2015-02 OcchipintiRESOLUTION NO. 2015-02 CTV
A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES
AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT
TO 34 CREST ROAD EAST CAUSED BY SPECIFIC TREES
LOCATED AT 33 CREST ROAD EAST AND SETTING FORTH
RESTORATIVE ACTION TO ABATE THE IMPAIRMENT.
THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS OF THE CITY OF
ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. On February 28, 2013 a view impairment complaint ("Complaint") was jointly filed
by Mr. and Mrs. Occhipinti, property owners of 34 Crest Road East, and Mr. and Mrs. Fournier,
property owners of 30 Crest Road East, claiming that view impairment was caused by trees located at 33
Crest Road East, owned by Mr. and Mrs. Sherman. The owners and all future owners of 33 Crest Road
East are collectively referred to in this Resolution as "Owners of 33 Crest Road East."
Section 2. The Complaint was referred to a mediator to conduct mediation services pursuant to
Rolling Hills Municipal Code 17.26.040, Paragraph B.
Section 3. After that mediation failed to achieve agreement, Mr. and Mrs. Occhipinti,
("Complainants") on March 10, 2014 separately from Mr. and Mrs. Fournier, applied to the City of
Rolling Hills Committee on Trees and Views (CTV) for resolution of the complaint and requested a
public hearing before the CTV.
Section 4. In the application, the Complainants request that their view of the ocean, Catalina
Island, Queen's Necklace and Channel Islands be restored to 1970, when they acquired the property.
The Grant Deed dated 1970 names the Occhipintis as the purchasers of the property. The applicants state
that when they acquired their property the view was unobstructed and there was no home at 33 Crest Rd.
E. and no trees in their view.
Section 5. 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. The subject
public hearing, after several postponements of the hearing, was conducted on June 17, 2014, October 2,
2014 and on November 5, 2014 and included a field trip on August 21, 2014 to 34 Crest Road East and
33 Crest Road East. Evidence was heard and presented from all persons interested in the matter and
from members of the City staff. The Committee reviewed, analyzed and studied the evidence submitted.
Section 6. In June 1988, the City adopted a View Preservation Ordinance. The ordinance
established preservation of views as a primary value of the community and created a process by which a
property owner could seek to abate an obstructed view. In November 2003, the ordinance was modified
relative to the composition of the Committee on Views and Trees, the body designated to consider view
applications.
In March 2013, the residents of Rolling Hills passed Measure B amending the View Preservation
Ordinance. The principal effect of Measure B was that it shifted the protection of the ordinance from
views that are capable of being enjoyed from a property to views that were actually enjoyed from a
property when the property owner acquired the property. In particular, the initiative amended the view
ordinance as follows:
The ordinance protects only a view that existed when the current property owner acquired
ownership of the property;
The ordinance limits the protection of the ordinance to views obstructed by "maturing"
vegetation, thereby excluding views obstructed by trees that were "mature" at the time of the
property acquisition; and
The intent of the ordinance is to cause restoration of views to "view corridors," and "views
through trees".
Section 7. The Rolling Hills Committee on Trees and Views finds as follows regarding the
Complaint:
A. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D (3), a view existed from
34 Crest Road East in 1970, when the Complainants acquired the property as defined in Section
17.12.220 "View" of the Municipal Code and depicted in the photograph attached hereto as Exhibit A.
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The Committee finds that the viewing area for 34 Crest Road East is a living room to the east of the
main entrance, a bedroom to the west of the main entrance, and areas immediately adjacent thereto along
the southern side of the residence on 34 Crest Road East, each from the standing perspective of an
average height person ("Designated Viewing Areas").
B. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D (3) and Section 17.26.090
(3), the Committee finds that the Complainants have shown by clear and convincing evidence that the
view from the Complainants' property is significantly impaired because 77 trees plus a hedge located at
33 Crest Road East significantly impair the view from the Designated Viewing Areas, as defined in
Section 17.12.220 "View Impairment" of the Rolling Hills Municipal Code and as specified in Section
7A above.
C. Pursuant to Rolling Hills Municipal Code Section 17.26.050 E, the Committee finds the
restorative action set forth below in this Resolution is necessary to abate the view impairment by
creating view corridors and views through trees, that the restorative action will not adversely affect the
environment, and that the action will not unreasonably detract from the enjoyment or privacy of the
property at 33 Crest Road East.
D. 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 15304 (Minor Alterations of Land) and Section 15061(b)(3) ("Common Sense Exemption") of
the CEQA Guidelines. The project is exempt because only two trees will be removed; one is a dead
eucalyptus (Tree 39) and the other is a live black pine (Tree 71). Neither tree is known to be located in
an environmentally sensitive area. Section 15304 exempts minor alterations of land, but does not
include removal of "healthy, mature, scenic trees" except for limited purposes not applicable here. This
project does not involve removal of multiple "healthy, mature, scenic trees" because one of the two trees
to be removed is dead; thus, the project falls within the categorical exemption. Additionally, no
evidence was presented to the City during the site visits or through written or verbal testimony that Tree
71 serves as a habitat for wildlife species that cannot occupy the remaining approximately 120 trees on
the property, which include several other pine trees. The remainder of the trees impacted by the project
will experience crown reduction or lacing, but a substantial amount of their foliage will remain and no
evidence was introduced to suggest that the crown reduction or lacing will cause an adverse
environmental impact. Thus, it can be said with certainty that there will be no environmental impact
from the proposed removal of one live tree and one dead tree.
E. With the exception of Tree 39 and 71, this order provides for cleaning out, shaping up
and trimming, lacing and reducing the height of the crowns of the trees rather than removing the trees.
F. The Initial Restorative Action and Maintenance set forth in this resolution provides for the
work to be done in winter months, per the recommendation of the selected Arborist and per International
Society of Arboriculture (ISA) standards.
G. As stated in Section 1 above, originally a joint complaint was filed against trees located
on the property at 33 Crest Road East by Complainants from two separate properties. The City has
adopted City Council Resolution No. 1167 on January 26, 2015, in which the City has ordered the
Fournier's view restored by restorative action with respect to sixty-three (63) trees and the hedge located
on the 33 Crest Road East property (the "common trees"). The common trees obstruct the Complaniants'
view (as well as the Fournier's view). In addition to the common trees, the CTV has determined that an
additional 14 trees affect the Complainants' view only (and such 14 trees are numbered 29, 32, 34-35,
90-91, and 93-100 on the Tree Survey.) The Complainants provided a Tree Survey of trees located at 33
Crest Road East, conducted by a Certified Surveyor, and the trees were identified by a Certified
Arborist. The trees have been identified by numbers as Tree Number One through Tree Number 121,
which includes the hedge, looking in a southwesterly and southeasterly direction from the perspective of
the Fournier and Occhipinti properties. The tree survey plan is hereby attached as Exhibit B.
Section 8. The Committee therefore orders the following restorative action pursuant to Rolling
Hills Municipal Code Section 17.26.050 E.
A. Pursuant to Rolling Hills Municipal Code Section 17.26.060 A, within thirty (30)
calendar days of adoption of this resolution, the Complainants are hereby required to obtain and present
to the Owners of 33 Crest Road East, a minimum of 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
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in the amount of the lowest bid, sufficient to cover 50 percent of the Initial Restorative Action on the
"common trees" (as contribution toward the deposit that the owners of 30 Crest Road East are required
to provide pursuant to Section 10(E) of City Council Resolution No. 1167, adopted January 26, 2015)
and to cover 100 percent of the Initial Restorative Action for the remaining 14 trees. 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. Pursuant to Section 17.26.060 B, the Owners of 33 Crest Road East 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 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
March 9, 2015 provided that a cash deposit in the full amount of the lowest bid for the initial restorative
action has been received.
C. Subsequent maintenance of the subject vegetation shall be performed at the cost and
expense of the owners of 33 Crest Road East. All vegetation subject to the restorative action described in
this Resolution and any future planting, including replacement trees, 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
detailed below, is preserved. The trees shall be maintained so as to not allow for future view
impairments from the Designated Viewing Areas of 34 Crest Road East. Tree maintenance shall be
done in the winter months (December — March) and shall be completed by March 9 of each year in
which the work is to be done, as specified in paragraph F of this section of this Resolution.
D. An informational covenant shall be recorded against the title of 33 Crest Road East 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 77 trees and a hedge as identified on the
Tree Survey plan and the Initial Restorative Action described below.
F. The initial restorative action ("Initial Restorative Action") shall consist of the following:
Tree #
Tree Type
Action
Maintenance
1
Eucalyptus
Crown reduction to ridgeline of house
Every two years
2-3
Olive Tree
Crown reduction to ridgeline of house
Every two years
6
Eucalyptus
Crown reduction to ridgeline of house
Every two years
7
Canary Island Pine
Lace
Every two years
8
Brazilian Pepper
Crown reduction to ridgeline of house
Every two years
9-16
Photinia
Crown reduction to ridgeline of house
Every two years
17
Pittosporum
Crown reduction to ridgeline of house
Every two years
18
BrazilianPepper
Crown reduction to ridgeline of house
Every two years
19
Pittosporum
Crown reduction to ridgeline of house
Every two years
20-23
Eucalyptus
Crown reduction to ridgeline of house
Every two years
24-27
Eucalyptus
Crown reduction to ridgeline of house
Every two years
30
Canary Island Pine
Lace
Every two years
31
Pittosporum
Crown reduction to ridgeline of house
Every two years
33
Canary Island Pine
Lace
Every two years
39
Eucalyptus
Remove
44
Pittosporum
Crown reduction to ridgeline of house
Every two years
*51
Redwood
Height reduction to ridgeline of house
Every two years
60-63
Canary Island Pine
Lace
Every two years
66-70
Melaleuca
Crown reduction to ridgeline of house
Every two years
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71
Black Pine
Remove, including stump & roots
72
Pittosporum
Crown reduction to ridgeline of house
Every two years
73-78
Melaleuca
Crown reduction to ridgeline of house
Every two years
82-85
Melaleuca
Crown reduction to ridgeline of house
Every two years
86
Podocarpus
Crown reduction to ridgeline of house
Every two years
101
Brazilian Pepper
Crown reduction to ridgeline of house
Annually
102
Olive Tree
Maintain height to ridgeline of house
Annually
103-110
Brazilian Pepper
Maintain height at ridgeline of house
Annually
111
Photinia (Hedge)
Maintain height at ridgeline of house
Annually
29
Eucalyptus
Crown reduction to ridgeline of house
Every two years
32
Brazilian Pepper
Crown reduction to ridgeline of house
Every two years
34-35
Pittosporum
Crown reduction to ridgeline of house
Every two years
90
Pittosporum
Crown reduction to ridgeline of house
Every two years
91
Monterey Pine
Cut the tree to 8' height from the base of the tree
Every two years
93-94
Brazilian Pepper
Crown reduction to ridgeline of house
Every two years
95-97
Eucalyptus
Lace
Every two years
98-100
Brazilian Pepper
Crown reduction to ridgeline of house
Every two years
*Tree #51. The applicant shall provide a certificate from the surveyor stating that the entire tree trunk is
located within the boundary of the Sherman Property. Otherwise no action shall be taken.
G. The actions described above shall be accomplished per ISA industry standards and best
arborist practices, and the following definitions shall apply:
Crown Reduction: Height reduction to specified height by removing selective branches, deadwood,
stems and foliage to reduce the height and spread of a tree.
Lace: Thin out thick areas of the canopy to expose the structure of dominant branches, clean out the
crown, shaping and balancing the tree.
Ridaeline of house: The higher of the two ridgelines at 33 Crest Road East existing on the date of this
Resolution, as perceived from the Designated Viewing Areas at 34 Crest Road East.
Section 9. Upon conclusion of the Initial Restorative Action, the Complainant shall contact the
City to schedule a site visit during which City staff shall visit 34 Crest Road East and take photograph(s)
from the Designated Viewing Areas to be attached as Exhibit for the purposes of establishing
the level of restorative action for future maintenance.
Section 10. There shall be no restorative action required for the remainder of the trees on the
property at 33 Crest Road East not listed in the Initial Restorative Action in this Resolution. However,
trees on the property not included in this Resolution shall be maintained at current configuration and any
new growth that extends into the views established by this Resolution shall be removed at the same time
as the maintenance is conducted for the other trees, at the sole expense of the Owners of 33 Crest Road
East.
Section 11. The parties by mutual agreement, if they so desire, may modify 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 recorded.
Section 14. In the event that any party requests inspection of implementation of CTV Resolution
2014-02 on grounds that the restorative action or maintenance is not compliant with this Resolution, the
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City may be required to incur substantial costs in investigating the complaint. Therefore, the City shall
be entitled to recover its costs from a non-compliant party, for activities including, but not limited to,
hiring independent consultants.
PASSED, APPROVED AND ADOPTED by Members of the Committee on Trees and Views
this 28th day of January 2015.
J V. Smith
Chairperson
ATTEST:
Heidi Luce
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF ROLLING HILLS )
The foregoing CTV Resolution No. 2015-02 entitled:
A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES
AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT
TO 34 CREST ROAD EAST CAUSED BY SPECIFIC TREES
LOCATED AT 33 CREST ROAD EAST AND SETTING FORTH
RESTORATIVE ACTION TO ABATE THE IMPAIRMENT.
was approved and adopted at a meeting of the Committee on Trees and Views on January 28, 2015, by
the following roll call vote:
AYES: Committee Member Mirsch and Chairperson Smith.
NOES: Committee Member Gray.
ABSENT: None.
ABSTAIN: None.
*Vd,w)
Heidi Luce
City Clerk
This decision is final 20 days from its adoption unless appealed to the City Council pursuant to Chapter
17.54 of the Rolling Hills Municipal Code.
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