1182 RES�LUTION NO. 1182
RES�LUTION OF THE CITY COUNC�L OF Tf-iE CiTY OF ROLLING
HII,LS ADOPTING ADMINISTR.ATIVE REGULATIONS
INTERPRETING MEASURE B RELATiNG TO VIEW
PRESERVATION.
The City Council of the City of Rolling Hills does hereby resolve and order as follows:
Section 1. In June 1988,the City adopted a View Presexvation Ordinance. The ordinance
established preserva#ion 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.
Section 2. In March 2013,the residents of Rolling Hills passed Measure B to amend the View
Preservation O�rdinance. The principal effect o�Measure B was to shift the pratection of the ordinance
from views that are capable of being enjoyed from a praperty to views that were actually enjoyed from a
praperty when the property owner acquired the property. In particular,the initiative amended the
ordinance as follows:
• Only a view that existed when the current property owner"actually acquired"the property may
be restored;
• Abatement of view impairment is Iimited to obstructians caused by trees that were"maturing"at
the date of acquisitaon and trees that were"mature" at the time of property acquisition are
excluded from consideration;
• Measure B specif ed that abatement of�iew impairment is intended to create "view corridars"
and views thraugh txees, and not unobstructed views;
• Measure B specified that its provisions are ta be applied retroactively.
Section 3. Measure B contains variaus ambiguities that have resulted in uncertainty in its
application in view obstruction cases submitted to the City's Committee on Trees and View for
consideration. Measure B can only be amended by the voters; however,the City may adopt
administrative regulations providing guidance and interpreting ambiguities in voter initiatives in order to
assure uniformi#y in the application of Measure B to future view complaint cases. Based on this
authority and recommendation by the Planning Commission,the City Council reviewed, discussed and
developed a policy interpreting Measure B.
Section 4. The City Coizncil fmds that Attachment A titled City of Rolling Hills Administrative
Regularions Interpreting Measure B Relating to View Preservation clarify the initiative and is hereby
adopted:
PASSED,APPROVED AND ADOPTED THIS 14T�DAY OF MARCH,2016.
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PIEPER
MAYOR
ATTEST:
HEID�LUCE
CITY CLERK
Any action challenging the final decision af the City rnade as a result of the public hearing on this
application must be filed within the time lirnits set forth in section 17.54.U70 of the Rolling Hills
Municipal Code and Code of Civil Procedure Section 1094.6,
Reso�utian No.1182 �
Measure B Tnterpretation
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1182 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HiLLS ADOPTING ADMINISTR.ATNE REGULATIONS
INTERPRETING MEASURE B RELATING TO VIEW
PRESERVA'i'�ON
was approved and adopted at a regular meeting of the City Council on March l4, 2016 by the following
roll call vote:
AYES: Councilmembers Mirsch, Wilson and Mayor Pieper.
NOES: Councilmembers Black and Dieringer.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administra�ive Offices.
RE
HEIDI LUCE, CITY CLERK
Resolution No.l l$2 2
Measure B Interpretatian
. �
Attachment A
City of Rolling Hills
Administrative Re�ulations Internretin�Measure B
Relatin�to View Preservation
Chapter 1 Date of Property Acquisidon
Chapter 2 "Mature"versus "Maturing"Trees
Chapter 3 Retroactivity af Measure B
Chapter 1
DATE OF PROPERTY ACQUISITION
Section 1441. Interpretation of the Date of Acquisition of Praperty.
Measure B provides that a person may only apply to restoxe the view existing from the date that the
current owr�er of the property actually acquired the property. The City interprets this provision to mean
that the protectable view under the ordinance is the view possessed by the property on the date it was
most recently purchased for fair market value. Hence, in determining the date on or after wl�ich the
protectable view�s established,the acquisition date shall be the most recent date title to the property was
conveyed for fair market value(as evidenced by a deed)through an arms-iength purchase and sale.
Chapter 2
"MATURE"VERSUS "MATURING"TREES
Section 2001. Defmition of"Mature"Trees
For purposes af RHMC Section 17.26.090 (2) a tree will be cansidered mature if at the time the party
claiming view impairment acquired the property the tree had achieved 75% of its maximum canopy
height and width {spread}. Maximum canopy height and width will be as set forth in the latest edition of
the Sunset Western Garden Book that contains the tree species under consideration. The Sunset Western
Garden Book is a trusted reference guide on trees, plants and other vegetation present in the region and
displays a plan�species' height ranges and other characteristics.
Should the Rolling Hills Committee on Trees and Views, City Council or any of the parties involved in
a view complaint case require or wish to obttin an expert opinian on maturity of trees, such opinion
shall be provided by a certified consulting arborist who is a member of the Amer�can Society af
Consulting Arborists (ASCA).
For the purpose of ineasuring the heigh# of a tree, the height shall be measured �etween the base of the
tree anc� the tip of the highest branch on the tree. The base of the tree is t�e point o�the �ee where the
pith (center) of the tree intersects the ground surface. The width (spread} of a tree canopy shall be
measured across the canopy from the tip of the outermost branch a� one end of the tree to the tip of the
outermost branch at the opposite side of the tree (from dripline to dripline).
Section 20Q2. Definition af��Matur�ng"Trees
Trees and other�egetation that are not"mature" as specified in these regulations are "maturing."
Chapter 3
__ RETROACTIVY'TY 4F MEASURE B
Section 3001. Retroactive Application.
Any resolutian af the City af Ralling Hills adjudicating any complaint regarding view impairments
adop�ed by the Committee on Trees and Views, or the City Council on appeal,prior to March 18, 2013,
is hereby considered void and wi21 not be enforced by the City.
Resolution No.1182 3
Measure B Interpretation
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