354 �
:�
ORDINANCE NO. 354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
TO AMEND THE ROLLING HILLS MUNICIl'AL C�DE SECTTON 7.7.72.220 OF
CHAPTER�17.12 (DEFINITIONS); AND TQ REPEAL AND REPLACE CHAPTER
17.26 (VIEW PRESERVATION) YN ORDER TO ESTABLISH AN ADVIS�RY
PROCESS' FOR THE RESTORATION OF VIEWS OBSTRUCTED BY
' VEGETATION,IN ZOIVING TEXT AMENDMENT NO. 2027-Q1.
� The Caty Couricil of the City of Rolling Hi11s does ordain as fvllows:
Section 1. Rolling Hills Municipal Code ("RHMC'} Chapter 17.26 governs the
process by wh�ch a property owner whose views have become impaixed by vegetation
growing on another property may obtain abatement of the view impairment. Section
�L7.12.22Q defines a view. Collectively, RHMC Chapter 17.2b and the definition of a view
make up the City's "View Ordinance." The City has been engaged an a long-term effort to
update the View Ordinance to clarify its provisions and address circumstances that have
arisen in the Committee on Trees and Views' application of the View Ordinance.
Section 2. In March 2013 the electorate of Ralling Hills voted to adopt Measure B
in an effort to provide equitable applica�ion of the View Ordinance. However, the
adoption of Measure B has led to practical difficulties in the application of Chapter Z7.26 of
the Rolling Hi11s Municipal Code (�he City'� view preservation ordina.nce} and the Ci�y
Gouncil appointed an Ad-Hoc Comm�ittee consisting of several Rolling Hills residents, two
Councilmembers ar�d Planning Commission Chairman to work collaborativeiy to develop
concepts to be used to rewrite the view preservation ordinance in order to address the
ambiguities and uncertainties that hamper its effective application and enforcement:
Section 3. On November 2Q, 201b, the City Council directed the Pianning
--- �ommission to commence discussions and public hearings relative to the concepts and
ideas that were develop�d by the Ad-Hoc Committee and from January 7.7, 2Q17 to April
18, 2017, the Planning Commission conducted duly noticed public forums and accepted
and considered all of the public tes�imony on �his issue. Following the public forums,
between June 2017 and August 2017 the Planning Commissian held public hearings, at
which specified changes to the view preservafion ordinance were being considered. Not�ce
of the public hearings was provided as required by law.
Section 4. Chapter 17.50 of the RHMC sets forth procedures for amending the
Toning Ordinance. A public hearing before the Planr�ing Commis�ion is necessary before a
recommendation for a Zoning Code amendment can be made to the City Council. After
holding the public foxums and public hearings, at which the P1aru�ng Commission
received public comments and which were considered in concert wi�h the
recommendations of the Ad-Hoc Committee, the P�anning Commission adopted a
Resolution recommending that the City Council adopt an 4rdinance to amend Section
17.12.220 of Chapter 17.12 {definitions); and to �repea� and replace Chapter 17.26 (View
Preservation) of the Rolling Hills Municipal Code in order to establish an advisory process
£or the restorat�on of views obstructed by vegetation, in Zoning Text Amendment No.
2017-01.
,_R Section 5. The City Council finds that this ordinance is not subject �o the
Californi.a Environmental Q�ali'ty Act (CEQA) pursuant �o the following sections of the
CEQA Guidelines, California Code of Regulations, Tit1e �4, Chapter 3: {i} Section
1503�(b){3} (CEQA or�l.y applies to ac�ivities which have the po#ential for having a
�ignificant effect on the environment); (ii) Section 15060(c)(3} (the activity is not a project as
defined in Sec�ion Z5378); and Section 15061(b){3) (the proposed amendments will not in
itself result in any environmental impacts nor will the amendment result in any changes in
the physica�conditions that exist in the City}.
Section 6. After considering the information presenfed during public hearizlgs
on this matter, the Ci�y Council finds that the proposed Zoning Text amendments comply
with the requi7rements o£ the City of Rolling Hills Gene:ral Plan and State Planning and
Urdinance No.354 View Preservation(CC 10-23-17) i
Zoning Laws (Governmen�section b5000 et seq.) and will preserve the public health, safety
and general welfare, while balancing property rights. Notice af the public hearings was
provided as required by law.
Section 7. The City Council hereby adopts an Ordinance aniending Section
17.12.220 and repealing and replacing Chap�er 17.2b of Title 17 (Zoning) of the Rolling
Hills Municipal Code, which is attached hereto as Attachment A.
Section 8. In the event that Measure C, scheduled for the November 7, 20�7
special Municipal election fails to be adopted by the electorate, this Ordinance shall be
automatically null and void and of no force and effect.
Section 9. If any section, subsection, sentence, clause ar phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shaJ.l not affect the
validity ar constifutionality of the remaining portions of this ordinance. The City Cauncil
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sec�ions,
subsections, sentences or clauses or phrases be declared invalid or unconstitutional.
Section 10. The ordinance shall take effect thirty days after the date of its passage.
Section 11. 'The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
PASSED, APPR�VED AND ADOP'TED this 23rd day of October 2017.
J S BLACK, M.D.
MA OR
ATTEST:
._,�, �
�`
Y TTE HALL
INTERIM CITY CLERK
Any ac�ion challenging the ffinal decision of the City n�ade as a result of the public hearing
on this application must be filed within the time limits set forth in section 17.54.07Q of the
Rolling Hills Municipal Code and Code o£Civil Procedure Section 1094.b.
Ordinance No.354 Vfew Preservation{CC 10-23-17) 2
STATE OF CALIFORNIA)
�OUNTY OF LOS ANGELES } �§
GITY OF ROLLING HILLS)
I cezti£y that the foregoing Ordinance No. 354 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
TO AMEND THE ROLLING HILLS MUIVICIl'AL CODE SECTION �7.12.220 OF
CH.APTER 17.12 (DEFINiTIONS}; AND TO REPEAL AND REPLACE CHAPTER
17.26 (VIEW PRESEI�VATION} IlV ORDER T4 ESTABL�SH AN ADVxSORY
PR�CESS FOR TI�E RESTORATI�N OF VTEWS QBSTRUCTED BY
VEGETATYON, IlV ZONII�TG TEXT AMENDMENT NO. 2Q17-01.
�vas approved and adopted at a regular meeting of the City Council on October 23ra, 20I7
by the foliowing ro11 call vote:
�YES: Council�nembers Dieringer,Mirsch, Pieper and Wilson.
N'OES: Mayar Black.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of Califorrua was posted at the following:
r'+idministrative Offices.
_ �. ��'°-�.� �._... �
��.g.
E HALL
INTERIM CITY C[.ERK
Ordinance No.354 View Preservation(CC 10-23-17) 3
ATTACHMENT A
Section 1. The list of alphabetical definitions of Section 17.]2.220 {"V" words,
terms and phrases) of Chapter �7.12 (Definitions) of Title 17 (Zoning} of the Rolling Hills
Municipal Code is hereby amended to remove the definitions for "View," "View
Carridor," and"View Impairment."
Section 2. Chapter 17.2b (View Presertration) of Title 17 (Zoning) of the Rolling
Hills Municipal Code is hereby repealed in its entirety, and replaced with the following
language:
Chapter 17.26-VIEW PIZESERVATION
17.26.Q10 Principies and intent.
The City reco�izes the contxibution of views ta the overall character and beauty
of the Cify. Views of the Pacific Ocean, Catalina Island, City lights and Los Angeles
Harbor are a special quality of property ownership for many residential lots in the City.
The City also recognizes the desire of many of its residents and property owners for
beautiful and plentifiil landscaping, including trees; and ta preserve the landscaping that
existed on a property at the time the property was purchased. The City rea�izes that this
desire may sometimes conflict with the preservation of views, and that disputes related
to view obstruction are inevitabie. Owners and residents should maintain trees on their
property in a healthy condi�ion €or both safety reasons and for preservation 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 vegetation. By this ordinance the Ci#y also
establishes a list af factors to be considered in determining appropriate ac�ions to restore
views while preserving the rights of property owners by not unreasonably reducing
privacy or shade or other benefits provided by vegetatian on a property. When a view
abstruction dispute arises, the parties should act reasonably to resolve the dispute
through friendly communica'tion, thoughtful negotiation, compromise and other
traditiona� means, such as dis�ussions with �he appropriate neighbors. Those disputes
which are not resolved through su�h means shall follow the procedure established
herein.
17.26A20 - Definxtions.
"Crown" means the upper part of a tree, measured from the lowest branch,
including all the branches and foliage.
"Crown raising" means the selective remaval of lower lirnbs from a free crawn to
provide clearance.
, ¢
�
; '
..
, .
� . �
,
, �.�
�
a..
"Crown reduction" meax�s the method o£ reducing the height and/or spread of a
tree crown by making appropriate pruning cu�s. This definition also includes reducing
the top, sides or individual iimbs af a tree by means of removal of the Iongest porrtion of
limbs to a latera2limb large enough to assume the tree's growth.
Ordinance No.354 View Preservation(GC 10-23-17) 4
i
S
L��, �+�1
f �{{ �F �
►+� �f" �
r 4
ii.�,. %I .si J� �� �
� a, ,r
a �_� �� � *
� �• y r,�.
F ��
� ..�t {
i 1
7 'y �
i � � y'•
'�=t� � t
y
ti�.�;- '�g
M'iF `��t• y
+:�. ,��. �:
'a+ `'r.
♦
� Sb~
A
� "Heading back" means cutting a shaot back to a bud or cntting branches back to
�uds, stubs, or lateral branches not large enough to assume apical dominance.
-,�--
� �1.
�
�
� "Lacing" means the selective removal of live branches to provide ligh� or air
�penetratian through the tree or to Izghten the weight of the remaining branches.
.�� .
+ V :x � �t � T ;�} ��.,
\;,i i �7 �' T�� ��Y ;��i'
��� ` �r '� ' � � ��'�.;� .
:�. �� =' .���' � � s r .: N
: r .•� � � �����:rr
1_ _�. �r �
' �
\. •-�'I�F
$EfOi�O 81[l�A130T'
�BCf il�
"Maintenance" means pruning a tree with the primary objective of preserving or
nmproving tree health and structvre and enhancing aesthetics.
� "Pre-Existing View" means the view that existed at any time since the
�omplainant's property was rnost recently purchased for fair market value through an
arni s length purchase or sa.le, as evidenced by a deed. The pre-existing view canna# be
'the resuit of a natural disaster or illegal activities.
"Pruning" removi�g branches (ar occasionally roots) from a firee or other plant
��using approved practices, to achieve a specified objective.
"Topping" means cutting back a tree to a predetermined crown by cutting back
large diameter branches to siubs and/or truncating the main stem/trunk in order to
�imit or reduce tree size.
Ordinance No.354 View Preservation(CC 10-23-17) 5
� `
ti t
�� j �
5
"View" means a visually impressive scene or vista, such as the Pacific Ocean, off-
shore islands, mountains, lights o£ the Los Angeles basin, the Palos Verd�s Hills and
canyons, the Los Angeles Harbor and/or Long Beach Harbor, and similar, as observed
from a viewing point. A view may inc�ude struct�ares or vegetation in the foreground or
background of the view seeker's prvperty. A "view" may be observed from one or more
viewing point, and may be panoramic.
"View impairrnent" means any obstruction of a pre-existing view by vegetatxon on
another property within the City that significantly diminishes that pre-existing view.
"Viewing point" means any view from the primary living area or active use area of
a primary residence, excluding views from minox rooms, such as garages or closets, and
also includes views from accessory buildings or struc�u.res, inciuding pool decks and
gazebos, but excluding animal pens, aviaries, corrals, greenhouses, porte cocheres, riding
rings, run-in sheds, sheds, stable/barns, free-standing storage rooms, and tack rooms.
17.26.030-View impairment camplaint considerations.
Subject #o ather provisions of this Chapter, a properfy owner may initiate a view
impairment complaint by way of the process set forth in section 27.26.040. A person shall
not be precluded from filing a view impairment complaint on grounds tha# vegetation
Iocated on the complainant's property cantributes ta unpairment of the requested view. A
person who has obtained a recommendation abating impairment of a view against a
praperty sha11 not be precluded from fiiing a subsequent coxnplaint to abate impairment of
the same view by vegetation on another property.
17.26.040-View Impairment Dispuie Resolutiun Pracess.
The complainant shall follow the process established by�his Chapter in seeking
preservation or restoratian of a pre-existing view.
A. Initial Reconciliation.
1. A complainant whose preexisting view is impaired shall first seek to
informally resolve the impairment with the vegetation ovvner. The initial
notification to the vegetation owner must be in writing, include a link to this
Chapter and contain the following language: "Failure of the vegetation
owner to respond to the written request for initial reconciliation within sixty
(60) days from�he date on the notification shall be deemed formal refusal by
the vegetation awner to participate in the initial reconciliation."
Additionally, any writte� notifi�ation to the vegetation owner must inciude
any supporting evidence of the view obstruction, (as described by Section
17.26.0�0) and any requested remediation action. Remediatian action may
include an offer on behalf of the view seeker to perform continued
main#enance, 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 So�iety of
Arboriculture to a11ow residents to search for a certified arborist. If the
parties reach an agreement, the signed agreement may be submitted ta the
City; however, there is na need to file anything with the City once an
agreement between the parties is reached. If initial reconci�iation is refused,
Ordinance No.354 View Preservation{CC 10-23-17) 6
or if the parties do not agree as ta the e�ci.sten�e and nature of the
complainant's obstruction and the appropriate res�orative action, the
complainant may proceed with mediation.
B. Mediation.
1. �£ the initial reconci�iation does not yi.eld a resolution of �he complaint, and
the complainant wishes to £urthex utilize the procedures under thi,s Chapter,
then the complainant must request, in writing, that the vegetation owner
enter into mediation. The vegetation owner sha1l have sixty (60} days from
the date of the request far mediation to accept or re�ect the request in writing.
The vegetation owner's faih3.re to respond within sixty (60) days will be
deemed a formal refusal of inediation and the complainant may proceed to
an advisory hearing before the Committee on Trees and Views.
2. T'he participants will have sixty (6Q} days from the date o£ the filling of
acceptance of inediation to select a mediafor. �f �Y►ey cannot agree on a
mediator within sixty (60) days, they may jointly 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 rnediator sha1l be gtZided by the provisions of this Chapter, including the
evaluation criteria set forth in Section 17.26.050, and the hierarchy of
restorative actions set forth in Section 17.2b.Ob0, respectively, in attempting
to resolve the view impairment complaint. The mediator shall alsa consider
the recommendations of any arborists or experts regarding landscape
techniques and/or maintenance procedures.
4. 'The media�ox�s recommendation sha11 be advzsoxy. Any agreemen.t reached
by the parties as a result of the mediation process described herein shall be
reduced to writing and shall include steps £or maintenance measures and
any associated costs. The agreement shall be signed by all of the parties and
may be submitted to the City.
C. Advisory Opinion from the CTV. If the complainant 15 not satisfied by the
recommendation of the mediator, the complainant may request a public hearing
before the Committee on Trees and Views.
1. Vfew Impairment Complaint - Requared Information. A view impaiarment
complau�t must be on a form provided by the City and shall consist of, but
not be lirnited to, the following:
a. A description of the nature and extent of the view, as well as of the
alleged obstruction. Tf multiple views are identified, each must be
disjoin�ed and observable from a separate viewing area. Evidence of the
views and alleged obstructians must be pertinent arid may include, but is
not iunited to, documentary evidence, (as described by Section 17.26.050),
dated photographs, or written declarations. Eviden.ce must include the
date the property was purchased by the complaining party.
b. A description of the type and location of a11 vegetation alleged to cause
obstru�tian, the address of the property upon which the obstructing
vegetation is located, and the present vegetation owner's name and
address.
c. Documentary evidence es�ablishing that attemp�s at utitial reconci�iation
(as described in Section 17.26.040{A}) and mediation {as described in
Section 17.26.040{B}) have been made and have failed to resolve the
dispute.
d. The view impairment complaznt fee in the amount established by
aresolution of the city council.
2. View Impaarment Complainf -- Processing. City staff wi�l review the complaint.
If staff determines that the complaint is incomplete, a letter will be mailed to
�1e COITIPIainan{ 5tltlrig W�lat 15 needed fa complete the camplaint within
Ordinance No.354 View Preservation(CC 10-23-17} 7
sixty (60) days from the date of the letter. Xf the complaint is deemed
complete, staff will process �he complaint and prepare a notice pursuant to
the requirements in Section 17.26.04Q(C}(�)�a}-(b), below. Tf the parties to a
complaint volun#arily elect to resolve the issue privately at any time
following the filing of the complaint, and notify the City of sarne, the City
shall suspend the hearing befare the Committee on Trees and Views until
such �ime as �he parties notify the City that they have resolved the issue
{thereby eliminating the need for a hearing) or tha�they are unable to :resolve
the issue and wish to proceed with the hearing.
3. Vfew Impairment Compraint - Withdrawal. A complaint sha11 be deemed
withdrawn and a�l proceedings shall be terminated with respect thereto,
without pre�udice, �f:
a. The parties to a complaint notify the City that it has been voluntarily
resolved;
b. The complainant faiis or refuses to provide supplemental information
requested by the Ci#y;
c Th�comp�ainant fails or refuses to pay the cost of the expert services;
d. The complainant xequests a delay of the proceedings for more than or�e
hundred eighty (�80) days (unless good cause exists for the delay); or
e. The hearing before �he Committee on Trees and Views is suspended by
the parties to a con�plaint for more than one hundred eighty (180) days.
4. View Impairment Cornplaint-Review by Committee 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 p�roceed
unless proof is shown that th� vegetation owner received natice of the
hearing as provided herein.
i. Notice shall be given by certified mail, return receip�requested, to the
owner of the tree or other obstructing vegetation and to the
complainant;
ii. N'otice shall be given by first class mail to all property owners within
one thousand feet of the exterior boundary of the property on which
the tree or other obstructing vegetation are located and to other
persons wha, in the Cominittee's judgment, might be affected.
b. Content of Notice. The natice shall state the name of the complairiing party
ar parties, the name of the property owner against whom the complaint is
filed, a brief description of the tree(s) or other vegetation at issue, and the
time and place of hearing. The notice shali invite written con�ents to be
submitted prior to or at the hearing.
c Coraduct af Hearing. The Committee shall adopt rules for the conduct of
hearings. At �he hearing, #he Committee shall consider all written and
oral testimony and evidence presented in connection with the comp�aint.
If during the course of the proceedings it is discovered that information
submitted in a complaint is inaccurate or incomplete such that it could be
misleading, or a sig�ificant change has occurred impacting either the pre-
existing view or the obstruction, an applicant may be directed to amend
the complaint or submit supplemental information. In the event the
Committee requires expert advice in consideration of the matter, fhe cost
of obtaining such evidence shall be borne by �he complainant, p�rsuant
to written agreement with the City. The City shall select such expert and
enter into an agreement only upon receipt of a payment for the selected
sexvice from the party. If the City de�ermines that an arborist's testimony
is required, said arborist shall eith�r be a consulting or certified arbarist.
d. Findings. The Committee shall be guided by the provisions of this
Chapter, including the evaluation criteria set forth in Section �7.26A50,
and �he hierarchy of restorative actions set forth in Section 17.26.060,
respectively, in attempting to resolve the view impairment complaint.
Based on the evidence received and considered, the Committee shall
make any af the following findings and adopt an advi.sory resolution in
Ordinance No.354 View Preservation(CC 10-23-17) 8
support of the foregoing determination:
i. That no view exists within the meaning o£this chapter;
ii. That a view exists within the meaning of this chapter, but �hat the
view i.s not significantly impaired; or
iii. That a view exists with�n the meai�g of this chapter and that it is
sigmificantly impaired.
The CommitteE shall make specific written findings in support of the
foregoing deterrninations.
e. Recommendation. If the Committee finds that a pre-existing view exists
within the meaning of this chapter and that it is significantly impaired
pursuant ta the conditions outlined in Section 17.26.050, it shall
recommend such restorative action as is necessary to abate the view
in�pairmen�, pursuant to section 17.26.060 af this Chapter. The
Committee may recoinmend conditions as are necessary to prevent future
view impairments.
f. As described in Section 17.26.060(B), the complainant may bear the cost af
the uutial res�orative action, unless the parties agree to share the costs in
some other manner. The City shall not be responsible for enforcement of
�he Committee's advzsory resolution.
g. Withut sixfy (6D} days of the date of the advisory resolution, if ei�her or
both parties disagree with the advisory resolution and wish to pursue a
review heaxing before the City Council, the disagreeing party must notify
the Czty in writing that�hey wish to proceed with a review hearing before
the City Council.
D. Review �learing befare the City Counci2. If either party is not satisfied by the
recommendation of the CTV, said paxty may request a public hea�ring before the
City Council to review the decision of the CTV.
1. Required Information. Requests for City Counci� review of a CTV decision
must be in writing on a form pravided by the City and shall consist of, but
not be limi�ed to, those reasons why the party is seeking review of the CTV
decision before �he Gty Council, including any supporting evidence as
described by Section 17.2b.Q50. The request for review af a CTV decision
before the City Council must also be accompanied by the view impairment
review£ee, in the amount established by resolutio�o£the city council.
2. Processing. City staff will review the request. If staff determines that the
request form is incomplete, a Ietter will be mailed to the requester stating
what is needed to complete the reques'� form within sixty (60) days from the
date of the Ietter. If the request form is deemed complete, staff wi11 process it
and prepare a notice pursuant to the requirements in Section
17.2b.Q�0(C)(4)(a)-(b), below. If the parties voluntarily elect to resolve the
issue privately at any time follawing the filing o£the request form, and notify
the City of same, the City shall suspend the hearing before the City Council
until such time as the paxties notify the City that they have resolved�he issue
(thereby elimxnating the need for a hearing) or that they are unable to resolve
�he issue and wish to proceed with th�hearing.
3. �thdrawa7. A request shall be deemed withdrawn and all proceedings shall
be terminated with respect thexeto, without prejudice, i�:
a. The parties notify the City that it has been voluntariZy resolved;
b. The requester faiZs or refiises to provide supplemental informatian
requested by the City;
c. The requester#ails ar refuses to pay the cost of the expert services;
d. The requester seeks a delay of the proceedings for more than one
hundred eighty (180) days (unless good cause exists for the deiay); or
e. The hearing be£ore the City Council is suspended by the parties to a
complaint for more than one hundred eighty (180) days.
Ordinance No.354 View Preservation(CC 10-23-17) 9
4. Review by City Counc�I.
a. Natice Required. The City shall provide notice of the hearing a minimum
of £ifteen (I5} days priar to the hearing. The hearing shall not proceed
unless proof is shov►m that the parties received natice of the hearing as
provided herein:
i. Notice shall be given by certified mail, return receipt requested, to the
owner of the tree or other obstructing vegetation and ta the vie�v
seeker;
ii. Notice shall be given by first class mail �o alI property owners within
one thousand feet of �he exterior baundary of the property on which
the tree or other obstructing vegeta#ion are �ocated and to other
persons who, in the Council's judgment,might be affected.
b. Canterct of Notice. The notice shall state the name of the requesting party
or parties, the name of the property owner against whom the request is
made, a brief description of the tree(s) or other vegetataon at issue, and
the time and place of hearing. The notice shall invite w�ritten comments to
be submitted prior to or at the hearing.
c. Corcduct of Hearing. The Council shall adopt rvles for the conduct o£
hearings. At the hearing, the Council shall consider all written and aral
testi.mony and evidence presented in connection with the request for
review. If during the course of the proceedings it is discovered that
information submitted in the request is inaccurate or incomplete such
that it cauld be misleaci�ng, or a significant change has occurred
impacting either the pre-existing view or �he obstr�ction, an applicant
may be directed to amend the request or subnut supplemental
information. �n the event the Council requires expert advice. in
consideration of the matter, the cost of obtaining such evidence sha11 be
borne by the party requesting the review, pursuant to written agreement
with the City. The City sha11 select such expert and enter into an
agreement only upon receipt of a payment for the selected service from
the party.
d. Findings. The Council shal� be guided by the provi.sions of this Chap�er,
including the evalua�ion criteria set forth in Section 17.26.050, and the
hierarchy of restorative actions set forth in Section 17.26.060, respectively,
in attempting to resol�e �he view impairment issue. T'he review hearing
shall be conducted as a de novo hearing. The Council may act to uphold,
overturn, or otherwise modify the CTV's original recommendatian and
shall make specific written findings in support of its determination.
e. ftecommendation. If the Council finds that a pre-existing view exists within
the meaning of this chapter and tha� it is significan�ly impaired pursuant
�o the conditions outlined in Section 17.26.050, it shall recommend such
restorative action as is necessary to abate the view impairment, pursuant
to section 17.26.06Q of this Chapter. The Council may recommend
conditions as are necessary to prevent future view impairments. The City
CounciYs recomxnendation is purely advisoxy and does not impose any
obiiga�ion or requirement on the parties.
f. If the parties agree with the Council's advisory resolution, they must
notify the City in writing within fifteen (25} days of adoption. As
described in Section 17.26.Ob0(B}, the party that requested the review
befare the City Counci� may bear the cost of the initial restorative actian,
unless the parties agree to share the costs in some other manner. The Ciiy
shall not be responsible for enforcement o£ the CounciYs advisory
resolution. Within sixty (60} days of the date of the advisory resolution, if
either or both parties disagree with the advisory resolution and wish to
pursue arbitration, �he disagreein.g party must notify the City ir► writing
that they wish to proceed with arbitration.
E. Arbitration. If the vegeta�ion owner does not participate in mediation or mediation
is unsuccessful or if either or all of the pazties disagree wi#h an advisory opinion of
Ordinance No.354 View Preservation(CC 10-23-17) l0
the City, and the parties voluntarily pvrsue resolution by binding arbitration then
City will reunburse a pQrtion of the parties' arbitration cosf�s pursuant to City
Council resolution. The following provisions establish the procedures required of
the parties prior to any City reunb�arsement related to a�rbitration.
1. The parties shall have sixty (b0) days from delivery of the request for
arbitration to either accept or decline binding a�rbitration. Failure ta respond
within sixty (6�) days shall be deemed formal refusal of arbitration. If
arbitration is accepted, the parties shall agree in writing�o the select�on of an
individual arbitrator within sixty (60} days of such acceptance. If the parfies
are unable to agree on a specific arbitrator within sixty (60} days, they may
jointly request fhat City s#.aff randomty select an arbitrator.
2. The arbitrator shall be guided by the provisions of this chapter in attempting
to resolve the view impairment complaint. The decision of the arbi#rator
shall be submitted to the parties in writing and shall include the arbitrator's
findings with respect to Sectzons 17.26.05Q and 17.26.060 af this Chapter. A
copy of the arbitrator's report shall be filed with the City. Any decision of
the arbit,rator sha11 be enforceable pursuant to the provisions o�Cade of Civil
Procedure section 1280, et seq.
3. The complainant and vegetation owner shall ea�h pay fifty (50) percent of
the costs of arbitration (unless the parties agree o�herwise or allow the
arbitrator discretion in allocating costs); at the conc�usion of binding
arbitration, the Caty shall reimburse the parties up to a uniform
predetermined amount established by City Council resolution.
17.26.050- Considerations for applying the view preservation ordinance.
A. The following nonexcl�usive factors, for which the parties can prave by a
preponderance of the evidence, are �to be considered in determining whether a pre-
existing view has been obstructed:
1. The viewing point(s) from wluch the view is observed;
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 exi.stence of landmarks, vis#as, or other
unique view£eatures;
4. The extent to which trees and/or vegetation have grown to obscure the
enjoyment of the view from the claimant's property since the claimant
acquired his/her property;
5. The extent to which the �egetation on the property preserves privacy (visual
and auditory}, wind screening, e�ergy conservation, and/or climate contrai;
6. 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 owne�'s real property; and
7. The degree to which the camplainant diligently tried to protect and maintain
their view through informal agreements with the vegetation owner or prior
vegetation owner(s) and ta irutiate initial discussions with the current
vegetation owner; and the de�ee to which the current vegetation owner has
reasonably participated in uutial discussions.
B. The following applacable, nonexclusive factors, for which the parties can prove by a
preponderance of the eviden�e, may be considered in determining f11e appropriate
restorative action, if any is necessary:
I. The variety o£ tree, its projected rate o€ growth (as described by the most
current edition of the New Sunset Western Ga�rden Book} and maintenance
requirements;
2. The aesthetic qualzty of the tree{s}, including but not limited to species
characteristics, size, growth, form and vigor;
Ordinance No.354 View Preservation{CC 10-23-17) 11
3. Locatian with respect to overall appearance, design o�r use of the tree on the
vegetation owner's property, inclnding, but not limi�ed to blending,
buffering, or reduction in the scale or mass of a structure;
4. Soil stability provided by the tree(s}, considering soil structure, degree of
slope and extent of the tree's root system;
5. The extent to which the vegetation owner can establish the earliest known
date when the complained of vegetation was planted or existed on the
vegetat�on owner's xeal property;
6. Privacy (visual and auditory) and wind screening provided by the tree(s) to
the tree owner and to neighbors;
7. Energy conservation, shade and/or climate control provided by the trees;
8. Wildlife habitat provided by the�rees;
17.26.060- Restorative Actioa.
A. Res�orative actians may include, but are not limited to, the following, in order of
pre£erence, assuming no countervailing health or safety interest(s) exist:
1. Lacing. Lacing is the most preferabie prunulg technique that removes excess
foliage and can improve the structvre of the tree.
2. Crown RaisYrtg.
3. Crown Reduction. Crown reduction is preferable to tree removal, if it is
determined that the impact of crown reduction does not destroy the visual
proportions af the tree, adversely affect the tree's grawth pattern or health, or
ofiherwise constitute a de�riment to the tree(s) in question.
4. Heading Back. Heading back is only ta be permitted for trees specifica�ly planted
and maintained as a hedge, espalier,bansai, or in pollard form and if restoration
actions in sections {A) through {C) of this sec�ion will not accomplish the
determined preservation action and the subsequent growth charac#eristics will
not create a future obstruction of greater proportions.
5. 'Topping. Topping is only to be permitted for trees/vegetation species for which
it is appropriate.
6. Removal. Removal may be considered when the above-mentioned restoration
actions are judged to be inetfective and may be accompanied by replacement
plantings or appropriate plant rnaterials to restore the rnaximum benefits last
due to vegetation removal.
B. IZestorative ac�ion shall include written conditions (including 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 successars in
interest. The complainant may bear the cost of the initial restorative action, unless
the parties agree �o share the costs in some other manner. Subsequent maintenance
of the vegetation in question may be performed at the cost and expense of the
owner of the property on which the vegetation is growing, uniess otherwise agreed
to by the parties or required pursuant to any final arbitratior� agreement or court
order. The vegetation shall be rnaintained so as not to allow for future view
impairments.
C. In cases where restorative actian may affect the health of a tree, such actions should
be carried out in accordance with standards established by the International Society
of Arboriculture far use in the state of Cali£ornia. Severe pruning {heading back
and/or topping) shouid be avoided due to the damage such practice causes to the
vegetation's form and health. Where removal is required, replacement by
appropriate species should be considered.
17.26.Q70-Litigation.
This section creates a private right of action for the view seeker against the vegetation
owner under the provisions of this chapter. It is the intent of this chapter that the
evaluation criteria set forth herein be utilized in adjudicating view equity claims in civil
litigation. In the event af�ivil litigation, the plaintiff shail pravide a copy of the complaint
Ordinance No.354 View Preservation(CC 10-23-17} 12
�
�
.
�to the city.
The prevailing party in any civil action brought pursuant to this chapter shall be
�ntitled to recover its reasonable costs and attorney's fees incurred in the litigation.
17.2�.080-Committee on irees and views.
A Committee on Trees and Views is estabiashed for the purpose of administering
advisory recon�mendations pursuant �o section �7.26.040{C) of this chapter. The
�ommittee shall be composed of three members of the Planning Commission appointed
by the Commission annually at the same time as the Commission selects its officers, or
�vhenever a vacancy occurs. Committee meetings shall be scheduled as adjourned or
�pecial meetings of the Co�r►mission.
�7.26.090 -En#orcement and Liability.
A. Under no circumstances shall the City have any responsibality to enforce or seek
any legal redress, civil or cruninal, for any decision that any other person or entity
makes concerning a view impairment complaint.
B. The issuance of inediafion findings, an arbifiratian award, or a court decision shall
not create any liability o£ the City with regard to the restorative actions to be
performed.
C. A failure to �oznply with the provisions af this Chapter is not a violation of this
code, and the enfarcement of this Chapter shall be only by the affected and
interested private parties.
Orclinance No.354 View Preservation(CC 1Q-23-17) 13