1196 ViewAppeal Hassoldt Nuccion.pdf RESOLUTION NO. 1196
A RESOLUTION OF 'TI� ROLLING HILLS CTTY COUNCIL
DENYING TI� A,PPEALS OF DR. AND MRS. STEPHEN NUCCION
AND MR. AND MRS. VVILLIAM HASSOLDT AND UPH4LDING
THE DECISION OF THE CONIMITTEE ON TREES AND VIEWS BY
DECLARING THAT SPECIFIC TREES LOCATED ON THE
PR�PERTY AT 15 PORTUGUESE BEND ROAD HAVE CAUSED
STGNIFICANT IMPAIRMENT TO THE VIEW FROM THE
PRQPERTY LOCATED AT 18 PORTUGUESE BEND ROAD AND
SETTING FORTH RESTORATNE ACTION TQ ABATE THE
IlVIPAIRMENT.
� THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DQES HEREBY FIND,
RESOLVE,AND ORDER AS FOLLOWS:
Section 1. The City's View Preservation Ordinance was enacted in June �988. The ordinance
estab�ished preservation of views to be of primary value to the community and created a process by
which a properry owner could seek to restore a view obstnFcted by landscaping.
In March 2013, the Rolling Hi�ls electorate passed an initiative entitIed Measure B amending the 1988
View Preservation Ordinance. The principal effect of Measure B was to shift the application of the
Ordinance from protecting views that are capabde af being enjoyed from a property to views that were
actuadly enjoyed from a properry when the property owner first acquired the property. In particular, the
inifiiative amended the View Preservation Ordinance as follows:
• Protect�irxg only those views which existed when the current property awner acquired ownership
of the pxoperty;
• Limiting the protection of the ordinance to views obstructed by "maturing" vegetatxon (thereby
excluding views obstructed by trees that were "mature" at the time of the praperty acquisition);
and
• Restoring views from"view corridors,"and"views through trees."
Section 2. On Apri124, 2014, Dr. and Mrs. Steph�n Nuccion, the owners of the property located a# 18
Portuguese Bend Road ("Nuccions"), filed a View Impairmer�t Camplaint ("Complaint") regarding the
t�rees located at 15 Poriuguese Bend Road, a properry awried by Mr. and Mrs. William Hasso�dt
("Hassoldts"). The Complaint alleged that at the time the IVuccions puxchased their properiy in April of
2009 they enjoyed a panaramic view of the Santa Monica Mountains, Mount Baldy and the City lights
to the north of Rolling Hills, and that since 2012 the Hassaldts had failed to maintain the trees Zocated
upon their property such that the view from 18 Portuguese Bend Road was significantly impaired.
Pursuant to the Complaint,the Nuccians requested that�heir view be restared ta the condition that it was
in during Apri� of 2009.
Pursuant to Rolling Hills Municipal Code 17.2b.040(B), tl�e Complaint was referred to a xnediator and
both parties engaged in mediation; the mediation was unsuccessful. The Nuccions thereafter applied to
the City's Committee on Trees and Views ("CTV") in order to resolve the Complaint. By the end of
December 2014, City staff had informed the Nuccions that their appl�cation was incomp�ete and
requested additional information;this information was not pro�ided to the City until February 4, 2015.
After several postponements, duly noticed public hearings (per Rolling Hills Municipal Code 5ections
17.26.040(C) and 17.26.OSQ(A)-(B}) were conducted befare the CTV on March 17, 2015, April 21,
2015, May 14, 2015, July 7, 20f5, July 21, 2015 and September 22, 2015. Additionally, the CTV
_�� attended a duly noticed field trip to both the 15 and 1$ Porluguese Bend Road prope�ti.es on April 21,
2015. At each of the afore�nentioned meetings, evidence was received from all persons interested in the
matter and from members of City staff. The CTV reviewed, analyzed and studied the evidence
subrnitted.
At its July 7, 2015 meeting, the CTV deternuned that it dic� not have sufficient evidence to determine
whether the trees �ocated at 15 Portugu�se Bend Road that are th� subject of tttis Complaint
{"Obstructing Trees") were rr�ature in April of 2009 and directed the City to retain a certified ari�orist to
provide an opinion as to the maturity of t�e Obstructing Trees. The City conducted a request for
proposals and selected Davad de la Torre as the independent arborist. Mr. De La Torre concluded tliat af
�he 11 trees at issue, only two (trees #4A and #7} were not mature in 2009 and would therefore be
eligible for remediation under Measnre B. Notwithstanding the report of Mr. De La Torre,the historical
photographs in ROLLING HILLS The Early Years, by A.E. Hanson (1978), in addition to other
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substant�al evidence in the record, indicated that of tt�e 11 Obshvcting Trees, only trees #9 and #9A
were matare when the Nuccions acquired their property in 2009, thereby rendering the remaining nine
(9) Obstructing Trees eligible far rernediation under Measure B. Ultimately, the CTV found that: (1) a
view (as defined in the Municipal Code) existed from 18 Portuguese Bend Road when the Nuccior�s
acquired the progerty in 2009; (2) t�e view from the Nuccians' property is significandy impaired
because 11 trees located at 15 Portuguese Bend Road impair the view of the City iights from the
Designated Viewing Ar�as; and {3} restorative action on the nine (9) Obstructing Trees is necessary to
abate the view impairment by creating view corridors and views through t�e trees. To this effect, the
CTV adopted Resolution No.2015-03-CTV on Qctober 7,2015.
On October 27,2015,the Hassoldts�led an appeal of the CTV's decision to�he City Council contesting
the CTV's determination that the nine {9} Obstructing Trees were not mature in 2009. Specificaily, in
their appeal the Hassoldts asserted khat: (1) the Nuccions have not established by clear and convincing
evidence, or at all, the existence of a pratected view over 15 Portuguese Bend Road; (2) there was no
view from 18 Portuguese Bend Road prior to April 2Q09; and (3) each of the trees subject to the
Nuccions' complaint are exempt because they were rnature on April 22, 2009. Also on October 27,
2015, the Nuccions filed an appeal of the CTV's decision to the City Council contesting the CTV's
determination that trees #9 and #9A were mature in 2�09 and ineligible for remediation under Measure
B; a deter�nination that the Nuccions claim arose aut of the CTV's unsupported and unsubstantiated
decision to reject one arborist's report over another. Both appeals were timely filed pursuant to Rolling
Hills Municipal Code section 17.26.050(G) and the provisions of Chapter 17.54.
At the November 23, 2015 City Council meeting, City staff provided an orrerview of the case and the
evidence for the Council's cansideration. Thereafter,the Council heard public testimony and concluded
the meeting by scheduling a field tri�to both properties which,after several pastponernents,was held on
March 21,2016. At the field trip,the City Council determined that the Nuccions had a view (as defined
by Rolling Hills Municipal Code sectian 17.12.220}, which conld be observed from the living room at
the north side of the residence and a pa�iolpool deck area immediately adjacent thereto along the
northern side of the residence.
At the April 25, 2016 City Council meeting, the Council was provided with aerial photographs of both
properties, a list of the Obstructing Trees, tree measurernents and calculations extrapolat�ng the age of
the Obstructing Trees and their heights in 2010 (provided by Mr. Howard Weinberg, attorney for the
Nuccions), a photometric analysis to deterrr�ine the height of the trees� in 2010 {prepared by Ms.
Anastasia Kostiuk, a 3D Engineer, on behalf of the Nuccions}, and a declaration provided by Mr.
Brandon Gill (an arborist hired an behalf of the Nuccions). The Council also heard testimony from Mr.
Ruben Green, a Registered Consulting Arborist (hired by the Hassoldts); Mrs. Diana Nuccion; Mr.
Howard Wein�erg; and Mr. Hal Light with regard to the maturity of the Obstructing Trees. At the
canclusion of the public hearing, and after considerable detiberation,the City Council concluded on the
basis of the evidence that the Nuccions had a view when they acquired their property; that only two of
the Obstructing Trees were mature in 20Q9. The City Council then directed staff to return with a
resolution declaring that the view from i8 Partuguese Bend Road is significantly impaired by the nine
identified immature trees located on 15 Portuguese Bend Road, and setting forth restorati�e action to
abate the impairment.
In the course of implementing that direction, the City Attorney and staff determined that it would be
bene�cial to introduce an intermediate step in the process in order to assure that the finc�ings p�aced into
the resolution were consistent with the Council's direcrion and with the requirements of the applicable
provisions af the Municipal Cade. Consequently, in anticipation of the �une 13, 2Q16 City Council
meeting, staff prepared a report outlining al1 of the evidence presented to date relating to the extent of
the view which existed from the Nuccions' property in April of 2009 and presented three options for the
City Council to consider: (1) review the evidence supporting the existence af a view in 2009 and
reaffirm its direction from April 25, 2A16 and direct staff to return with a resolution upho�ding the
CTV's Qctober 7, 2015 decision; (2} re-open the public hearing after p�blic natice and schedule another
hearing; or(3) pro�ic�e alternat�ve direction to staff. D�ring the course of the June 13,2016 meeting,tt�e
Nuccions proffered additional evidence which had not been submitted during the hearing. This
supplementary eleventh-hour evidence demonstrated to the Council that additianal evidence existed
which the parties had not previously presented to the Council for its consideration; therefore,in an effort
to ensure that the entire univ�rse of evidence was adequately being considered, , the Council moved to
reopen the public hearing far the limited purpose of considering the issue of whether a view existed at
the time the N�ccions' acquired their property. `The Council further instructed the Nuccions to submit
digital capies (including the metadata) of all photographs that had been subrnitted in support of the view
impairment complaint, and instructed both parties to submit any and all additional evidence fox the
Council's consideration.
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Secdon 3. On October 2�, 2016, the City Council held a duly noticed pub�ic hearitig (Rolling Hi11s
Municipal Code Sectians 17.26.040(C) and 17.2b.050(A)-(B)) to conclusively determine the extent of
the Nuccions' view as it existed in April of 2009. Evidence was presented by all interested persons,
including the Complainants; the October 15, 2015 declaration of Mr. Martin Jimenez; email exchanges
between the Hassoldts and the Nuccions; the photagraphs received by the City on April 25, 2016; the
arborist reports of Mr.Dane Shota,Mr.William McKinley,and Mr. David De la Torre; the photometric
anaiysis prepared by Ms.Anastasia Kostiuk; the metadata of the photos submitted along with a summary
of said photos, provided by Mr. Weinbarg; correspandence submitted by Mr. Weinberg including the
m_ declarations of Stephen Nuccion, Diana Naccion, Margaret Sc�nit, Suzanne Sussman, Keith Ke11ey,
Karina Santana, Yasmine Ryan, Sean Cardenas, James C. Roberts III, and Lianne Koeberle; and
correspondence submitted by Mr. Light,including the declaration of Mr. Ruben M. Green. The Council
also heard testimony from Mr. Green, Mrs. Hassoldt, Mrs. Nuccion, Mr. Light, Mr. Weinberg and Dr.
Nuccion. This evidence was fully considered by the City Council, whose findings are expressed in
further detail below.
Section 4. The City Council finds as follows:
A. Pursuant to Rolli�ng Hills Municipal Cade section 17.26.090(3) tlae burden of proof to
show that any v�iew is impaired shall be upon the party claiming such impaument, and the standard shall
b� by "clear and convincing evidence." Evidence shall be weighted in the foilowing order af priority:
(I) photographs; (2} expert testimony; and lastly (3) other evidence, which may include testamentary
evidence and any documentatian{other than photographs).
B. Pursuant to Rolling Hills Municipal Code Section 17.26.050 D{3), a view as defined in
Section 17.12.220 of the Municipal Code existed from 18 Portuguese B�nd Road when the Nuccions
acquired the properry in 2009. '�`he Council finds, pursuant to the March 21, 2016 field trip to the
property �ocated at 18 Portuguese Be:nd Road, that the viewing a�ea from the Nuccions' p;roperty
includes a Iiving room at the north side of the residence and a patiolpool deck area immediately adjacent
thereto along the xorthem side of the residence, from the standing perspective of an average height
person("Designated Viewing Areas").
C. The Nuccions pravided numerous photographs of their view from the Designated
Viewing Areas; four photographs bore handwritten dates claiming that the phatographs were taken in
either 2010 or 2011. The Council notes that the photographic evidence in this case is further
cornplicated by the fact that the Nuccions had the opportunity to, and in fact did, atrange for the
trimming of the trees on 15 Portuguese Bend Road prior to the date that the Hassoldts purchased their
property in 2412. Pursuant to a recent request for the production of inetadata, the earliest photograph
s�xbmitted for the Council's consideration was taken during dusk on July 14, 2014; this image is dark
and does not adequately/clearly depict the Offending Trees. For these reasons, nane of the photog�raphs
submitted, including the July 14, 2010 photograph, conclusively establish the view as it existed in from
the Nuccions' property in 2009.
D. In the absence of clear and convincing testamentary evidence provided by the experts and
conclusive photographic evidence, the Council reiied heavily upan the dec�aratians of the parties and
their witnesses to establish the scope of the view from 1 S Porluguese Bend Road. The Council
commented on the inte�ity of the declarants provided by the Nuccions, and found their declarations
persuasive. Specifically, the Council found the declaration of Mr. Roberts (whose father sold I S
Portuguese Bend Road to the Hassoldts, and who was personally involved with the ca�re of 15
Portuguese Bend Road fram 2005-2011) to be particularly persuasive. Additionally, the Co�xncil
concluded that the MLS listing fram February 2008 established clear and convincing e�idence that a
view existed from i 8 Portuguese Bend Road at ar about the t�me the Nuccions purchased their property.
�. The listing included a description of the �iew as follows: "Panoramic City Lights and partial ocean
views... Pool and spa overlooking views." The Council fmds persuasive the testimony provided that the
Nuccions relied upon this statement in viewing the home and wauld not have purchased the home if it
did not in fact have the views described in the 200$MLS listing.
E. The only evidence presented by the Hassoldts to rebut the evidence provided by the
Nuccions is a report by arborist Ruben Green, who concludes on the basis of historic aerial photographs
of some of the Obstructing Trees dated 2008 that a view could not have existed fram the Nuccion
property in 2009. However, while the aerial photographs show the height and spread of the trees from
above, they do not show how the treas affected the view from the Designated Viewing Area on the
Nuccion property. Mr. Green argues from the aerial photographs that the Nuccions "could not" have
had a view; however, the Council finrds thi.s testimony to be speculative because the photographs do not
take into account ttxe height differential and �viewing angle frorn the Nuccion residence. Furthermore,
Resvlution Na. 1196 -3-
the HassoIdts did not pro�ide any contrary declarations. The Council finds that the overwhelming
testamentary e�idence of persons who visited the property in 2409 outweighs the speculative
conclusions derived from aerial pho#ographs.
F. Pursuant to Rolling Hi11s Municipal Code Section 17.12.220 "View Impairment," Section
17.26.050(D)(3} and Section 1'1.2b.090(3},the Council fmds tha#the Nuccions have shown by cleair and
convincing evidence that the view from the Nuccions' praperty is significant�y impaired because 11
trees located at 15 Portuguese Bend Road significantly impair the view of the 5anta Monica Mountains,
Mount Baldy and the City lights from the Designated Viewing Areas. The Nuccions provided an aerial
photograph of the Obs�ucting Trees located at 15 Portuguese Bend Road. The Obstructing Trees have
been identified as Tree Number One through Tree Nu�nber 9A, looking in a northerly direction from the
perspective of 18 Portuguese Bend Road. The aforementioned photograph is attached as Exhibit A to
this Resolution.
G. Further, the Council �nds that, while the photographic evidence submitted by the parties
was not �ersuasive with regard to the maturity of the trees,the testamentary evidence provided,coup�ed
with the time and diligence devoted to this issue by the CTV indicates that only two of the Obstructing
Trees (#9 and #9A) were rnature when the Nuccions acquired their pro�erty in 2009 and are therefare
ineligible for remediation under Measure B. Therefore, because the remaining nine trees were not
mature when the Nuccions acquired their property,the Council hereby orders restorative action set forth
below.
H. Lastly, the Council determined tlzat nine(9} of the Obsttucting Trees were not mature and
therefore subjec# to remediation under sections 17.26.010 and 17.26.090{2) of tl�e Rolling Hills
Municipal Code. On the issue af maturity,the Council considered the following evidence:
(1) The June 16, 20i5 Consulting Arborist Report prepared by Mr. Dane Shota (retained
by the Hassoldts}. Mr. Shota observed the Obstructing Trees frorn the Hassoldts' property; he
determined that any conclusions derived frorr� the height of the trees would be inaccurate because the
tress have been prunedlxnanipulated. Mr. Shota provided a list of 20 trees located on the Hasso�dt
property that he determined were mature; na explanatian was provided for this determination. Lastly,
Mr. Shota's report contained a statement that "[a] lot of the trees that are mature were planted in 1937;"
it is unclear from Mr. Shata's repart ro whom this unsubstantiated statement is attributed. The CTV
determined that the canclusions reached by Mr. 3hota were inaccurate because there were virtually no
trees in the City of Rolling Hills in 1937. The balancing of this evidence, and the determinations made
by the CVT with regard to it, are confirmed by the City Council.
(2) The June 17, 2015 Certified Arborist Report prepared by Mr. Wiliiam McKinley
{retained by the Nuccions). Mr. McKinley concluded that all eleven of the Obstructing Trees were
"active�y growing" and therefore could not ha�e been mature in 2009. Mr. McKinley based his
conclusions on visual observations made of the Obstructing Trees from the Nuccions' pool deck area,
and what he determined to be "cut lines" and evidence of trimming/regrowth. Based an historical
photographic evidence (which depicted virivally na trees planted in the City in 1937 — ather than a few
olive trees), the CTV agreed with Mr. McKinley tt�at nine of the �bstructing Trees could not have been
mature;however,the CTV disagreed with Mr. McKinley's conclusian that the two olive trees planted on
the Hassoldt properry were maturing (as they had arguably been planted in the City around 1937). The
balancing of this evider�ce, and the determinations made by the CVT with regard to it, axe confirmed by
the City Council.
(3) The September 2, 2015 Certified Arborist Report prepared by PVir. David De La Torre
{retained by the City). Mr. De La Torre observed the Obstructing Trees from the Hassoldt property.
Using a mathematical equation to determine the age of the trees, 1VIr. De La Torre explained how he
determined their maturity. Mr. De La Torre determinec� that the average age of the Obstructing Trees
was 62 years old{the oldest tree was 141, while the youngest was 15.) Based upon this information, Mr.
De La Torre concluded that of the eleven Obsfiructing Trees, nine (9)were mature and only two (2)wer�
maturing. Based on historical photographic evidence,the CTV disagreed with Mr. De La Torre that nine
{9) of the Obstructing Trees were mature; virtually no tress had been planted in the City in 1937 (other
than a few olive trees}, therefore the nine (9} trees indicated by Mr. De La Torre could not have been
mature in 2009. The CTV concluded that except for the two olive trees iocated on the Hassoldt property,
the remaining nine trees were maturing and therefore subject to remediation. The balazicing of this
evidence, and the determinations made by the CVT with regard to it, are confirmed by the City Council.
{4) The August 28, 2015 Certified Arborist Report prepared by Mr. Kevin Eckert
(retained by the Nuccions}. Mr. Eckert concluded that all eleven of the Obstructing Trees were
maturing; his conclusions were derived from the "2010/2011" phatographs that had been submitted by
the Nuccions and a "video stream" of the view from the Nuccions' pool deck area. Based on historical
photographic evi�ence {which depicted virtually no trees planted in the City in 1937 —other than a few
olive trees), the CTV agreed with Mr. Eckert that nine of the Obshucting Trees could not have been
mature; hawever, the CTV disagreec�with Mr. Eckert's conclusion that the trvo olive trees pZanted on the
Resoludon No. 1�96 -4-
Hassoldt property were maturing (as they had arguably been planted in the City around 1937).
Furthermore, the Council had subsequently learned from the metada.ta presented as e�idence in Octaber,
that the photagraphs relied upon by Mr. Eckert had actually been taken between 2011-2012; therefare
the Council confirtned that the accuracy of the conclusions reached by Mr. Eckert were questionable.
(5) The April 16, 2016 and May �2, 2016 reports prepared by Ms. Anastasia Kostiuk (3D
Engineer retained by the Nuccions). Ms. Kostiuk was asked�o review phatographs provided to her by
the Nuccions, which she was told were taken in 2010; as well as aerial photographs of the HassoZdt
property taken between 2008-2012. Ms. Kostiuk took these photographs and created 3D renderings of
them, from these renderings she mathematically determined the height of each tree based on the length
of the shadows they cast. The Council determined that �he evidence provided by Ms. Kostiuk was
inconclusive as it was later revealed that the dates of the phatographs provided by the Nuccions were not
taken in 2Q10, but rather in 2011-2Q12. Furthermore, the data provided by Ms. Kastiuk revealed
conflicting and fluctuating evidence related to the height of the trees over time.
(6) The February 2, 2016 and October 13, 2016 declarations of Mr. Ruben Green
(certified arborist retained by the Hassoldts). Mr. Green conducted a site inspection at the Hassaldt
property to supervise trimming that was being conducted. Mr. Green does not conside�r Ms. Kostuik's
met�iod to be a reliable way to determine the maturity of the trees. Mr. Green provided his own aerial
photographs from 200$ and 2011 to ca11 into question the accuracy of the data Ms. Kostiuk relied upon;
specifically, Mr. Crreen calls atten�ion to the varying height of the utility pole and the evidence of
topping in Ms. Kostiuk's photographs. However, the Couzxcil determined that in either declaration 1VIr.
Green does not provide an opinion as to whether or not the trees were ma.ture. Ultirnately, the Council
finds that the weight of the evidence supports a finding #hat nine (9) af the Obstructing Trees were not
mature in 20Q9 and that restorative action on the nine (9) Obstructing Trees is necessary to abate the
view i�pairment by creating vievv corridors and views through t1�e trees.
I. Pursuant to Rolling Hills Municipal Code Section 17.26.050{E), the Council finds the
restorative action set forth below in this Resalution 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 pri�acy of the
properly at 15 Porluguese Bend Road. While the record indicates that the Hassoldts trimmed
unspecified trees in 3anuary or February of 2016, the Council nonetheless finds that the restorative
action set forth in Section 5 of this Resolution remains apprapriate.
J. The City reviewed the proposed restorative action's environmentaZ impacts under the
California Environmental Quali�y Act {Public Resources Code §§ 21000, et seq., "CEQA") and the
regu�ations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA
Guidelines"} and dete�mined tlxe praposed project to be exempt from environmental review pursuant to
Section 15344 (Minor Alterations of Land) and Section 15061(b)(3} (Common Sense Exemption} af the
CEQA Guidelines. The project is exempt because no trees wi�l be xemo�ed. Instead, the Obstructing
Trees will be cl�aned out, shaped and trimmed and a substantiaJ. amount of the faliage will remain. No
evidence was introduced to sugges� that the restorative action will caus� an adverse enviuronmental
impact. Thus, it can be said with certainty that there will be no environmental impact from the proposed
actions.
Section 5. The Council orders the following restorative action pucsuant ta Rolling Hi�ls Municipal Code
Section 17.26.Q50(E):
A. Pursuant to Rolling Hills Municipal Code Section 17.26.060(A), within thirty (30)
calendar days of adoption of this Resolution, the Nuccions are hereby required to obtain and present to
the Owners of 15 Portuguese Bend Raad, a rninimum of three (3) bids frorri 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 con�actars must prov�ide insurance which protects and
indemnifies the City and the Nuccions from damages attributable to negligence or wrongful
— performance af the work. Any such insurance shall be subject to the approval of the City.
B. Pursuant to Section �7.26.060{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
February 14, 2017 ar pursuant to an aiternative schedule{but no later than March 1, 2017) if the selected
contractor determines tha# the health of the trees would be compramised if the work is pez�£ormed by
February 14, 2017.
C. Subsequent maintenance of the subject vegetation shall be per�ormed at the cost and
expense o�the owners of 15 Portuguese Bend Road. All vegetation subject to the restorative actian
described in this Resolution and any future planting, including replacement trees, shall be maintained so
Resolution No. 1196 -5-
that the view showr� in the photograph to be taken by City stafF or designee following the Initial
Restarative Action, as detailed below, is preserved. The trees shall be maintained so as to r�ot allow for
future view impairments from the Designated Viewing Areas of 18 Porkuguese Bend Road. Tree
rnaintenance shall be done in the winter months (December—March) and shall be cornpleted by March
1 of each year in which the work is to be done, as specified in paragraph F of this section of this
Resolu�ion.
D. An informational covex�ant shalt be recorded against the title of 15 Portug�xese Bend Road
and shall run with the land,therek�y gi�ing notice of this Resolution to all future owners.
E. Initial Restorative Action sha�l be lirnited to the 9 Obstructing Trees as identified in 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
Eucalypius- along Raadway Lace, shape & crown reduce
� easement-front �o no higher than the current Every two years
hei ht of Palm Trees
3 Washington Fan Palm- Remove the dead fronds Every two years
a.long N/E s�de of praperty
��A Washington Fan Palm- Remove the dead fronds Every two years
along N/E side of property
Eucalyptus &various Lower the canopy and trim
4 volunteers- S/W corner of to old cuts for city view Every two years
lot
4-A Olive&variaus 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 a height of Every two years
46 feet above ground
California Pepper- along Shape&reduce canopy to
6 front old cuts Every twa years
California Pe}�per-a�ong Shape &reduce canopy to � y
6�A front old cuts Eve twa �ars
Q�ive Tree- along front; S/E Shape,reduce crown and
� carner trim ta old cuts for city view E�'ery two years
S Acacia NO ACTION NO ACTION
9 Olive Tree- lawn area NO ACTION NO ACTION
9-A Olive Tree-Iawn area NO ACTION NO ACTION
TOTAL 9 Trees Sub,�ect to Initial Restorative Actian
The locations of the above listed trees axe shown on the aerial photograph attached hereto as Exhibit A.
G. The actions described abo�e shall be accomplished per ISA industry standards and best
arborist practices, and the foltowing defmitions shall apply:
Crawn Reduction: Height reduction to specified height by remaving selective branches, deadwood,
stems and foliage to reduce the height and spread of a 1xee.
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Lace: Thin out thick areas of the canopy to �xpose the structure of dominant branches, clean out the
crown, shaping and balancing the�ree.
Section 6. Upon conclusion of the Initial Restorative Action, the Nuccions shall contact the City and the
Hassoldts to schedule a site visit to 18 Portuguese Bend Road, during which City staff shall take
photograph(s} from the Designated Viewing Areas to be attached as Exhibit B to this Reso�ution for the
purpose of estabtishing the level of resto:rative action for future maintenance. The Hassoldts may attend
#his site visit as observers only.
� Sectian 7. There shall be no restarative 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 Resoiution. However, trees
on the property not included in this Resolution shall be rnaintained at current configuration arid any new
growth that ex#enc�s into the view established by this Resolution shaZl be removed at the same time as the
maintenar�ce is conducted for the Obstructing Trees, at the sole expense of the Owners of 15 Portuguese
Bend Road.
Section 8. 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 17.25.060(D). Any stxch mutual
agreement shall be recorded.
Section 9. In the event that any party requests inspection of implementation of Resolution 1196 on
grounds that�tt�e restorative action ar rnaintenance is not compliant with tl�is Resolution, the City may be
required to incur substantial costs �n investigating the complaint. Therefore, the City shall be entitled to
recover its costs from a non-compliant party, for activities inciuding, but not Iirnited ta, hiring
independent consultants.
PASSED, APPROVED AND ADOPTED by Members of th� City Council this 2$�' day of
Navember 2016.
�
ea Dieringer
Mayor
ATTEST:
��,�A� ���l,�'
Heidi Luce
CiTy Clerk
Resoiution No. 1196 -7-
STATE O�' CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CIT'Y OF ROLLING HILLS )
The foregoing City Council Resolution No. 1196 en�itled:
A RESOLUTION OF THE ROLLING HILLS CITY COUNCIL
DENYING THE APPEALS OF DR. AND MRS. STEPHEN NUCCION
AND MR. AND MRS. WILLIAM HASSOLDT, AND UPHOLDING
THE DECISION �F THE COMMITTEE ON TREES AND VIEWS BY
DECLARING THAT SPECIFIC TREES LOCATED ON THE
PROPERTY AT 15 PORTUGUESE BEND ROAD HAVE CAUSED
SIGNIFICANT VIEW IMPAIlZMENT TO THE VIEW FROM THE
PROPERTY LOCATED AT 18 PORTUGUESE BEND ROAD AND
SETTING FORTH RE�TOR.ATNE ACTION TO ABATE THE
IlVIPAIRMENT.
was approved and adopted at a meeting of the City Council on November 28, 2016 by the following roll
cal�vote:
AYES: Councilmembers B�ack,Mirsch,Pieper and Wilsan.
NOES: Mayor Dieringer.
ABSENT: None.
ABSTAIN: None.
.�_ � �,��,�
Heidi Luce
City Clerk
This d�cision is final and conclusive. Any action challenging this administrative order must be filed
with a court of law within the time limits set forth in section 1094.6 of the Califarnia Cade o�Civil
Procet�ure.
Resolution No. 1196 -8-
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