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2015-03 HassoldtRESOLUTION NO. 2015-03-CTV A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT TO 18 PORTUGUESE BEND ROAD CAUSED BY SPECIFIC TREES LOCATED AT 15 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. THE COMMITTEE ON TREES AND VIEWS OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. 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 Trees and Views ("CTV" or "Committee"), 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 2. On April 24, 2014, Dr. and Mrs. Nuccion, the owners of 18 Portuguese Bend Road ("Complainants"), filed a View Impairment Complaint ("Complaint") against trees located on property owned by Mr. and Mrs. Hassoldt at 15 Portuguese Bend Road. The owners and all future owners of 15 Portuguese Bend Road are collectively referred to in this Resolution as "Owners of 15 Portuguese Bend Road." Section 3. The Complaint was referred to a mediator to conduct mediation services pursuant to Rolling Hills Municipal Code 17.26.040, Paragraph B. Section 4. After that mediation failed to achieve agreement, on December 22, 2014, the Complainants applied to the CTV for resolution of the Complaint and requested a public hearing before the CTV. Section 5. The Complainants request that their view from 18 Portuguese Bend Road of the City lights to the north of Rolling Hills be restored to the view that existed when they purchased the property in 2009 as shown in the pictures provided with the application. Proof that the property was purchased in 2009 was submitted to the City. Section 6. 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, was conducted on March 17, 2015, April 21, 2015, May 14, 2015, July 7, 2015, July 22, 2015 and September 22, 2015 and included a field trip on April 21, 2015 to both properties. Evidence was received from all persons interested in the matter and from members of the City staff. The Committee reviewed, analyzed and studied the evidence submitted. Section 7. At its July 7, 2015 meeting, the Committee determined that it did not have sufficient evidence to determine whether the trees located at 15 Portuguese Bend Road that are the subject of this Complaint were mature when the Complainants acquired their property and directed the City to retain a certified arborist to provide a neutral, independent opinion as to the maturity of the trees. The City conducted a request for proposals and selected David de la Torre as the independent arborist. Mr. De La Torre concluded that of the 11 trees at issue, only two (Tree #4A and #7) were not mature in 2009, and the remainder were mature and would therefore be ineligible for remediation under Measure B. Section 8. The Committee finds as follows regarding the Complaint: CTV Resolution No. 2015-03-CTV -1- A. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D(3), a view as defined in Section 17.12.220 "View" of the Municipal Code existed from 18 Portuguese Bend Road when the Complainants acquired the property in 2009. The view is depicted in the photographs provided by the Complainants and attached hereto as Exhibit A. The view as of the time of the complaint is depicted in photographs provided by the Complainants and attached hereto as Exhibit B. The Committee finds that the viewing area for 18 Portuguese Bend Road is a living room at the north side of the residence and a patio area immediately adjacent thereto along the northern side of the residence, from the standing perspective of an average height person ("Designated Viewing Areas"). B. Pursuant to Rolling Hills Municipal Code Section 17.12.220 "View Impairment," 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 11 trees located at 15 Portuguese Bend Road significantly impair the view of the City lights from the Designated Viewing Areas. Complainants provided an aerial photograph of the trees located at 15 Portuguese Bend Road which are the subject of this Complaint ("Obstructing Trees"). The Obstructing Trees have been identified as Tree Number One through Tree Number 9A, looking in a northerly direction from the perspective of 18 Portuguese Bend Road. The aforementioned photograph is attached as Exhibit C to this Resolution. C. Further, the Committee finds that, notwithstanding the report of Mr. De LaTorre, substantial evidence in the record, including historical photographs in ROLLING HILLS The Early Years, by A.E. Hanson (1978), shows that only two (tree #9 and #9A) of the Obstructing Trees were mature when the Complainants acquired their property in 2009 and are therefore ineligible for remediation under Measure B. Therefore, because the remaining nine trees were not mature when the Complainants acquired their property, the Committee hereby orders restorative action set forth below. D. 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 15 Portuguese Bend Road. E. 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 no trees will be removed. Instead, the Obstructing Trees will be cleaned out, shaped and trimmed and a substantial amount of the foliage will remain. No evidence was introduced to suggest that the restorative action will cause an adverse environmental impact. Thus, it can be said with certainty that there will be no environmental impact from the proposed actions. Section 9. The Committee 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 15 Portuguese Bend Road, 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 in the amount of the lowest bid. The contractors must provide insurance which protects and indemnifies the City and the Complainants from damages attributable to 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 15 Portuguese Bend 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 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 November 30, 2015 or pursuant to an alternative schedule (but no later than March 9, 2016) if the selected contractor determines that the health of the trees would be compromised if the work is performed by November 30, 2015. C. Subsequent maintenance of the subject vegetation shall be performed at the cost and expense of the owners of 15 Portuguese Bend Road. 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 CTV Resolution No. 2015-03-CTV -2- detailed below, is preserved. The trees shall be maintained so as to not allow for future view impairments from the Designated Viewing Areas of 18 Portuguese Bend Road. 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 15 Portuguese Bend Road 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 9 Obstructing Trees as identified in Exhibit B and the table below. F. The Initial Restorative Action shall consist of the following: TYPE OF LOCATION ACTION MAINTENANCE TREE AND TREE # 1 Eucalyptus NO ACTION NO ACTION j Eucalyptus- along Roadway Lace, shape & crown reduce 2 easement -front to no higher than the current Every two years height of Palm Trees 3 Washington Fan Palm- along N/E side of property Remove the dead fronds Every two years 3-A Washington Fan Palm- along N/E side of property Remove the dead fronds Every two years 4 Eucalyptus & various volunteers- S/W corner of I Lower the canopy and trim Every two years lot to old cuts for city view 4-A Olive & various volunteers- Lower the canopy and trim Every two years S/W corner of lot to old cuts for city view 5 Eucalyptus- by garage Reduce crown to the height Every two years of top of pole 6 California Pepper- along Shape & reduce canopy to front old cuts Every two years 6-A California Pepper -along Shape & reduce canopy to Every two years front old cuts 7 Olive Tree- along front; S/E Shape, reduce crown and corner balance to 2009 view Every two years 8 Acacia NO ACTION NO ACTION 9 Olive Tree- lawn area NO ACTION NO ACTION 9-A Olive Tree- lawn area NO ACTION NO ACTION TOTAL 9 Trees Subject to Initial Restorative Action The locations of the above listed trees are shown on the aerial photograph attached hereto as Exhibit C. 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. CTV Resolution No. 2015-03-CTV -3- Lace: Thin out thick areas of the canopy to expose the structure of dominant branches, clean out the crown, shaping and balancing the tree. Section 10. Upon conclusion of the Initial Restorative Action, the Complainant shall contact the City to schedule a site visit during which City staff shall visit 18 Portuguese Bend Road and take photograph(s) from the Designated Viewing Areas to be attached as Exhibit D to this Resolution for the purpose of establishing the level of restorative action for future maintenance. Section 11. There shall be no restorative action required for the remainder of the trees on the property at 15 Portuguese Bend Road 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 view established by this Resolution shall be removed at the same time as the maintenance is conducted for the Obstructing Trees, at the sole expense of the Owners of 15 Portuguese Bend Road. Section 12. 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 13. In the event that any party requests inspection of implementation of CTV Resolution 2015- 03 on grounds that the restorative action or maintenance is not compliant with this Resolution, the 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 7th day of October 2015. G� iio. Smith Chairperson .ATTEST: V4 _ Heidi Luce City Clerk CTV Resolution No. 2015-03-CTV -4- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF ROLLING HILLS ) The foregoing CTV Resolution No. 2015-03-CTV entitled: A RESOLUTION OF THE ROLLING HILLS COMMITTEE ON TREES AND VIEWS DECLARING A SIGNIFICANT VIEW IMPAIRMENT TO 18 PORTUGUESE BEND ROAD CAUSED BY SPECIFIC TREES LOCATED AT 15 PORTUGUESE BEND ROAD AND SETTING FORTH RESTORATIVE ACTION TO ABATE THE IMPAIRMENT. was approved and adopted at a meeting of the Committee on Trees and Views on October 7, 2015, by the following roll call vote: AYES: Committee Members Chelf, Gray and Chairwoman Smith. NOES: None. ABSENT: None. ABSTAIN: None. 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. CTV Resolution No. 2015-03-CTV -5- EXHIBIT A 7/19 CTV Resolution No. 2015-03-CTV -6- EXHIBIT A 919 CTV Resolution No. 2015-03-CTV -7- 8 919 CTV Resolution No. 2015-03-CTV -7- EXHIBIT A CTV Resolution No. 2015-03-CTV -8- F5 EXHIBIT B 8,19 CTV Resolution No. 2015-03-CTV -9- EXHIBIT B 10/19 CTV Resolution No. 2015-03-CTV -10- mlrkAAI Lei i& EXHIBIT C E ink", r 14 t CTV Resolution No. 2015-03-CTV -12- EXHIBIT D CTV Resolution No. 2015-03-CTV -13-