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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 � �,�� !"�� 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