6, 2012, the Complainants are
hereby required to obtain and present to the Owners of 32 Portuguese Bend 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 that protects and indemnifies the City and the
Complainants and the Owners of 32 Portuguese Bend from damages attributable from negligence
or wrongful performance of the work. Any such insurance shall be subject to the approval of the
City.
3. If the Complainants prefer that the Initial Restorative Action occurs between February 1
and August 31, the Complainants shall engage at their sole expense, a qualified biologist,
approved by the City, who shall conduct a pre -work survey of nesting birds in compliance with
the MMs listed in the Biological Resources section of the MND. The Owners of 32 Portuguese
Bend Road shall allow the qualified biologist access onto the property for solely the pre -work
survey.
If a qualified biologist completes a pre -work survey of nesting birds and finds that the
restorative action may take place during the avian nesting period in compliance with the MMs
listed in the Biological Resources section of the MND, the Complainants are thereafter required
to obtain and present to the Owners of 32 Portuguese Bend Road within one month of
completion of the survey, 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 and the Owner of 32 Portuguese Bend
Road from damages attributable from negligence or wrongful performance of the work. Any
such insurance shall be subject to the approval of the City. If nesting birds are present in the
impact area, a buffer around the nest and up to 500 feet from the nest will be flagged as
determined by the qualified biologist. All activities must occur outside the buffer area until a
qualified biologist determines that the young are no longer dependent on the nest and that no new
nesting activity has occurred in the flagged area by another pair of birds.
4. If the Owner of 32 Portuguese Bend Road causes a delay that results in the
implementation of the restorative action during the avian nesting period, other than a delay
attributable to its exhaustion of judicial remedies, the Owner of 32 Portuguese Bend Road shall
be responsible for completing the restorative action consistent with the MMs listed in the
Biological Resources section of the MND.
5. The Owner of 32 Portuguese Bend Road may select any of the three (3) licensed and
qualified contractors to perform the Initial Restorative Action (as long as the insurance
requirement of the above paragraph is satisfied), but shall pay for any cost above the amount of
the lowest bidder. The Owner of 32 Portuguese Bend shall have seven (7) days to select the
contractor. The Owner of 32 Portuguese Bend Road shall ensure that the Initial Restorative
Action is completed within thirty days of Complainants providing the cash or check deposit.
6. As an alternative to the Complainants providing the cash or check deposit amount
directly to the Owner of 32 Portuguese Bend Road as set forth in this Section 15, subsections B.2
and B.3. no later than when three (3) bids are provided by the Complainants to the Owner of 32
Portuguese Bend Road per subsections B.2 and B.3, the Complainants and Owner of 32
Portuguese Bend Road may mutually agree, negotiate and create a privately established account,
funded by the Complainants, to hold and distribute the payment(s) to the contractor performing
the Initial Restorative Action.
7. The City Manager shall engage the services of an independent arborist to assist in
implementation of the Initial Restorative Action. The arborist shall supervise the work in order
to assure that no more trimming is performed than is necessary to accomplish the remedy set
forth in Section 15. A. of this Resolution. The contract with the contractor shall provide that the
contractor shall adhere to the directives of the arborist.
Resolution No. 1127 -4-
8. Upon conclusion of the Initial Restorative Action, but no later than December 22, 2012,
the Owner of 32 Portuguese Bend Road shall contact City staff. City Manager, or City
Manager's designee, shall visit 1 Wagon Lane to view the restorative actions from the'
Designated View Area to determine if any additional work is necessary to comply with Section
15. A. of this Resolution. If additional work is required, pursuant to Section 15. A., then the
Owner of 32 Portuguese Bend Road shall ensure such work is completed and the Complainants
shall pay for it. When the City Manager, or City Manager's designee, is satisfied that the work is
in compliance with the requirements of the Initial Restorative Action, he or she shall take a
photograph from the Designated View Area at 1 Wagon Lane for the purposes of establishing the
level of restorative action for the future maintenance requirement of the Owner of 32 Portuguese
Bend Road. Such photograph shall be recorded with this Resolution pursuant to Section 16
below.
9. The Complainants, upon receipts being provided to them, shall reimburse the Owner of
32 Portuguese Bend Road an amount not to exceed $4,000. The owner of 32 Portuguese Bend
Road shall have the sole discretion to determine whether this allowance of not to exceed $4,000
will be for new trees or for stump removal from trees to be removed, as specified in Section 15.
A. of this Resolution, or both. The new trees shall be located in the general location of the
removed trees and must be planted within one (1) year of the completion of the Initial
Restorative Action. All new trees shall be of such species that are not expected to grow more
than 20 feet in height and shall be maintained as set forth in paragraph C below.
If the Owner of 32 Portuguese Bend Road wants to plant new trees or remove stumps more
than one (1) year after completion of the Initial Restorative Action, such planting shall be at the
sole expense of Owner of 32 Portuguese Bend Road.
C. Subsequent maintenance of the subject vegetation ("Maintenance") shall comply with the
following:
1. Maintenance shall be performed by the Owner of 32 Portuguese Bend Road and be
completed by December 1 of every other year, beginning in 2014. The cost of Maintenance shall
be the responsibility of the Owner of 32 Portuguese Bend Road. All vegetation subject to the
restorative action described in Section 15. A. of this Resolution, and any future planting
including replacement trees, shall be maintained as shown in the photograph to be taken by City
staff or designee following the Initial Restorative Action, as required in Section 15.B.8. above.
2. Maintenance shall occur outside the avian nesting period (February 1 — August 31) in
compliance with the MMs listed in the Biological Resources section of the MND.
3. Should the Complainants by December 1 of the year when the Maintenance takes place
believe that restorative actions have not been performed in accordance with subparagraph 1
above of this paragraph C, they may request that the City inspect and make a determination
whether any additional work is necessary for the restorative action to comply with this
Resolution. Upon a request to inspect the restorative action, the City Manager, or designee, shall
view the restorative actions from the Designated View Area at 1 Wagon Lane to determine if any
additional work is necessary and if the restorative action is in compliance with Section 15. A. of
this Resolution. If additional work is required, then the Owner of 32 Portuguese Bend Road
shall ensure such work is completed.
D. For the costs of the inspection(s) of restorative actions as provided for in subsections A.
and B. above, there shall be on deposit with the City of Rolling Hills at all times a total amount of $500.
The Owner of 32 Portuguese Bend Road shall provide the City with $250.00 and the Complainant shall
provide the City with $250.00 within 30 days of the passage of this Resolution. If it is determined that
no additional restorative action is required, the City will draw funds from the Complainants' account for
the cost of the inspection. If it is determined that the restorative action is not in compliance with this
Resolution, the Owner of 32 Portuguese Bend Road shall be required to perform additional work and the
City will draw funds from deposit made by the Owner of 32 Portuguese Bend Road for the cost of the
inspection. The party determined to be responsible for the cost of the inspection shall replenish the
deposit in an amount equal to the cost up to $250.00.
E. Subsequent maintenance of the subject vegetation shall be performed by the Owner of 32
Portuguese Bend Road and be completed by December 1 of every other year, except that the restorative
actions required by Section 15. A. of this Resolution shall be completed by December 22, 2012. The
cost of Maintenance shall be the responsibility of the Owner of 32 Portuguese Bend Road. All
vegetation subject to the restorative action described in Section 15. A. of this Resolution, and any future
Resolution No. 1127 -5-
planting including replacement trees, if any, shall be maintained so that the view shown in the
photograph to be taken by City staff or designee following the Initial Restorative Action, as required in
Section 15.B.8. above, is restored.
F. If the Owner of 32 Portuguese Bend Road wants to replace and or plant trees after the
passage of this Resolution, such replacement shall be at the Owner's sole expense. All replacement trees
shall be of such species that are not expected to grow more than 20 feet in height and shall be
maintained as set forth in subsection E above.
G. There shall be no restorative action required for the remainder of the trees on the
property, if restorative action is not called for in Section 15. A. of this Resolution. However, such trees
shall be maintained so as not to interfere with the view established as shown in the photograph to be
taken by City staff or designee following the Initial Restorative Action, as required in Section 15.B.8
above. Any new growth that extends into the views established by the restorative actions specified in
Section 15. A. of this Resolution shall be removed on or before December 1 of every other year at the
same time as the maintenance is conducted for the trees subject to Section 15. A. of this Resolution, at
the sole expense of the Owner of 32 Portuguese Bend Road.
Section 16. This Resolution shall serve as a notice of this decision and shall be recorded
together with the Exhibits, and the photograph required by Section 15.13.8. above, 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 17. The parties by mutual agreement, if they so desire, may propose to the City
Council a modification to the implementation action in this Resolution, as set forth in Rolling Hills
Municipal Code Section 17.26.060 D. Any such mutual agreement shall be reviewed by the City
Council, and if the City Council finds that grounds exist to justify such a modification, the modification
shall be recorded. For purposes of this Section the "parties" shall be defined to mean: 1) the Owner(s)
of 32 Portuguese Bend Road, and (2) the Owner(s) of 1 Wagon Lane.
Section 18. Reliance on Record. Each and every one of the findings and determinations in
this Resolution are based on the competent and substantial evidence, both oral and written, contained in
the entire record relating to the project. The findings and determinations constitute the independent
findings and determinations of the City Council in all respects and are fully and completely supported by
substantial evidence in the record as a whole.
Section 19. Summaries of Information. All summaries of information in the findings that
precede this section are based on the substantial evidence in the record. The absence of any particular
fact from any such summary is not an indication that a particular finding is not based in part on that fact.
Section 20. The Complainants shall pay any fees imposed by California Department of Fish
and Game in connection with filing of the Notice of Determination in connection with adoption of this
Resolution.
Section 21. This decision is final upon adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by City Council this 8`h day of October 2012.
James Bla M.D.
Mayor
Resolution No. 1127 -6-
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing Resolution No. 1127 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
ADOPTING A MITIGATED NEGATIVE DECLARATION AND PARTIALLY
GRANTING AND PARTIALLY DENYING AN APPEAL OF A DECISION OF THE
COMMITTEE ON TREES AND VIEWS IN A VIEW HvIPAIRMENT CASE FILED BY
MR. AND MRS CURTIS REIS, 1 WAGON LANE, AGAINST TREES LOCATED ON
PROPERTY OWNED BY CHRISTINE GREENBERG, 32 PORTUGUESE BEND
ROAD, AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE
IMPAIRMENT.
was approved and adopted at a meeting of the City Council on October 8, 2012, by the following roll
call vote:
AYES: Councilmembers Heinsheimer, Lay and Mayor Black.
NOES: Councilmember Hill.
ABSENT: None.
ABSTAIN: Councilmember Pernell (recused).
Anto
City
n Dah
Cler
Resolution No. 1127
-7-
EXHIBIT A
SECOND REVISED MITIGATED MEASURES
The revised mitigation measures which replace those in the Revised Mitigated Negative Declaration for the Reis -
Greenberg Restorative Action are shown in the Table below.
TABLE
Mitigation Measures Revised
REVISED TEXT OF MITIGATION MEASURE
Aesthetics Whenever possible, trim and thin rather than remove or reduce the crown of the
1 view impairing trees to preserve views for surrounding properties while preserving
the visual character and quality of the site
Aesthetics Remove and/or reduce the crown of no more than twenty percent (20%) of the
2 trees on the subject property. Staff has counted the number of trees on the
property and identified more than 200 trees. Therefore, revised Mitigation Measure
2 proposed above is more effective than the current Mitigation Measure Aesthetics
2 set forth in the Revised Mitigated Negative Declaration adopted by the
Committee on Trees and Views because it protects 80 percent of the trees on the
property from being removed or having the crowns reduced. This is significantly
more than the current Mitigation Measure Aesthetics 2, which only protected 50%
of the 200 trees on the property. With this revision, only 40 trees will be subject to
removal or reduction. (In fact, note that currently only 34 trees are recommended
in the attached Resolution to be so impacted.) Given that substantially less trees
are now permitted be removed or reduced, it is no longer necessary to require the
replacement of the few trees that may die after their crowns are reduced in order to
ensure that there will be no potentially significant impact. Further, evidence
presented by the Arborist showed that many of the trees that are proposed to have
their crowns reduced have been reduced before at or above the point proposed, so
these trees have shown resiliency in the past after reduction in crowns.
Aesthetics Thin and trim trees to the greatest extent possible rather than reduce the crown or
3 remove them around focal points of the property such as the entranceway.
Biological- Trimming, cutting and thinning of the trees shall generally occur outside the avian
1 nesting season (approximately February 1- August 31) of each year. However, if
the activity for the project occurs between February 1 and August 31, a qualified
biologist shall conduct a pre -work survey of nesting birds. The City shall approve
such a biologist. Either the complainants in this case or the property owner on
whose property the trees are located, as stated in the City Council Resolution No.
1127, shall be responsible to implement this mitigation measure prior to cutting,
trimming or thinning the trees, and shall be verified by the City Planning
Department.
Biological- If nesting birds occur in the impact area, a buffer around the nest will be flagged
2 and determined by a qualified biologist and up to 500 feet from the nest. All
activities will occur outside the buffer area until a qualified biologist determines that
the young are no longer dependent on the nest and that no new nesting activity
has occurred in the flagged area by another pair of birds. Either the complainants
in this case or the property owner on whose property the trees are located, as
determined by the City Council by Resolution No. 1127, shall be responsible to
implement this mitigation measure prior to cutting, trimming or thinning the trees,
and shall be verified by the City Planning Department.
Resolution No. 1127 -8-
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EXHIBIT B
CITY OF ROLLING HILLS
PROPOSED VIEW RESTORATION PROJECT MND TO BE UNDERTAKEN AT 32 PORTUGUESE BEND ROAD
MITIGATION MONITORING AND REPORTING PROGRAM
Project Approval Date:
Project File Number: Resolution No. 1127
The following mitigation measures are proposed by the City of Rolling Hills City Council to mitigate potentially
significant impacts of view restorative actions at 32 Portuguese Bend Road to allow for view restoration at 1
Wagon Lane. These measures represent formal conditions of project approval, and City staff shall monitor
progress in implementing these measures until it is determined that all measures have been fulfilled in accordance
with their original purpose and intent. This monitoring form shall be available for public review and inspection,
and final project clearance shall require that all verifications included in this form have been satisfactorily
completed.
MITIGATION MEASURES
AESTHETICS
Aesthetics -c To assure that the project would not substantially degrade
the existing visual character and quality of the site and its
VERIFICATION VERIFICATION OF COMPLIANCE
TIMING AND AGENCY I SIGNATURE IDATE
RESPONSIBILITY
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surroundings and that there be less than significant impact
the following mitigations measures have been added:
1. Whenever possible, trim and thin rather than
remove or reduce the crown of the view impairing
trees to preserve views for surrounding properties
while preserving the visual character and quality
of the site
2. Remove trees and reduce the crown of less than
one quarter of the trees on the subject property.
3. Trim and thin trees to the greatest extent possible
rather than reduce the crown or remove them
around focal points of the property such as the
entranceway.
TIMING: Details are
specified in the
Resolution for
restorative action, to be
completed by
December 1 of every
other year.
RESPONSIBLE
PARTY:
Complainants. If action
is not completed City
staff or designee will
verify compliance.
BIOLOGICAL RESOURCES
BIO -d The proposed project is not expected to substantially
interfere with the movement of any native resident or
migratory fish or wildlife species, however, nesting of
common birds have been observed in other areas of the City.
To ensure that there will be less than significant impact on
nesting birds, the following mitigation measures will be
added to the project conditions:
1. Trimming, thinning and cutting of the trees shall
generally occur outside the avian nesting season
(approximately February 1- August 31). However,
TIMING: Details are
specified in Resolution
No. 1127 for restorative
action, to be completed
EE
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if the activity for the project occurs between
February 1 and August 31, a qualified biologist
shall conduct a pre -work survey of nesting birds.
The City shall approve such a biologist. Either the
complainants in this case or the property owner
on whose property the trees are located, as
specified in Resolution No. 1127, shall be
responsible to implement this mitigation measure
prior to trimming, cutting or thinning the trees,
and shall be verified by the City Planning
Department.
2. If nesting birds occur in the impact area, a buffer
around the nest will be flagged and determined
by a qualified biologist and up to 500 feet from the
nest. All activities will occur outside the buffer
area until a qualified biologist determines that the
young are no longer dependent on the nest and
that no new nesting activity has occurred in the
flagged area by another pair of birds. Either the
complainants in this case or the property owner
on whose property the trees are located, as
specified in Resolution No. 1127, shall be
responsible to implement this mitigation measure
prior to cutting, thinning or trimming the trees,
and shall be verified by the City Planning
Department.
by December 1 of every
other year.
RESPONSIBLE
PARTY:
City of Rolling Hills
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Resolution No. 1127