2017-15B Maijuana RESOLUTION NO. 2017-15B
A RE�OLUTION OF THE PLANNING COMMISS14N OF THE CITY OF ROLLING
HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING TEXT
AMENDMENT TO THE ROLLING HILLS MUNICIPAL C4DE TO AMEND SECTION
17.12.220 OF CHAPTER 17.12 (DEFINITIONS); AND TO REPEAL AND REPLACE
CHAPTER 17.26 (VIEW PRESERVATION} IN ORDER TO ESTABLISH AN ADVISORY
PROCESS FOR THE RESTORATiON OF VIEWS OBSTRUCTED BY VEGETATION.
The Planning Commission does hereby resolve and or�er as follows:
Section 1. Recitals.
1. The adoption of Measure B in March 2013 by the electorate has led to practical
difficulties in the application of Chapter 17.26 of the Rolling Hills Municipal Code (the
City's view preservation ordinance);
2. The City Council appointed a subcommittee to work collaboratively with a group of
residents to rewrite the view preservation ordinance in order to address the arnbiguities
and uncertainties that hamper its effective application and en£orcement;
3. On November 20, 2016, the City Council directed the Planning Commission to
cammence discussions and public hearings relative to the concepts and ideas that were
developed by the subcomrnittee and the residents; and
4. Fronn 3anuary 17, 2017 to April 18, 2017, the Planning Commission conducted duly
noticed public forums and accepted and considered all of the public testimony on this
issue, foIlowing which the city attorney was instructed to make specified changes to the
view preservation ardinance, and staff was directed to schedule a public hearing.
Section 2. The Planning Commission finds that this resolution is not subject to the
CaIiforr�ia Environmentai Quality Act (CEQA) pursuant to the following sections of the CEQA
Guidelines, Califoz�nia Code of Regulations, Tit�e 14, Chapter 3: (i) Section 15031(b}(3) (CEQA only
applies �o activities which have the potential far having a signi�cant effect on the environment); (ii)
Section 154b0(c)(3} (the activity is not a project as defined in Section 15378); and Section 15061(b}{3)
{the proposed amendments wi�l not in itself result in any environmentaI impacts nor will the amendment
result in any changes in the physical conditions that exist in the City).
Section 3. Based an the foregoing, the Planning Commissian af the City of RoIling Hills
hereby recommends that the City Council approve Zoning Text Arnendment No. 2017-41, attached
hereto as Attachment A.
PASSED,APPROVED AND ADOPTED THIS 15� OF ST, 7.
C ELF
CHAI N
ATT'EST:
C
ETTE HALL
INTERIM CITY CLERK
Resolution No.2017-15B
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Any action chailenging the final decision of tl�e City made as a result of the publfc hearing on this
application must be filed within the time limits set forth in section �7.54.070 of the Rolling Hills
Municipal Code and Code of Civil Pracedure Section 1094.6.
STATE OF CALIFORiVIA )
COUNTY QF LOS ANGELES } §§
CITY OF ROLLING HILLS }
I certify that the foregoing Resolution No. 2017-15B entitled:
A RESOLUTiQN OF 'I� PLANNING COMIVIISSION OF THE CITY OF ROLLING
HILLS RECOMMENDING THAT THE CITY COUNCIL APPROVE A ZONING TEXT
AMENDMENT TO THE ROLLING HILL� MUNICIP.AL CODE TQ AMEND
SECTION I7.12.220 OF CHAPTER 17.12 (DE�'IrIITION�); AND TO REPEAL AND
REPLACE CHAPTER 17.2d {VIEW PRESERVATIOIV} IN ORDER TO ESTABLISH
AN ADVISORY PROCESS FOR THE REST�RATION OF VIEWS OBSTRUCTED BY
VEGETATION.
was approved and adopted at a regular meeting of the Planning Commission on the 15�' day of
August, 2017 by the following roll call vote:
AYES: Commissioners Cardenas, Cooley and Chairman Chelf.
NOES: None.
ABSENT: Commissioners Kixkpatrick and Seaburn.
ABSTAIN: None.
and in compliance with the laws of Califomia was posted at the following:
Administrative Offices.
TTE HALL
INTERiM CITY CLERK
Resolution No.2017-15B
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ATTACF�VIENT A
Secfion l.. The list of alphabetical definitions of Section 17.12.220 ("V" words, terms
and phrases} of Chapter 1712 (Definitions) of Title 17 {Zoning} of the Rolling Hills Municipal
Code is hereby amended to remove the definitions for "View," "View Corridor," and "View
Impairment."
Secfion 2. Chapter 11.26 (View Preservation} of Title 17 {Zoning) af the Ro�ling Hills
Municipal Code is hereby repealed in its entirety, and repl�ced with the faliowing language:
Ch�pter 17.26 -VIEW PRESERVATION
�7.26A10 Principles and intent.
The City recognizEs the contribution 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 prope:rty ownership far ma�y residential lots in the City. The City also
recognizes the desire of many of its residents and property owne:rs for beautiful and plentiful
landscaping, including trees; and to preserve the landscaping that existed on a property at the time
the property was purchased. The City realizes tlxat this desire may sometimes conflict with th�
preservation of views, and that disputes related to view obstruction are inevitable. Owners and
residents should maintain trees on their praperty in a healthy condition for both safety reasons and
for preservatian of outward views. Before planting trees, owners and residents should consider
view blockage. By this ordinance, the City establishes a process by which persons may seek to
preserve and restore views which existed at any time since they purchased the property from
unreasonable obstruction by the growth of trees. By this ordinance the City also establishes a list
of factors to be cansidered in detertnining appropriate actions to restore views while preserving
the rights of property awners by not unreasonably reducing privacy or shade or other benefits
provided by vegetation on a property. When a view obstruction dispute arises, the parties should
act reasonably to resolve the dispute through friendly communication, thoughtful negotiatian,
compromi�se and other traditioz�aI means, such as discussians with the appropriate neighbors.
Those disputes which are not resolved through such means shall follow the procedure established
herein.
17.26.02Q—Def nitions.
"Crown" means the upper part of a tree, measured from the lowes# branch, including all
the branches and foliage.
"Crown raising" means the selective removal of lower limbs from a tree crown to provide
clearance.
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"Crown reduction" means the method of reducing the 1�eight and/or spread af a tree crown
by making appropriate pruning cuts. This definition alsa includes reduczng the top, sides or
individuai limbs of a tree by means of removal of tlie longest portion of li�nbs to a lateral lirr�b
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"Lacang" means tlie selecti�ve removal of live branches ta provide liglrt or air penetration
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C.EXCIYi�
"Maintenance" means pruning a tree with the primary objec�ive af preserving or
irnproving tree health and s�ructure and enhancing aesthetics.
"Pre-Existing Yiew" means the view that existed at any time since the complainant's
praperty was most recently purchased for faix market value through an arm's length purchase or
sale, as evidenced by a deed. The pre-existing view cannot be the result of a natural disaster or
illega� activities.
"Pruning" removing branches (or occasionally roots) from a tree or other plant using
approved practices, to achieve a specified objective.
"Topping" means cutting back a �ee to a predetermined crown by cutting back large
diameter branches ta stubs and/or tr�ncating the rnain stemltnu�k in order to limit or reduce tree
size. ��
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"View" rneans a visually impressive scene or vista, such as the Pacific Ocean, of£sP�ore
islands, mountains, lights of the Los Angeles basin, the Palos Verdes Hills and canyons, the Los
Angeles Harbor anc�/or Long Beach Harbor, and similar, as observed from a viewing point. A
view may include structures or vegetation in the foreground or background of the view seeker's
property. A "view"may be observed from one or more viewing point, and may be panoramic.
"View fmpairment" means any obstruction of a pre-existing view by vegetation on another
property within the City that diminishes that pre-existing view.
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"Viewirag point" means any view from the primary living area or active use area of a
primary residence, excluding views from m�inor rooms, such as garages or closets, and also
includes views from accessory bui�dings or structures, includi�ng pooi decks and gazebas, but
excluding animal pens, aviaries, corrals, greenhouses, porte cocheres, riding rings, run-in sheds,
sheds, stable/barns, free-standing storage rooms, and ta.ck rooms.
17.26.030—View impairment complaint considerations.
Subject ta other pro�isions of this Chapter, a property owner may initiate a view impairment
complaint by way of the process set forth in section 17.26.040. A person shall not be precluded
from filing a view impairtnent complaint on graunds that vegetation located on the complainant's
property contributes to impaument o� the requested view. A person who has obtained a
recommendation abating impairment of a view against a properiy shal� not be precluded from f ling
a subsequent complaint to abate impaument of the same view by vegetation on another property.
17.26.040 -View Impairment Dispute Resolution Process.
The complaimant shall follow the process established by this Chapter in seeking preservation
or restoration of a pre-existing view.
A. Initiad Recaracadiation.
1. A complainant whose preexistixig view is impaired shall first seek to informally
resolve the impairment with the veg�ta.tion owner. The initial notification to the
vegetation owner mus# be in writing, include a link to this Chapter and contain the
following ianguage: "Failure of #he vegetation owner to respond to the written
request for initial reconciliation within sixty (60) days from the date on the
notification shall be deemed formal refusal by the vegetation owner to participate in
the initial reconcilia�ion." Additionally, any written notification to the vegeta.tion
awner must include evidence of the view abstruction and any requested remediation
action. Remediation action may include an offer on behalf of the view seeker to
perform continued maintenance, or to assist with replanting.
2. During the initial reconciliation, the parties may request assistance from a certified
arborist. The City may provide a link to the International Society of Arboriculture to
allaw residents to sea�rch for a certified arborist. If the parties �reach an agreement,
the signed agreement may be submitted to the City; however, tliere is no need to fi1e
anything with the City once an agreement between the parties is reached. If initial
reconciliatian is refused, or if the parties do not agree as ta �he existence and nature
of the complainant's obstruction and the appropriate restorative action, the
complainant may proceed with mediation.
B. Mediation.
1. �f the initial reconciliation does not yield a resolution of the comptaint, and the
complainant wishes to further utilize the proc�dures under this Chapter, then the
complainant must request, in writing, that the �egetation owner enter into mediation.
The vegetation awner shall have sixty (60) days from the date of the request for
mediation to accept or reject the request in writing. T'he vegeta.tion owner's failure
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to respond within sixty (60) ctays will be deemed ;� formal refusal of inediation and
the complainant may proceed to an advisory hearing before the Committee on Trees
and Views.
2. The parkicipants wi11 have sixty (60} da,ys from the date of the filling of acceptance
o;f inediation to select a mediator. If they cannot agree on a mediatar within sixty
(60) days, they may jaintly request that the City select a mediator. Any mediator
which is selected pursuant to this subsection shall be provided with a link to a copy
of this Chapter.
3. The mediator shall be guided by the provisions of this Chapter, incl�ding the
evaluatian criteria set forth in Section 17.26.050, and the hierarchy of restorative
actians set forth in Section 17.26.060, respectively, in attempting to reso�ve the view
impairment complaint. The mediator shall also consider the recommendations of
any arborists or experts regarding landscape techniques and/or ma.intenance
procedures.
4. 'The mediator's recommendation sha11 be advisory. Any agreement reached by the
parties as a resu�t of the mediation pmcess described herein shall be reduced to
writing and shall include steps for maintenance measures and any associated costs.
The agreement sha11 be signed by all of the parties and may be submitted to the City.
C. Advisory Opinian from the C7'V If the complainant is not satisfied by the recommendation
of the mediator, the cornpla.inant may rec�uest a public hearing before the Committee on
Trees and Views.
1. View Impairment Complaint—Required Information. A view impairment complaint
must be �on a farm provided by the City and shall consist af, but nat be limited to, the
following:
a. A description of the nature and extent of the view, as well as of the alleged
obstruction. If mul�iple views are identified, each must be disjoin#ed and
abservable from a separate viewing at�ea. Evidence of the views and alleged
obstructions must be pertin�nt and may inclttde, but is not lamited to,
documentary evidence, dated photographs, or written declarations. Evidence
must include the date the praperty was purchased by the complaining party,
b. A description af the type and location of a11 vegeta.tion alleged to cause
obstruction, the address of the property upon which the obstructing vegetation is
located, and the present vegetat�on owner's name and ad�ress.
c. Documentary evidence establishing that atternpts at initial reconciliation (as
described in Section 17.26.040(A)) and mediatian (as described in Section
17.26.040(B))have been made and have faailed to resolve the dispute.
d. The view impairment cornplaint fee in the arnount established by resolution of
the city council.
2. View Irrapairment Complaint—Processing. City staff wi11 review the complaint. If
stafF determines that the complaint is incomplete, a letter will be mailed to the
camplainant stating what is needed to complete the complain#within sixty (60) da.ys
from the date of the letter. If the complaint is deemed complete, staff wi11 process
the complaint and prepare a notice pursuant to the requirements in Section
17.26.440{C)(4}{a)-{b), below. If �he parties to a complaint voluntarily elect to
resolve the issue privately at any time following the filing of the camplaint, and
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notify the City of same, the City shall suspend the hearing before the Committee on
Trees and Views until such time as the parties notify the City that they have resolved
the issue {thereby eliminating the need for a hearing) ar that they are unable to
resolve the issue and wish to proceed wittz the hearing.
3. View Impairment Compdairat— Withdrawal. A complaint shalZ be deemed withdrawn
and all proceedings shall be terminated with respect thereto, without prejudice, if:
a. The parties to a complaint notify the City that�t has been voluntarily resolved;
b. The complainant fails or refuses to provide supplemental information reqnested
by the City;
c. The complainant fails or refuses�o pay the cost of the expert servic�s;
d. The complainant requests a delay of the proceedings for more than one hundred
eighty(�80}days (unless good cause exists for the delay); or
e. The hear�ng before the Committee on Trees and Views i5 suspended by the
pat�ies to a compiaint for more than one hundred eighty (1$0) days.
4. View Impairment Complaint—Revfew by Cammittee on Trees and Views.
a. Notice Required. The City shall provide notice of the hearing a minimum of
fifteen (15) days prior to the hearing. The hearing shall not proceed unless proof
is shown that the vegetation own�r received notice of the hearing as provided
herein:
i. Notice shall be given by certified mail, return receipt requested, to the owner
of the�ree or other obstructing vege#ation and to the complainant;
ii. Notice shall be given by first class mail to a�1 property owners within one
thousand feet of the exterior bounc�ary of the property on which the tree ar
ather obstructing vegetation are Iacated and to other p�rsons who, in the
Committee's juc�gment, might be affected.
b. Content of Notice. The notice shall state the name of the comp�aining �arty or
parties, the name of the praperty awner against whom the complaint is filed, a
brief d�scriptian of the tree(s) or other vegetation at issue, and the ti�ne and place
of hearing. The notice shall invite written comments to be s�xbmitted priar to or at
the hearing.
c. Conduct of Hearing. The Committee shall adopt rules for the conduct of
hearings. At the hearing, the Committee shall consider all written and oral
testimony and evidence presented in connection with the comp�aint. If during the
coutse of t�ie proceedings it is discovered that information submitted in a
comp�aint is inaccurate or incomplete such �iat it could be misleading, or a
significant change has occurred impacting either the pre-existing view or the
obstruction, an app�icant may be directed to amend the camplaint or submit
supptemental information. In the event the Committee requires expert advice in
conside�ration of the matter, the cost of obtain.ing such evidence shall be borne by
the complainant, pursuant to writ�en agreement with the City. 'The City shall
select such expert and enter into an agreement only upon receipt of a payment for
the selected service from the party.
d. Findings. The Committee sha1l be guided by the pravisions of this Chapter,
including the evaluation criteria set forth in Section 17.26.050, and the hierarchy
of r�storative actions set forth in Section 17.2b.060,respectively, in attempting to
resolve the view impairment complaint. Based on the evidence received and
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considered, tne Committee shall make any of the foliawing findings anc�adopt an
advisory resolution in support of�he foregoing determina�ion:
i. That no view exists within the meaning of this chapter;
ii. That a view e�ists witliin the meaning of this chapter, but that the �iew is no#
significantly impaired; ar
iii. That a view exists within the meaning of this chapter and that i� is
significantly impaired.
The Committee shall make specific written fi�dings in support of the foregoing
determinations.
e. Recom»aendation. If the Committee finds that a pre-existing view exists within
the rneaning of this chapter and that it is impaired pursuant to the conditions
outlined in Section 17.26A50, it shall recommend such restorative action as is
necessary to abate the view impairment, pursuant to section 17.26.Q60 of this
Chapter. The Committee may recommend conditions as are necessary to prevent
future view impairments.
f. As described in Section 17.26,060(B), the complainant may bear the cost of#he
initial restorative actian, unless the parties agxee to share the costs in some other
manner. The City sha21 nat be responsibte for enforcement of the Committee's
advisory resolutian.
g. Within sixty (GO) days of the date of the advisory resolution, if eitl�er or both
paxties disagree with the advisory resalution and wish to pursue a review hearing
before the City Cauncil, the disagreeing party must notify the City in writing that
they wish ta proceed with a review hearing before the City Counci�.
D. Review Hearing befare the City Cauncal. If either party is not sa�isfied by t'he
recommentla#ion of the CTV, said pariy may request a public hearing before the City
Council to review the decision of the CTV.
1. Required Inforrrtation. Requests fox City Council review of a CTV decision must be
in writing on a form provided by the City and s1iall consist of, but not be �imited to,
those reasons why the party is seeking review of the CTV decision befare the City
Council, including any supporting evidence as described by Section i7.26.050. The
request for review of a CTV decis:ion before the City Council must also be
accompanied by the view impairmemt review fee, in the amount established by
resolution of the city council.
2. Processing. City staff will re�iew the request. If staff determines that the request
form is incomple�e, a letter will be maiied to the requester sta.ting what is needec��o
complete the request form within sixty (60) da.ys from the date af the letter. If the
request form is deemed complete, staff will pracess it and prepare a nofiice pursuant
to the requirements in Section 17.26:Q40(C)(4)(a)-(b}, below. If the parties
voiuntarily elect to resolve the issue privately at any time following the filing of the
request form, and natify the City of same, the City shall sizspend the hearing before
the City Couricil unti� such time as the parties notify the City that they have resolved
the issue {thereby elxminating the need for a hearing) or that they are unable to
resolve the isst�e and wish to proceed with the hearing.
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3. Withdrawal. A request shall be deemed withdrawn and all proceedi.ngs shall be
terminated with respect thereto,without prejudice, i�:
a. The parties notify the City#hat it has been voluntarily resolved;
b. The requester £ai�s or refuses to provide supplemental information requested by
the City;
c. The requester fa�ls or refuses to pay the cost of the expert services;
d. The requester seeks a delay of the proceedings for more than one hundred eighty
(1 SO)days (unless goad cause exists for the delay); or
e. The hearing before the City CoUncil is suspended by the paxties to a complaint
for mare than one hundred eighty(180) days.
4. Review by City Councid.
a. Notice Required. The City shall provide notice of the hearing a minimum of
�fteen (15) days prior to the hearing. The hearing shall not proceed unless proof
is shown that the parties received notice af the hearing as pro`rided herein:
i. Notice shall be given by certified mail, return receipt requested, to the owner
of the tree ar ather obstructing vegetation and to the view seeker;
ii. Natice shall be given by first class mail to all property owners within one
thousand feet of the exterior bo�ndary of the property on which the tree or
other obst�ucting vegetation are located and ta other persons who, in the
CounciI's judgment,might be affected.
b. Content of Notace. The notice shall state the name of the requesting party or
parties, t1�e name of the property owner against whom the request is made, a brief
description of the tree{s) ar other vegetation at issue, and the time and place of
hearing. The notice shall invite written comments to be submitted prior ta or at
the hearing.
c. Canduct of Hearing. The Council shall adopt rules for thE conduct of hearings.
At the hearing, the Council shall cansider all written and oral t�stimony and
eviderice presented in connection witl�,the request for review. If duning the course
of the proceedings it is discovered that information submitted in the request is
inaccurate or incorr�plete such that it cou�d be misleading, or a significant change
has occurred. impacting either the pare-existing view or the obstruction, an
applicant rnay be directed to amez�d the request or submit supplementaI
information. In the event the Co;xncil requires expert advice in consideration of
the matfer, the cost af obtaining such evidence sha11 be bame by the parry
requesting the review, pursuant to written agreement with the City, The City
shall select such expert and enter into an agreement only upon receipt of a
payment�or the selected service from the party.
d. Findings. The Council shall be guided by the provisions of this Chapter,
including the evaluation criteria set forth in Section 17.26.050, azid the hierarchy
of restorative actions set forth in Sectian 17.26.060, respectively, in attemp�ing to
resolve the �iew impairment issue. The review hearing shall be conducted as a
de novo hearing. The Counci� may act to uphold, overtum, or otherwise modify
the CTV's ariginal recommendation and shall make specific written findings in
support o�its determination.
e. Recommendation. If the Co�xncil finds rhat a pre-existing view exists within the
meaning of this chapter and that it is impaired pursuant to the conditions out�ined
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in Sechon 17.26.050, rt shali recommend such restorative acrion as is necessary
to abate the view impairment, ptirsuant to section 17,26.0G0 of this Chapter. The
Council may recommend conditions as are necessary to prevent future view
impairments. The City Council's recomrnendation is pwrely advisory and does
not impose any abiigation or requirement on the parties.
f. If the parties agree with the Council's advisory resalution, they must notify the
City in wri#ing within fifteen (15) days of adoptian. As described in Section
17.26.060(B), the party that requested the review before the City Council may
bear the cost of the initial restorative action, unless the parties agiree to shaxe the
costs in same other�nanner. The City shall not be responsible �ar enforcement of
the Coizncil's advisary resolution. Witlun sixty (60) days of the date af the
advisory resalution, if either or both parties clisagree with the advisory resalution
and wish to pursue arbitration, the disagreeing party rnust notify the City in
writing that they wish to proceed with arbitration.
E. Arhitrataon. If the vegetation owner does not participate in mediation or mediation is
unsuccessful or if either ar a�l of the parties dxsagree with an advisory opinion of the City,
and the parties voluntarily pvrsue resolution by binding arbitration then City will reimburse
a portion of the parties' arbitration costs pursuant to City Counci�reso�ution. The following
provisions esta.blish �the procedures required of the parties prior to any City reimbursement
related to arbitration.
1. The parties shal� have sixty (60) days from delivery of the request £or arbitration to
either accept or decline arbitration. Failure to respond within sixty(b0} days shall be
deemec�formal refusal of arbitration. If arbi�ation is accepted, the parties shali agree
in writing to the selection of an individual arbitrator within sixty {60) days of such
acceptance. �f the parties are unable to agree on a specific arbitrator within sixty
(60}days,tliey may jointly request that City staffrandomly select an arbitrator.
2. The arbitrator shall be g�xided by the provisions of this chapte� in attempting to
resolve the view impaizment complaint. The decision of the arbitrator shall be
su�mitted to the parties in writing and shail include the arbi�ator's fmdings with
respect to Sectians 17.26.050 and 17.26.060 of this Chapter. A copy of the
arbitrator's report shall be filed with the City. Any decision of the arbitrator shali be
enfarceab�e p�rsuant to the provisions of Code of Civil Procedzue section 1280, et
seq.
3. The complainant and vegetatxon owner sha11 each pay fifty (54) percent of the costs
of arbitration (unless the paxties agree otherwise or allow the arbitrator discretian in
allocating costs); at the conclusion of arbitration, the City shall reimburse the parties
up to a uniform predetermined amount established by City Councii resolu#ion.
17.2b.054- Considerations for applying the vi�w preservation ordiwance.
A. The follawing nonexclusive factors, for which the parties can prave by a preponderance of
the evidence, are to be cansidered in determining whether a pre-existing view has been
obstructed:
1. The viewing paint(s) from which the view is observed;
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2. The extent of the view obstruction, both currently and at the maximum height the
tree/vegetation is likely to reach(as described by the most current edition of the New
Sunset Western Garden Book);
3. The quality of the view, including the existence of landxnarks, vistas, or other unic}ue
view features;
4. The extent to which trees and/or vegetation have grown to obscure the enjoyrnent of
the view from the claimant's property since the claimant acquired his/her property;
5. T'he extent to which the vegetation on the property preserves privacy (vis�aa.l and
auditory), wind screening, energy conservation, and/or c�unate control;
6. The extent to which the vegetation awner can establish tl�e earliest known date when
the can�plained of vegetation was planted or existed on the vegetation owner's real
property;
7. The extent to which the vegetation owner can establish the earliest known date when
the complained of vegetation was planted or existed on the vegetation owner's real
property; and
S. The degree to which the complainant diligently tried to protect and rnaintai� thear
view through infarmal agreements with the vegetation owner or prior vegetation
owner(s} and to initiate initial discussions with the current vegetation owner; and the
degree to which the currez;t �egetation owner has reasanably participated in initia�
discussions.
B. The following applica�le, nonexclusive factors, for which the parties can prove by a
preponderance of the evidence, may be considered in determining the appropriate restorative
action, if any is necessary:
1. The variety of hee, its projected rate of grawth (as described by the most current
edition of the New Sunset Western Garden Book) and maintenance requirements;
2. The aesthetic quality of the tree(s), including but not limited to species
characteristics, size,growth, form and vigor;
3. Location with respect to overall appearance, design or use of the tree on the
vegetation awner's properiy, including, but not li�ited to bl�nding, buffering, ar
reduction in the scale or mass af a structure;
4. Soil stability provided bq the tree(s), considering soil structure, degree of slope and
extent of the tree's root system;
5. Privacy (visual and auditory) and wind screening provided by the tree{s) to the tree
owner and to neighbors;
6. Energy conservation, shade andlor climate control provided by the trees;
7. Wildlife habitat provided by the trees;
17.26.06Q- Restorative Action.
A. Restorative actions may include,but are nat limited to, the following, in order of preference,
assunning no countervailing health or safety interest(s} exist:
1. Lacing. Lacing is the most preferable pruning technique that removes excess foliage and
can improve the structure of the tree.
2. Crown Raisi�ag.
3. Crown Reduction. Crown reduction is preferable to tree removal;if it is determined tha.t
the impact of crown reduction does not dest�roy the visual proportians of the tree,
Resolution No.2Q17-15�
Page 12 of 14
adversely affect the tree's growth pattern ar health, or otherwise constitute a detriment to
the tree(s) in ques#ion.
4. Heading Back. Heading back is only to be permitted for trees specifically planted and
maintained as a hedge, espa�ier, bonsai, or in poilard form and if restoration actions in
sections (A) through (C) of this section wi11 not accomplish the determined preservatian
action and the subsequent growth characteristics will not create a future obstruction of
greater proportions.
5. Toppfng. Topping is only to be permitted fox trees/vegetation species for which it is
appropriate.
6. Removad. Removal may be considered when the abave-mentioned restoration actions
are judged to be ineffective and may be accompanied by replacement plantings or
appropriate plant materials ta restore the m�imum benefits lost due to vegetation
removal.
B. Restorati�e action sha11 inciude rvritten conditions {includiuig ongoing maintenance),
directions, and a schedule by which the mandates must be completed, and may be made to
run with the land and apply to successors in interest. The camplainant may bear the cost of
the initial restorative action, unless the parties agtee to share the costs in some ather manner.
Subsequent maintenance of the vegetatian in question may be performed a# the cost and
expense of the owner of the property on which the �egeta.tion is growing, unless otherwise
agreed to by the parties or required pursuant to any final arbitration agreement or court
order. Tl�.e vegeta.tion shall be maintained so as�ot to allow for future view impairments.
C. In cases where restorative action may affect the health of a tree, such actions should be
carried out in accordance with standards established by the International Society of
Arborfculture fo:r use in the state of California. Severe pruning (heading back and/or
topping) s�auld be avoided due to the damage such practice causes to the vegetation's form
and health. Where remaval is required, replacement by appropriate species should be
considered.
17.26A70--Litiga�ion.
This section creates a pr�vate right of aation �or the view se�ker against the vegetation awner
under the pxovisions of this chapter. It is the intent of this chapter that the evalua#ion criteria set
forth herein be utilized in adjudicating view equity cla.ims in civil litigation. In the ever�t c�f ciuil
Iitigation,the plaintiff shali provide a copy of the com�laint to the city.
The prevailing party in any civil action braught pursuant to this chapter shall be entit�ed to
recover its reasonable costs and attorney's fees incurred in the litigation.
17.26.084 - C'ammittee on trees and views.
A Committee an Trees and Views is esta.blished for the purpase of administering advisory
recommendations pursuant ta sec�ion 17.2b.040(C) of this chapter. The Committee shal� be
composed of three members of the Planning Commission appointed by the Commission annually
at the same time as the Coxnmission seZects its officers, or whenever a vacancy occurs. Commzttee
meetir�gs shall be scheduied as adjourned or special meetings of the Commission.
Resolution Na.2017-15B
Page 13 of 14
17.26.090—Enforcement and LiabiIity.
A. Under no circumstances shall the City have any responsibili�y to enforce ar seek any legal
redress, civil or criminat, for any decision that any other person or entity makes cancerning a
view impa.irment compfaint.
B. The issuance of inediation findings, an arbitration award, or a court decision shall not create
any liability of the City with regaxd to the restorative actions to be performed.
C. A failur� to comply with the provisions of this Chapter is not a violation of this cade, and
the enfarcement of this Chapter sha1�be only by the affected and interested private pa.rties.
Resolution No.2fl 17-I SB
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