346 ORDINANCE NO. 346
AN ORDINANCE OF THE CiTY OF ROLLING HII..LS AMENDING
SECTION 17.12.220 AND CHAPTER 17.26 RELATING TO VIEW
PRESERVATION OF TITLE 17 OF THE ROLLING HiLLS
MUNICIP,AL CODE.
The City Council of the City of Rolling Hills does ordain as follows:
Section l. Rolling Hills Municipal Code ("RHI1�IC") Chapter 17.26 governs the process by
which a property awner whose scenic view has become impaired by vegetation growing on another
property may obtain al�atemen#af the view impairment. Seckion 17.12.220 defines a view. Callect�vely,
RHMC Chapter 17.26 and the defmition of a view make up the City's "View Ordinance." The City has
been engaged in a long-term effort to update the View Ordinance ta clarify its provisions and address
circumstances that have arisen in the Committee on Trees and Views' application of �he View
Ordinance.
Section 2. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning
Ordinance. A public hearing befare the P1aruling Commission is necessary before a recommendation for
a Zoning Code amendment can be made to the City Council. After receiving presentations from staff at
the February 17, 2015 and March 17, 2015 meetings, the Planning Commission opened a duly naticed
p�blic hearing on Apri121, 2415, which was continued to May 19,2015, June 1.6, 2015, Ju1y 21, 2015
and August 16, 2015. Public comment was received at each continuance o£the public hearing, which
the Planning Commission considered in concert with the recommendatians of the City Council's Ad Hoc
Committee created to recommend changes to the View Ordinance, and reports from City staff. Notice
of the public hearings was provided as required by law.
Section 3. After considering all of the evidence in the record on this matter, the Planning
Commission recommended �hat the City Council adopt an Ordinance amending Section 17.12.220 and
Chapter 17.26 of Title 17 {Zoning)of the R�Il1�IC,
Section 4. Pursuant to the requirements of the Ca�ifomia Environmental Quality Act
("CEQA"), Public Resources Code Section 21040 to Section 21177, State CEQA Guideiines, 14
California Code of Regulations §§ 15000, et seq., and the CEQA Guide�:ines of the City of Rolling Hills,
staff analqzed the proposed amendments to the View Ordinance and concluded that the amendments are
exempt from CEQA because they consist only of minor revisions and clarifications to the RHMC and
will not have the effect of deleting or snbstantially changing any regulatory standards or findings. The
proposed Ordinance is an action that daes not have the potential to cause significant effects on the
environme�t, but ratl�er will clarify the pmcess by which persons may apply for and abtain an order
from the City to abate view impairments. Accordingly, the proposed Ordinance is exempt pursuant to
the "common sen�e" exemption set forth in Section 15061 (b)(3) of the CEQA Guidelines because there
is no passibility that the Ordinance could have a significant effect on the en�ironment. Furthermore, the
proposed Ordinance daes not constitute a "project" that requires envi�ronmentai review (see specifically
14 CCR § 15378 (b)(2, 5)).
Section 5. After considering the informahon presented during public hearings an this matter,
the City Council finds that the proposed Zoning Ordinance amendments comply with the requirements
of the City of Rolling Hi11s General Plan and State Pianning and Zaning Laws (Government section
65000 etseq.) and will preserve the pi�blic health, safety and general welfare, while balancing praperty
rights. Notice of the public hearings was provided as requi�ed by law.
Section 6. The City Council hereby adopts an Ordinance amend�ng Section 17.12.220 and
Chapter 17.26 of Title 17 (Zoning)of the Rolling Hills Municipal Code as follows:
A. Amend Section 17.12.220 of the RHMC to amend the defmition of "View" and add �he
definition of"View corridor"in alphabetical order to read as follows:
"Vxew" means a view from a principal residence, but not including from garages or closets, and
any immediately adjoining patio or deck area at the same eIevatian as the residence which
consists of a visually im�ressive scene or vista nat located in the immedia#e vicinity of the
residence, such as a scene of the Pacific Ocean, off-shore islands, city lights of the Los Angeles
basin,the Palos Verdes Hills or Los Angeles Harbar.
"View impairment" means a significant interference with and obstruction of a view by
landscaping,trees or any other planted vegetation.
Ordinance No. 346 i
"View corridor" means a view fram a designated viewing area broken into segments by
vegetatian.
B. Arnend Secdon 17.26A10 of the RHMC to read as follaws:
17.26.010 Interit and purpose
The City recognizes the contributian of views to the overall character and beauty of the
City. Views of the Pacific Ocean, Catalina. Island, City lights and Los Angeles Harbor are a
special quality of property ownership for many residential lots in the City. These views have the
potential to be diminished or eliminated by maturing landscaping located an private property.
Tlie purpose of this chapter is to protect this important community asset by establishing
procedures for the protection of views and abatement of view obstructions created by
landscaping,while at the same time protecting natural vegetation frorn indiscriminate removal.
G Amend Section 17.26.040 of the RHMC to read as follows:
17.26.040 Abatement af view impairment-Procedure.
Any person who owns or has lawful possession of a residence from which a view is
irnpaired, pursuant to the definition of"view irnpairment" in Section 17.12.220 of this title, by
vegetation growing on property other than their own may seek abatement of the view impairment
under the following procedure:
A. Mediation Application. The complainant shall submit a complete application for abatement
of view impairment by mediation on a form provided by the City. The applicatian shall be
accompanied by a fee as provided for in Section I7.30.030 of this title. The complainant
sl�all describe in the application what efforts have been made by the complainant to resolve
the view impairment prior to filing the mediation app�ication. An application shall not be
accepted for filing unless the complainant can demonstrate that the owner of the view-
impairing vegetation has been given notice of the impairment and a reasonable opportunity
to abate it,bu#has refitsed to do so.
B. Eligibility. A person shall not be precluded from filing an application for abatement of view
impairment on grounds that vegetation �ocated on the complainant's property contributes to
impairment of the requestEd view. A person who has obtained an order abating impairment
of a view against a properiy shall not be precluded from filing a subsequent application to
abate impairment of the same view by vegetatian on another property. An application may
be filed to abate impairment of one or more distinct views listed in Section 17.12.220
"View;" however, if multiple views are identified, each must be disjointed and observable
from a separate viewing area.
C. Mediation. Upan receipt and acceptance of an application as cornplete, the City Manager
shall refer the matter to a mediator for conduct of a mediation session to abate the view
impairment. The mediator shall be responsible for notifying the properry owner of the view-
impairing vegetation of the application and for scheduling and managing the mediation
process. At the conclusion of inediatian, the mediator shall ad�ise the City Manager as to
whether the complaint has been resolved. Agreement reached through rnediation shall be
reflected in an executed contract and implemented in accor�ance with the terms of the
agreement.
D. Public Hearing Applicadon. In the even# mediation fails to achieve agreement, the
cornplainant may submit an application and accompanying fee as provided for in Section
17.30.030 of this title for a public hearing. Upon receipt and acceptance af an application
far a public hearing as complete, the City Manager sha�l schedule the matter for a public
hearing before the Committee on Trees and Views. If a complete application for a public
hearing is not received within sixty (50) days of the mediator's notification set forth in
Section 17.26.040(C}, the City shall terminate, without prejudice, all proceedings related to
the application.
D. Amend Section 17.26.050 of the R�IMC to read as follows:
17.26.050 Hearin rocedure and findin s.
A. Notice Required. Public natice of the hearing shall be given a minimum of fifteen days
Ordiinance No. 346 2
prior to the l�earing. The hearing shall not proceed unless proo£is shown that the owner of
the tree or othex obshucti�ng vegetat�on received notice of the hearing as provided herein:
1. Notice shall be given by certified mail, return receipt requested, to the owner of the
tree ar other obstrucnng vegetation and to the complainant;
2. Notice shall be given by first class mail to all property owners within one thousand
�eet o�'the exter�ior bo�andary of the property on which the tree or other obstructing
vegetation are located and to other persons who, in the Committee's judgment, might
be affected.
B. Cantent of Notice. The notice sha1l state the name of the complaining party, the name of the
property owner against whom the complaint is filed, the location of the hee or other
vegetation, and the time and place of hearing. The notice shall invite written comme�ts to be
submitted prior to or at the hearing.
C. Conduct of Hearing. The Committee shall adopt rules for the conduct of required hearings.
At the hearing, the Committee shall c�onsider all written and oral testimony and evidence
presented in connection with the applicataon. I�during t�e cowrse of#he proceedings it is
discovered that information submitted in an application is inaccurate or incomplete such that
it could be misleading, or a significant change has occUrred impacting either the view or the
obstruction, an applicant may be directed to amend the application or submit supplemental
information. In the event the Committee requires expert advice in consideranon af the
matter, the cost of obtaining such evidence shall be borne by the complainant, pursuant to
written agreement with the City. The City shall select such expert and enter into an
agreement only upon receipt of a payment for the selec#ed service from the party. An
application shall be deemed withdrawn and ali proceedings shall be terminated with respect
thereto, without prejudice, if the partfes to a complaint notify the City that it has been
voluntarily resolved, or if the compla,inant fails or refuses to provide supplementa.i
information requested by the City or fails or refuses to pay the cost of the expert services, or
the camplainant requests a delay of the proceedings for more than one hundred eighty (1$0)
days untess good cause e�ists £or the delay.
D. Findings. Based on the evidence received and considered, the Committee may find any of
the fallowing:
1. That no view exists within the meaning of this chapter;
2. That a view earists within the meaning of this chapter, but that the view is not
significantly impaired; or
3. That a view exists within the meaning af this chapter ar�d that it is significantly
impaired.
4. The Committee shall make specific written findings in support of the foregoing
determinations.
E. Action. If the Committee makes fmding of subsection (D)(3) of this section, it shall order
such restorative action as is necessary to abate the view impairment, including, but nat
Iimited to, removal, pr�uiing, topping, thinning or similar alteration af the vegetatian. Such
order is not intended to create an unobstructed view for applicants. Instead it is in#ended to
create view corridors and a view thraugh trees. The Committee may impose conditions as
are necessary ta prevent future view impairments. In no event shall restorative action be
required if such action would adversely affect the environment or would unreason-ab�y
detra� from the privacy or enjayrnent af the property on which the objectionable vegetation
is located. �f restorative actian is precluded by the existence of one or more such lirnidng
factors,the Cammittee shall make specific written fmdings to that effect.
F. Environmental Re�iew. If the Committee makes finding af subsection(D)(3} of this section
and orders restoratnve action, the proposed order shall be reviewed by City staff to
determine the appropriate level of environmental review. If the action is determined to be
exempt frarn the California Environmental Quaiity Act ("CEQA"), a reso�ution containing
the Committee's written findings shall be presented for adoption at the Committee's next
meeting. If the action is determined not to be exempt from CEQA, the complainant shall
bear the City's reasonable costs of environmental review and CEQA cornpliance, including
consu�tant fees.
G. Finality of Decision. The Committee's decision shall be fuial on the date the Committee
adopts a resolution setting forth its decision. The decision shall become effective thiriy (30)
Ordinance No. 346 3
days after adoption of the resolution, �less an appeal has been filed to the City Cauncil
pursuant to the provisions af Chapter 17.54. For purposes of such an appeal, references to
the Planning Commission in Chapter 17.54 shall be interpreted as inclusive of the
Committee on Trees and Views.
E. Amend Sectian 17.26.060 of the RHMC to read as follows:
17.26.060 Implernentation of restorative action.
A. The complainant shall bear the cost of the initial restorative action. Within thirty {30} days
of a fmal decision ordering restorative actian, the complainant shall obtain and present to the
ow�er of the obstructing vegetation three bids from licensed and qualified contractors for
performance of the work, as weil as cash de�osit in the amoun� of the lowest bid. In order to
qualify, the contractors mnst pro�ide insurance, which proteets and indemnifies the City and
the coFnplainant from damages attributable to negligent or wrongful perfor;nance of the
work. Any such insurance shall be subject to the approval of the City.
B. The owner of the obstructing vegeta.tion may select any licensed and qualified cantractor to
perform the restarative action (as long as the insurance requirements of subsection A of this
section are satisfied), but shall be responsible for any cost above the amount of the cash
deposit. The work shall be comple#ed no more than ninety (94} days from receipt of the cash
deposit or if additional time is necessary due to weather or unique conditions of the
vegetation, at the earliest date recommended by the contractor,but no later than on.e year, and
shall be approved by the�City Manager.
C. Subsequent maintenance of the vegetation in question shall be performed at the cost and
expense of the owner of the pmperty on which the vegetation is growing. The vegetation
shall be maintained in accordance with the final decision so as not to allornr for future view
impairn�ents.
F. Amend Section 17.26.080 of the RHIVIC to read as follows:
17.26.0$Q Notification of subsequent owners.
Within thirty (30) days of the fmal decision of the Committee, or the City Council on
appeal, a document shall be recorded against the title of the property on which the offending
vegetation exists and the comp�ainant's property, on a form provided by the City, which shall run
with the land and be binding upan all successors in interest.
PASSED,APPROVED AND ADOPTED this 8�'day of February,2016.
PIEPER
MAYOR
ATTEST:
4
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HEIDI LUCE
CITY CLERK
Ordinance No. 346 4
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY�F ROLLING HILLS )
I certify that the foregoing Ordinance No. 34b entitled:
AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING
SECTION 17.12.220 AND CHAPTER 17.26 RELATING TO V�W
PRESERVATIOIV OF TITLE 17 OF THE ROLLING HILLS
MUNIClPAL CODE.
was appro�ed and adopted at a regular meeting of the City Council on February 8, 201b by the
following rall call vo#e:
AYES: Councilmembers Black,Mirsch, Wilson and Mayor Pieper.
NOES: Mayor Pro Tem Dieringer.
AB�ENT: None.
ABSTAIN: None.
and in cornpliance with the Iaws of California was posted at the following:
Administrative Offices.
�, � �
HEIDI LUCE
CITY CLERK
Ordinance No. 346 5