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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 Resolution No. 1196 -1- 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. Resolution No. 1196 -2- 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. Resolution No. 1195 -6- 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. 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',; ����' ,� � r� n .�- ��N'� t , , -� I Y � �I .K_ ._ 1#r I.. 1 � 4� ' 4 . _ � '�� .G 1 � � � 4� � 4 � w`� � • 4 � . 4 ' " � � 1 • � 1 Photo taken on May 10, 2{�'i�7 EXHIBIT B � � -: � � � � � `.� P �, - 4+, R „ �4/, T! , _ 1 v . .' f° � ' •�{'. I �! I I .., . _ ..,l0� . •!. l I h . 1 _� ,• I � _ . '����� f � M � _ _�� ��,�- i ', ;'��_; ` ,`�'��'-z` � ��'�-�: -���t � �� � � ,��,'„r� � h ,"�- � ,d � , � " is' I _ #�� A '�',•���1 �f� � L _ � � ' ' r � i .. �',' .. '` .- . 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