City of Culver City - File #: HIST-1265

• File #: HIST-1265
• Version: 1
• Type: Historical
• Status: Action Item
• In control: City Council Meeting Agenda
• On agenda: 10/24/2005
• Final action: 10/24/2005
• Title: Introduction of an Ordinance regarding View Preservation.

Date	Ver.	Action By	Action	Result
10/24/2005	1	City Council Meeting Agenda	approved

City of Culver City, California City Council Agenda Item Report RECOMMENDATION: That the City Council introduce, for first reading, Ordinance No. 2005-O____, to amend Title 9, General Regulations of the Culver City Municipal Code (CCMC) by adding Chapter 9.12 to include procedures for View Preservation (Obstruction from Trees). BACKGROUND: This item was originally scheduled for the February 14, 2005, City Council meeting but was taken off the agenda due to the landslides that occurred in the Culver Crest area. It was decided that due to the sensitivity of this issue and the landslides, it would be best to postpone the first reading of the view preservation ordinance. Staff is now presenting the ordinance before the City Council. On July 26, 2004, the City Council held a public meeting to consider and discuss the City’s ability to adopt regulations to protect views. At that meeting, staff provided an overview of existing City policies and regulations and presented various options for City Council consideration (Attachment 2). At the conclusion of the discussion, City Council directed staff to prepare a “View Preservation” ordinance that sets out a procedure for property owners located Meeting Date: 10/24/05 Item Number: A-4 AGENDA ITEM: Introduction and First Reading of an Ordinance to Amend Municipal Code Title 9, General Regulations, Regarding View Preservation (Obstruction from Trees). Contact Person/Dept: Jose Mendivil/CDD Susan Yun/CDD Phone Number: (310) 253-5757 (310) 253-5755 Fiscal Impact: Yes [] No [x] General Fund: Yes [] No [x] Public Hearing: [] Action Item: [x] Attachments: [x] Public Notification: On 10/3/05, a postcard notice was mailed to all residents and property owners within and generally adjacent to Baldwin Hills (including Hetzler Road, Tomkins Way, Blair Hills, Culver Crest, and Youngsworth Property Owners). A postcard notice was also sent to Marta Zaragosa, Tom Camarella, the Chamber of Commerce, Downtown Business Association and all Culver City Homeowners Associations. On 10/3/05, email notification was sent to the Real Estate Advisory Brokers List and the Master Notification List. On 10/6/05, a notice was published in the Culver City News. Department Approval: Susan Evans 10/12/05 CAO Approval: Jerry Fulwood 10/18/05 City Controller Approval: N/ACity of Culver City, California City Council Agenda Item Report within hillside areas of the City to seek restoration of views blocked by trees through a “private right of action” process (Attachment 1). A “private right of action” process is established through a City Ordinance, which enables property owners to resolve disputes among themselves pertaining to views obstructed by trees as well as provides judicial enforcement without direct City involvement. In regards to views blocked by buildings or structures, the City Council felt the existing Zoning Code development standards that limit height and bulk of buildings was sufficient to address views obstructed by buildings. However, the City Council also directed staff to investigate the possibility of this same “private right of action” process related to views obstructed by buildings. Pursuant to Council direction, Planning Division staff conducted further research on the issue of private right of action pertaining to both landscaping and buildings and the Planning Commission (“Commission”) held a Study Session on November 11, 2004 to discuss staff’s research, review the draft ordinance and provide input (Attachment 3). DISCUSSION: View Ordinances with a “private right of action” process were found in the Cities of Tiburon, Berkeley and Santa Barbara and were used as the basis in formulating the proposed View Preservation Ordinance (Attachments 4, 5, and 6). The primary concept of the proposed View Preservation Ordinance is that it establishes a process or series of steps, for handling view disputes and provides property owners the ability to seek legal redress in accordance to this defined process. The View Preservation Ordinance sets out procedures for initial discussions, mediation and arbitration (and possible litigation), but with the absence of any participation on the part of the City itself. The Ordinance requires that view “complainant” first approach the neighboring tree owner informally in a procedure called “Initial Discussion”. The complainant is responsible on his or her own for actually notifying and approaching the neighbor. If this fails to resolve the problem, the Ordinance sets out procedures for preparing a tree claim, mediation and arbitration (voluntary on the part of the respondent) and finally, for litigation. At no point does the City become directly involved. The complainants are responsible for finding and paying for a mediation or arbitration service and for providing any expert information required, such as arborists reports.City of Culver City, California City Council Agenda Item Report The Ordinance also provides evaluation criteria to determine when an “unreasonable obstruction” has occurred by the growth of trees. A hierarchy of the types of restoration actions is also listed that discourages wholesale tree removal or cutting when less invasive methods such as trimming, thinning or crown reduction is possible (Attachment 1). The proposed View Preservation Ordinance applies to hillside areas in the City such as Blair Hills and Culver Crest. Staff conducted site visits in Blair Hills and Culver Crest to assess the areas that had a view. Photographs were taken from various residences in both areas illustrating some of the views and views that are obstructed by trees (Attachment No. 7). The hillside areas to be governed by this ordinance are illustrated on the attached map (Attachment No. 8). Planning Commission Comments At the Study Session, the Planning Commission indicated that overall, the proposed View Preservation Ordinance was reasonable, fair and appropriate. The following revisions and input provided by the Planning Commission were incorporated to the proposed Ordinance:  Value of Trees. Emphasize the value of trees along with the value of views at the beginning of Ordinance. Emphasize that trees are a great benefit to the community;  Landscaping and Maintenance. Recognize the value of good landscaping and maintenance;  Hierarchy of Restoration Actions. Prioritize “Restoration Actions” starting with the least drastic measures such as trimming and thinning;  Crown Reduction. Incorporate less invasive methods of view restoration such as crown reduction since topping is sometimes very destructive to trees;  Preexisting Views. Clarify language throughout the Ordinance that view preservation applies only to views, which existed at the time the resident acquired their home. It would not apply to newly-gained views due to removal of an existing tree;  Tree Claim. The tree claim preparation should apply immediately after the initial discussion process fails; andCity of Culver City, California City Council Agenda Item Report  Emphasis on Initial Discussions. Basic approach should be to establish a process including a series of steps beginning with the neighbors trying to resolve the issue on their own before proceeding to mediation, arbitration and litigation.  Various clarifications and corrections. Delete references to “active use area” throughout the entire Ordinance and include provision for voluntary agreement between the parties. Research on Private Right of Action on Views Obstructed by Buildings Staff did not find a sample ordinance where a City granted a private right of action process for views obstructed by buildings or structures. In consulting with both the City Attorney for Culver City and offices of the City Attorney for various other cities, it was determined a private right of action process for views obstructed by buildings would cause numerous problems for the City as it could be seen as ceding an aspect of the City’s police powers. The California Constitution grants cities certain police powers such as control of zoning regulations, issuance of building permits, and the right to establish regulations defining property maintenance standards. The Civil Code and the Code of Civil Procedure of the State define how and when disputes between neighbors can be adjudicated. Unless a City uses its police powers to define views as important to the City as a whole, obstruction of views is not a violation of law. If a City law does not specifically provide for private enforcement of that law, then even if that City adopts regulations that prohibit view obstruction, no civil action between neighbors can be initiated based on the City ordinance. Legal action against a City can be initiated in an attempt to compel it to enforce its own regulations. Theoretically, an ordinance with a private right of action process could be created related to buildings. However, an applicant for a building permit relies on a city’s proper use of its police powers when a building permit is issued. It would create tremendous problems if the City, in good faith, issued a building permit, and a neighbor had the right to sue the builder, due to view obstruction, after commencement of construction or completion of the building. Many cities control the issue of views blocked by buildings through the development review (neighborhood compatibility) process, a process which can be quite contentious. Culver City has a major emphasis on speedy permit processing, which could be obviated by adding view protection review to that process. City of Culver City, California City Council Agenda Item Report Therefore, the City Council did not seem inclined to add any new steps to permit processing. Meeting with Culver Crest Homeowners Association At the request of the Culver Crest Homeowner’s Association, representatives of the City Attorney’s office and Planning staff attended their meeting on January 19, 2005 to provide an overview and to answer questions regarding the subject matter. Some of the residents expressed an interest for the City to take on a more active role in the ordinance. They requested that an Advisory Committee be created that would include staff and residents to provide input and possibly mediation assistance. Additional Comments by the Public In March of 2005, after the first reading of the ordinance was postponed, two Culver City residents expressed concern over specifics in the proposed language. One resident thought that the cost of mediation and arbitration should be shared between the disputing parties (Section 9.12.050). Another resident stated that the limitation language (Section 9.12.065) did not take into account pre-existing Planning Commission entitlements with conditions that could conflict with restoration actions (the View Preservation Ordinance should not be used to override conditions for entitlements already existing). Staff agrees with both comments and they have been incorporated into the draft ordinance (Attachment No. 1). Environmental Determination The proposed View Preservation Ordinance is not a project as defined by Section 15378 of the CEQA Guidelines. Also, the proposed activity is general procedure making and will not result in issuance of entitlements. The activity does not have the potential for resulting in direct physical change in the environment. Therefore, the proposed View Preservation Ordinance is not subject to CEQA and no environmental analysis is required. ATTACHMENTS: 1. City Council Ordinance No. 2005-O____, View Preservation Ordinance 2. City Council Staff Report dated 7/26/04 and Meeting Minutes Excerpt 3. Planning Commission Staff Report dated 11/10/04 and Meeting Minutes Excerpt 4. Town of Tiburon regulationsCity of Culver City, California City Council Agenda Item Report 5. City of Santa Barbara regulations 6. City of Berkeley regulations 7. Photographs of Views in Blair Hills and Culver Crest 8. Map of Hillside Areas in the City MOTION: That the City Council: Introduce, for first reading, Ordinance No. 2005-O____, to amend Title 9, General Regulations of the Culver City Municipal Code (CCMC) by adding Chapter 9.12 to include procedures for View Preservation (Obstruction from Trees). MEETING DATE 10/24/05 AGENDA ITEM Introduction and First Reading of an Ordinance to Amend Municipal Code Title 9, General Regulations, Regarding View Preservation (Obstruction from Trees) ATTACHMENTS Pages|10
9| City Council Ordinance No 2005-0 View Preservation Ordinance|109| City Council Staff Report dated 7/26/04 and Meeting Minutes Excerpt|109| Planning Commission Staff Report dated 11/10/04 and Meeting Minutes Excerpt|109| Town of Tiburon regulations|109| City of Santa Barbara regulations|109| City of Berkeley regulations|109| Photographs of Views in Blair Hills and Culver Crest|109| Map of Hillside Areas in the CityAttachment No 1 ORDINANCE NO 2005- ORDINANCE NO 2005- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING TITLE 9, GENERAL REGULATIONS, BY ADDING CHAPTER 9 12 TO THE CULVER CITY MUNICIPAL CODE (CCMC) REGARDING VIEW PRESERVATION (OBSTRUCTION FROM TREES) The City Council of the City of Culver City, California, DOES HEREBY ORDAIN as follows SECTION 1 Title 9 of the Culver City Municipal Code is hereby amended by adding Chapter 9 12 thereto to read as follows CHAPTER 9 12 VIEW PRESERVATION (OBSTRUCTION FROM TREES) Section 9 12 003 Findings The City Council finds and declares as follows A Views, trees and vegetation contribute to the aesthetic value, quality of life, ambiance, and economic value of properties within the City of Culver City ( City") B Views, whether of the City the Los Angeles Basin, the surrounding hillsides and canyons, or other natural and man-made landmarks produce a variety of significant and tangible benefits for both residents and visitors C Trees and vegetation (defined in Section 9 12 010 as "Tree" and hereinafter collectively referred to as Tree ') produce a wide variety of significant psychological and tangible benefits for both residents and visitors to the community Trees and vegetation provide privacy, modify temperatures, screen winds, replenish oxygen to the atmosphere -1- / I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28maintain soil moisture, mitigate soil erosion, and provide wildlife habitat Trees contribute to the visual environment and aesthetics by blending, buffering, and reducing the scale and mass of architecture Trees within the City provide botanical variety and sense of history Trees also create shade and visual screens and provide a buffer between different land uses The benefits derived from preexisting views may sometimes come into conflict with Trees The planting of Trees and other vegetation and their subsequent growth, particularly when such Trees are not properly maintained, can produce unintended harmful effects both on the property on which they are planted and on neighboring properties Section 9 12 005 Purpose and Principles A The purposes of this Chapter are to|10
9| Establish the right of a real property owner to preserve preexisting views from unreasonable obstruction by the growth of Trees,|109| Establish real property owners are in need of a process to resolve disputes among themselves concerning views within the immediate vicinity of their property that are unreason obstructed by the growth of Trees and 3 Establish a process and evaluation criteria by which real property owners may seek mutually acceptable resolution of such view disputes B The rights and the restoration processes are based upon the following general principles -2- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28I The City recognizes the desire of many of its residents and property owners for beautiful and plentiful landscaping, including Trees The City realizes this desire may sometimes conflict with the preservation of preexisting views, and disputes related to view are inevitable,|109| The City also recognizes residents and property owners cherish their views of and from the hills of the City The City recognizes views contribute greatly to the quality of life in the City, and promote the general welfare of the entire community, 3 Owners and residents should maintain Trees on their property in a healthy condition for both safety reasons and for preservation of preexisting views Before planting Trees, owners and residents should consider the potential for view blockage, both currently and at Tree maturity Persons have the right to seek civil remedies when threatened by dangerous Tree growth, 4 The City shall establish a process by which a real property owner may seek to preserve and restore views from unreasonable obstruction by the growth of Trees when those views existed at the time they purchased their property The City shall also establish a list of factors to be considered in determining appropriate actions to restore such views, 5 When a preexisting view obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication thoughtful negotiation, compromise and -3- 3I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 other traditional means such as discussions with the appropriate neighborhood or homeowner association Those disputes not resolved through such means shall follow the procedure established herein,|109| It is the intent of the City for the provisions of this Chapter to receive thoughtful and reasonable application It is not the intent of the City to encourage clear-cutting or substantial denuding of any property of its Trees by overzealous application of provisions of this Chapter, and|109| It is the intent of the City to discourage ill-considered damage to Trees and promote proper use of Trees and landscaping establishment and maintenance Section 9 12 010 Definitions For the purpose of this Chapter, the meaning and construction of words and phrases is as follows Arbitrator A neutral person who will conduct a process similar to a trial and who will hear testimony, consider evidence, and make a binding decision for the disputing parties Binding Arbitration A legal procOure as set forth in Section 1280 et sea of the California Code of Civil Procedure Complainant Any real property owner (or legal occupant with written permission of the property owner) who alleges Trees located within the immediate vicinity and on the property of another person are causing unreasonable obstruction of his or her preexisting views -4-6|101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28|10
10| Crown Reduction/Shaping A Method of comprehensive trimming that 2 reduces a tree s height or spread Crown reduction entails the reduction of the top 3 sides or individual limbs of a tree by means of removal of leaders or the longest portion 4 of limbs to a lateral large enough to assume the terminal|1010| Mediator A neutral, objective third person that assists people in finding mutually satisfactory solutions to their problem Preexisting View A view which existed at the time a Complainant became owner or occupant of a property Primary Living Area The portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence The determination of primary living area is to be made on a case-by-case basis Removal The elimination of any Tree from its present location Restoration Action Any specific requirement to resolve a Tree dispute as discussed in this Chapter Stump Growth New growth from the remaining portion of the Tree trunk, the main portion of which has been cut off Thinning The selective and systematic removal of branches from a Tree so as to improve visibility through the Tree and/or improve the Tree's structural condition Topping Elimination of the upper portion of a Tree's trunk or main leader Tree Any woody plant with the potential to obstruct views, including but not limited to trees, shrubs, hedges, and bushes References to "Tree" shall include the plural -5-Tree Claim The written basis for mediation, arbitration or court action under the provisions of this Chapter Tree Owner Any person owning real property in the City upon whose land is located a Tree alleged by a Complainant to cause an unreasonable obstruction to a preexisting view Trimming The selective removal of portions of branches from a Tree so as to modify the Tree s shape or profile or alter the Tree's appearance View A scene from the primary living area of a residence The term "view" includes both upslope and down slope scenes, but is generally medium or long range in nature as opposed to short range Views include but are not limited to skylines, landmarks, distant urban settings, distinctive geologic features, hillside terrains ridges, and bodies of water The term "view' does not necessarily include an unobstructed panorama of these features Windowing A form of thinning by which openings or "windows" are created to restore views Section 9 12 015 Rights Established A A real property owner shall have the right to preserve and seek restoration of a preexisting view, when such view is from the primary living area and has subsequently been unreasonably obstructed by the growth of one or more Trees provided such action has not been initiated against the same real property by the Complainant with respect to the same Tree within a two year time period prior to the initiation of the most recent action|1010| -6- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28B In order to establish such rights pursuant to this Chapter, the person must follow the process established in this Chapter In addition to the above rights private parties have the right to seek remedial action for imminent danger caused by Trees C Nothing contained in this Chapter is intended to provide any authority or process for the permitting of alterations to or the removal of City owned and maintained trees Section 9 12 025 Criteria for Determining Unreasonable Obstruction The following criteria are to be considered (but are not exclusive) in determining whether unreasonable obstruction has occurred A The extent of obstruction of a preexisting view from the primary living area of the Complainant, both currently and at Tree maturity B The quality of the preexisting views being obstructed, including obstruction of landmarks, vistas, or other unique view features C The extent to which the Trees have grown to obscure the enjoyment of view form the Complainant s property compared with the view which was available at the time the Complainant acquired or occupied his or her home D The extent to which the Complainant's preexisting view has been diminished over time by factors other than Tree growth E Deleterious effect of the Trees upon the Complainant s vegetation through loss of heat and light except that the dropping of -7- 7|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28leaves or maintenance factors shall not be considered a criterion under this Chapter Section 9 12 030 Criteria for Determining Appropriate Restorative Action When it has been determined per Section 9 12 025 of this Chapter unreasonable obstruction has occurred, the following unweighted factors shall be considered in determining appropriate Restoration Action A The hazard posed by a Tree to any person or structure on the property of the Complainant Party including but not limited to, fire danger and the danger of falling limbs or Trees B The variety of the Tree, its projected rate of growth and maintenance requirements C Aesthetic quality of the Tree, including but not limited to species characteristics, size, growth, form and vigor D Location with respect to overall appearance, design, or use of the Tree Owner's property (i e Blending, buffering or reduction in the scale and mass of adjacent architecture) E Soil stability provided by the Tree considering soil structure, degree of slope and extent of the Tree's root system F Privacy (visual and auditory) and wind screening provided by the Tree to the Tree Owner and to neighbors G Energy conservation and or climate control provided by the Tree H Wildlife habitat provided by the Tree S -8- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I The extent to which Trees provide historical context due to the age of the Tree and rare and interesting botanical species Section 9 12 035 Hierarchy of Restoration Actions A If an unreasonable obstruction of a preexisting view exists a Mediator shall recommend, or an Arbitrator or Court shall order, Restorative Action based only on this Chapter Restorative Action may include written directions as to appropriate timing for such Restorative Action to be taken Restoration action shall be structured and implemented in accordance with the hierarchy established herein Restoration Action includes but is not limited to the following|10
9| Trimming,|109| Thinning or Windowing|109| Crown Reduction|109| Topping,|109| Removal with replacement plantings, and|109| Removal without replacement plantings B In each case, Restorative Action shall only be required to the extent a preexisting view is proven by the Complainant based on documentable evidence C Restorative Action may include written conditions (including ongoing maintenance), and directions as to appropriate timing of such actions, as well as recordation of an agreement containing covenants or other documentation to memorialize the conditions and make them applicable Where Removal is required replacement by appropriate -9- 67/ I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281|10101010 10 10|11 12 13 14 15 species should be considered The Tree Owner may elect Tree removal with replacement plantings as an alternative to Trimming, Thinning, and Topping D In cases where Trimming, Windowing, or other Restorative Action may affect the health of a Tree that is to be preserved, such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the State of California E A Tree, which has been the subject to Restorative Action under the terms of this Chapter, is exempted from being part of another Tree claim for a period of two years after the date of the satisfactory completion of the Restorative Action|10
101010101010|16 17 18 19 20 21 22 23 24 25 26 27 28 -10-Section 9 12 040 City Guidelines Concerning Restoration Action The City of Culver City provides the following general guidelines concerning Restorative Actions A Stump Growth Stump Growth generally results in the hazard of weak limbs, and its protection is not desirable When considering Restorative Action for Stump Growth, aggressive action is preferred Restorative Action, which will result in future Stump Growth, should be avoided B Trimming Trimming is the most minor form of physical restorative action This option is recommended when minor unreasonable obstruction has occurred provided that ongoing maintenance is guaranteed C Thinning or Windowing When simple Trimming will not resolve the unreasonable obstruction, Thinning or Windowing may be necessary This action should be supervised by a certified arbonst D Crown Reduction Crown Reduction may be necessary when Thinning and Windowing will not resolve the unreasonable obstruction However as with Thinning and Windowing Crown Reduction should be supervised by a certified arbonst E Topping Topping as a Restorative Action should be used with caution Topping can have deleterious effects on a Tree's health appearance, and cost of maintenance Topping frequently results in Stump Growth Tree Removal, with replacement plantings, may be a preferable alternative 1 1|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28F Removal Tree Removal may be required where such Removal is essential to preserve preexisting views While normally considered a drastic measure, Tree removal can be the preferred solution in certain circumstances G Maintenance Ongoing Tree maintenance requirements are strongly recommended as part of Restorative Action in order to achieve lasting preservation of preexisting views H Permanence Conditions of Restorative Action should be memorialized in a recordable document to help notify successors-in- interest of their applicability SECTION 9 12 045 Process For Resolution Of Obstruction Disputes The following process shall be used in the resolution of preexisting view disputes between parties A Initial Discussions|10
9| Complainant who believes Tree growth on the property of another has caused unreasonable obstruction of a preexisting view from the primary living area shall first notify the Tree Owner in writing of such concerns|109| The notification should, if possible, be accompanied by personal discussions to enable the Complainant and Tree Owner to attempt to reach a mutually agreeable solution and shall be followed up with a written confirmation of any agreed-upon resolution and schedule for the required work of view restoration If -12-|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28personal discussions fail, then neighborhood associations may be willing to assist with the resolution of the obstruction dispute|109| The initial notification from the Complainant to the Tree Owner shall provide a copy of the View Preservation Ordinance (Culver City Municipal Code Chapter 9 12) In the initial notification, the Complainant shall invite the Tree Owner to view the alleged obstruction from the Complainant property, and the Tree Owner is urged to invite the Complainant to view the situation from the Tree Owner s property Failure of the Tree Owner to respond to the written request for Initial Discussion within thirty-(30) days after the date of the posting shall be deemed a refusal by the Tree Owner to participate in the initial discussion phase of the process, and|109| After the Initial Discussion, if the parties do not agree as to the existence and nature of the Complainant's obstruction or to the appropriate Restoration Action or if the initial discussion is refused, the Complainant may proceed with the subsequent dispute resolution process outlined herein with respect to tree claim preparation, mediation, binding arbitration, and litigation -13-B Tree Claim Preparation In the event the Initial Discussion process fails to resolve the dispute, the Complainant must prepare a Tree Claim and provide a copy to the Tree Owner, in order to pursue mediation, binding arbitration or litigation under the authority established by this Chapter A Tree Claim shall consist of all of the following 1 Evidence of Preexisting View A written description of the nature and extent of the alleged obstruction, including pertinent and documentable physical evidence Evidence may include, but is not limited to photographic prints negatives or slides as well as written testimony or declarations from residents living in the area Such evidence must prove the absence of the obstruction at any documentable time during the tenure of Complainant Evidence confirming the ownership and the date of property acquisition of the Complainant s property must be included, 2 Evidence Regarding Unreasonable Tree Blockage The location of all Trees alleged to cause the obstruction, the address of the property upon which the Tree is located and the present Tree Owner's name and address 3 Evidence of Attempted Resolution Evidence that an Initial Discussion as described in Section 9 12 045, to resolve the dispute has been made and has failed The Complainant must provide physical evidence written attempts at reconciliation have been made and have failed Evidence may include, but is not -14-|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28limited to, copies of and receipts for certified or registered mail correspondence and 4 Desired Action Specific view Restoration Actions proposed by the Complainant to resolve the unreasonable view obstruction C Mediation|10
9| If the Initial Discussion attempt fails, then the Complainant shall send to the Tree Owner a written request to participate in a mediation process as a timely means to settle the obstruction dispute,|109| Acceptance of mediation by the Tree Owner shall be voluntary, but the Tree Owner shall have no more than thirty (30) days after service of notice to either accept or reject the offer of mediation Failure to respond shall be deemed formal refusal of the mediation process If mediation is accepted, then the parties shall mutually agree in writing to the selection of a Mediator,|109| It is recommended the services of a professionally trained mediator be employed|109| The mediation meeting may be informal The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the Complainant and the Tree Owner Parties are encouraged to contact immediate neighbors and solicit input, and -15- I 5-5 The Mediator shall consider the purposes and policies set forth in this Chapter in attempting to help resolve the dispute The Mediator shall not have the power to issue binding orders for Restorative Action but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for binding arbitration or litigation D Binding Arbitration|10
9| In those cases where the Initial Discussion process fails and where mediation is declined by the Tree Owner or has failed to resolve the Complainant s complaint, the Complainant must offer in writing to submit the dispute to Binding Arbitration,|109| Acceptance of Binding Arbitration by the Tree Owner shall be voluntary The Tree Owner shall have thirty -(30) days after service of notice to accept or reject Binding Arbitration Failure to respond shall be deemed a formal refusal of Binding Arbitration If accepted, the parties shall agree on a specific Arbitrator and shall indicate such agreement in writing, and|109| The Arbitrator shall use the provisions of this Chapter to reach a fair resolution of the Tree Claim and shall submit a complete written report to the Complainant and the Tree Owner This report shall include the Arbitrator's findings with respect to Sections 9 12 025 and 9 12 030 of this Chapter, a pertinent list of all mandated Restoration Actions with any appropriate conditions concerning such actions and a schedule by which the mandates -16-|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I comust be completed A copy of the Arbitrator's report shall be filed with the City Clerk upon completion Any decision of the Arbitrator shall be enforceable pursuant to the provisions of California Code of Civil Procedure Section 1280 et seq E Litigation|10
9| In those cases where binding arbitration is declined by the Tree Owner, then civil action may be pursued by the Complainant for resolution of the view obstruction dispute under the rights and provisions of this Chapter and|109| The litigant must state in the lawsuit Binding Arbitration was offered and not accepted, and a copy of the lawsuit was filed with the City Clerk A copy of any order or settlement in the lawsuit shall also be filed with the City Clerk Section 9 12 050 Apportionment of Costs A Cost of Mediation and Arbitration Unless the parties agree otherwise, the costs and fees for Mediation and Arbitration shall be subject to provisions of section 1284 2 of the California Code of Civil Procedure which states among other things that parties to an arbitration should pay their own costs and a pro rate share of the Arbitrator s fees and costs B Cost of Litigation To be determined by the Court or through a settlement -17- ( 7|10
1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28C Cost of Restorative Action To be determined by mutual agreement, or through mediation, arbitration, court judgment or settlement D Nothing in this chapter shall be construed to deny compensation to a Tree Owner to which a Tree Owner would be entitled under any other provision of law Section 9 12 055 Liabilities The issuance of mediation findings, a Binding Arbitration report, or a court decision shall not create any liability of the City with regard to the Restorative Actions to be performed Failure of the City to enforce provisions of this Chapter shall not give rise to any civil or criminal liabilities by or against the City Section 9 12 060 Enforcement A A violation of this Chapter is not a misdemeanor or infraction The enforcement of this Chapter shall be by the private parties involved The Complainant shall have the right to bring injunctive action to enforce any Restorative Action ordered pursuant to this Chapter B Under no circumstances shall the City have any responsibility or obligation to enforce or seek any legal redress civil or criminal for any decision made concerning a view claim -18- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28Section 9 12 065 Limitations A It is not the intent of the City in adopting this Chapter to affect obligations imposed by an existing easement, already existing City Council and/or Planning Commission entitlements, or a valid preexisting covenant or agreement B It is the intention of the City all other portions of this Chapter shall remain in effect in the event a portion of it is invalidated by court action Section 9 12 070 Trees Owned and Maintained By the City Trees owned or maintained by the City are exempt from the provisions of this Chapter Requests or complaints regarding Trees owned or maintained by the City should be made in writing to the Public Works Director for consideration in accordance with policies adopted by the City SECTION 2 The Mayor of the City shall sign and City Clerk shall attest to the passage of this ordinance The effective Date of this ordinance shall be (30) days from the date of its adoption and prior to the expiration of fifteen (15) days from the adoption hereof, the City Clerk, pursuant to Government Code Section 36933(c)(1) shall cause a summary of this ordinance to be published in The Culver City News along with the record of the vote for approval and adoption and shall post at City Hall, a certified copy of -19- I 1 I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28the full text of this Ordinance along with the record of the vote thereon Additionally the City Clerk shall post a summary of this Ordinance in at least three public places within the City pursuant to Section 517 of the City Charter APPROVED and ADOPTED this day of , 2005 ALBERT VERA, Mayor City of Culver City, California ATTEST APPROVED AS TO FORM CHRISTOPHER ARMENTA, City Clerk A05 00063 Jrn -20- I|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CAROL A SCHWAB, City AttorneyCity of Culver City, California City Council Agenda Item Report Attachment No 2 Meeting Date 7/26/04 Item Number 1-6 AGENDA ITEM Discussion of Issues and Options Related to View Protection, View Preservation, and View Restoration in the City Contact Person/Dept Mark Wardlaw/CDD Phone Number (310) 253-5706 and and David McCarthy/City Attorney's Office (310) 253-5660 Fiscal Impact Yes DJ ( No 0 General Fund Yes IJ No a . Public Hearing 0 Action ItemDi c Attachments [x] Public Notification On July 12 2004 a postcard was mailed to , all residents and properly owners within and generally adjacent to the Baldwin Hills (including Hetzler Road, Tomkins Way, Blair Hills, Culver Crest, and YOungsworth Property Owners), and to residents who signed, the petition protesting the KaYal Home at 1-0639 Youngsworth Road Also, on July 12, 2004 , a postcard notice Was sent toAarta% Zaragosa, Tom Camarella, the Chamber of Commerce, Downtown Business Association and allCulver City Homeowners Associations - Pri; July 123 2004, email notification was sent to the Real Estate Advisory Brokers' List and the Master Notification' Cistk. Mc) a notice was , „ published in the Culver City News on July 15 2004 ,,, , Department Approval Susan Evans 7/15/04 , , CAO Approval - Jerry Fulwood 7/21/04 City Controller Approval Marlee Chang 7/20/04 RECOMMENDATION the issues and options related to view restoration in the City, and provide staff the City s ability to adopt rules to protect The following report gives an and five options that the City In preparing these alternatives, staff cities in California More specific detail will be contained in future staff reports, • interested parties, City Attorney and Culver City Homeowner's Association attendees of the subject matter (staff 02N 1 That the City Council review and discuss protection, view preservation and view with direction BACKGROUND The City Council requested staff to review views and to describe the options available overview of existing City policies and regulations, Council can consider for further study reviewed view protection approaches of ten on other cities' view protection approaches depending on City Council direction Additionally, in order to receive input from Community Development staff attended the meeting on January 15, 2004 to inform theCity of Culver City, California City Council Agenda Item Report sent more than 500 notices of this meeting to homeowner s associations neighborhood watch captains, and residential hillside properties, including petitioners on Youngsworth and Drakewood Avenues) DISCUSSION This section contains a summary of different aspects of view shed protection, a brief paragraph on legal issues, a review of existing policies and regulations, and a discussion of the options View Protection, View Preservation, and View Restoration In their publication Aesthetics, Community Character, and the Law, the American Planning Association (APA) defines two types of views First, is what the APA calls the view shed which is the grand scenic vista, often visible from many points The other is the 'view corridor", a glimpse of something such as a mountain, historic building, or landmark through a narrower passage, such as between two buildings ea n i v "‘ . 0 ssues-,-there are-three-mterrelated-terms- that-are- frequently used, often interchangeably, and need to be clarified View Protection and View Preservation both attempt to prevent scenic vistas or view corridors from being blocked by landscaping or further construction The third term requiring definition is View Restoration, which is the act of restoring views by the removal or modification of encroaching landscaping or illegally constructed buildings The sample ordinances staff reviewed from other Cities (these included such communities as Tiburon, Del Mar Malibu, Rancho Pales Verdes, and Arroyo Grande) can be generally divided into two types (I) those designed to protect views from being blocked or encroached on by structures, and (II) those meant to preserve or restore views blocked by trees or foliage Because of the different regulatory bases on which each type rests the two topics are usually addressed separately Cities typically regulate the relationship between structure and view through some sort of development review process Views blocked by landscaping are addressed by view preservation ordinances that actually deal as much with view restoration That is, they afford a property owner the ability, or at least a procedure, to get nearby property owners to remove foliage that has over time grown to block a scenic view Legal Issues California law does not establish an easement whereby a property owner is obligated to protect an adjacent property owner s access to air, light and views Of course if life-safety issues are involved or zoning, lot size, setback heightCity of Culver City, California City Council Agenda Item Report restrictions, open space or similar rules and building and fire code requirements exist property owners must comply with those laws, and, to a certain extent, access to air, light and views are protected A number of cities within California have adopted ordinances that provide greater protection than that afforded by zoning, building, or fire regulations These cities have used various approaches that have each withstood legal challenges The court, in Associate Home Builders etc Inc v City of Livermore and Guinnane v San Francisco City Planning Commission, held, in part, The constitutional measure by which we judge the validity of a land use ordinance assailed as exceeding municipal authority under the police power is whether it has a real or substantial relation to the public health safety, morals, or general welfare Conversely, it is unconstitutional only if its provisions are clearly arbitrary and unreasonable having no substantial relation to the public health safety, morals, or general welfare' Additionally, in Metromedia, Inc v City of San Diego, the court cited the Tiburon case where the regulation of obstructing trees and tree growth were determined to be a valid use of police power Existing Policies and Regulations The City Council has a number of options it can pursue Before discussing these options, it is important to outline several facts that might influence any decision on this matter 1 The Zoning Code contains development standards that limit height and bulk of buildings in all zones Generally, the residential hillside areas of the City including Blair Hills and Culver Crest neighborhoods are in the R-1 a Zone (Attachment 1) The maximum building height permitted in this district is two stories and 26 feet (measured to the midpoint of the highest pitched roof segment) with a maximum height of 30 feet to the highest ndgeline of a pitched roof building Pursuant to Zoning Code Section 37-10 (g) building height is measured from the average elevation around the building A specialized Hillside Residential (HR) Zone was established for the previous Vista Pacifica project proposed in the Blair Hills area (the property is now referred to as the Baldwin Hills Scenic Overlook and is owned and operated by State Department of Parks and Recreation) The HR zoning designation may be applied to property with an average slope of 15% or greater Pursuant to Zoning Code Section 37-12 this Zone requires the adoption of development standards through a Comprehensive Plan, which include proposed landscaping, building size, and intensity It also requires consideration of existing residential units that might have their views obstructed The existing zoning of Blair Hills and/or Culver Crest could be changed to HR if theirCity of Culver City, California City Council Agenda Item Report average slope is determined to be 15% or greater and the City was willing to develop a Comprehensive Plan (Attachment 2) 2 Culver City updated its General Plan in 1996 (Land Use, Circulation and Open Space Elements) This document contains various policy statements that are to guide planning decisions for the foreseeable future The Land Use Element and the Open Space Element of the General Plan both have a number of policy statements reflecting the need to protect the views both from and of hillside property Two examples of these policies follow The Open Space Element, Oblective 6, Policy 6A states Establish view shed guidelines which protect the views of and from Culver City Park, Blair Hills, and Culver Crest" (Attachment 3) This Element does not specifically identify the views to be protected The Land Use Element, Obiective 26, Policy 26E states 'Protect views of and from Culver Crest by establishing view shed guidelines" (Attachment 3) Again, the views to be protected are not specified Presumably these views would be identified in the view shed guidelines 3 At least part of the Culver Crest area is subject to Conditions, Covenants, and Restrictions (CC&Rs) (Attachment 4) While portions of the CC&Rs are no longer applicable, portions of them are still valid The City is not a party to the CC&Rs and cannot act to enforce them (homeowners associations commonly look to cities to enforce their CC&Rs, either because they believe the jurisdiction has that authority or they are trying to avoid taking legal action against their neighbors) However, a property owner or committees established by the document can take legal action to enforce them Relevant references of the CC&Rs are Restriction No 5 states No building shall be erected until complete plans have first been approved in writing by the Committee all such plans shall show in detail height and elevation of any such structure The Committee mentioned is to be elected by the property owners Restriction No 10 states All buildings to be constructed on any lot in said Tract shall either be of Ranch Colonial or Monterey type and no modern or ultra-modern type house shall be permitted ALTERNATIVES The City Council has a wide range of choices to consider They are enumeratedCity of Culver City, California City Council Agenda Item Report and ordered below from minor involvement to extensive involvement As was stated above, in preparing possible alternatives, staff reviewed a sampling of what other cities have done with this issue It appears that the more involved a city was in attempting to protect views, the greater expense to the city in the way of staff cost and litigation (actual cost impacts are not estimated in this report) The options include 1 Rely on Existing Standards As previously stated Culver City s Zoning Code sections relating to setbacks and height restrictions affect views and view preservation to some degree All areas of the City have some overall height restriction, some of which are absolute while others may be granted an exception by the City Council The current general height limits in the single- family residential zones restrict building height to 26 to 30 feet The Zoning Code also restricts development by lot size, front, rear and side-yard setback and open space requirements In addition, for developments in excess of four acres (or two acres after special City Council and Planning Commission consideration), the City can establish a Hillside Residential Zone The purpose of that category is to encourage and provide a means for effectuating desirable hillside development and conservation in areas where the average slope is 15% or greater, while allowing variations in siting of low density residential uses to protect the City s hillsides as valuable, visual open space and aesthetic resources With this option, hillside property owners would be responsible for protecting their views They would either have to find favorable legal precedent or seek enforcement of CC&Rs, when applicable This alternative represents the least cost to the City in terms of cost and impact on City staff Should the City Council favor this approach, staff proposes the General Plan be amended to clarify that the City's zoning, building and fire regulations by establishing height, setback and open space restrictions, act as the view shed guidelines for the City, as mentioned in the General Plan 2 View Restoration - Private Right of Action Adopt an ordinance that sets out the rights of property owners to seek restoration of views blocked by landscaping Such an ordinance can provide direction to property owners seeking to protect or reclaim views The ordinance would set out procedures for mediation and arbitration (and possible litigation) but takes the City out of the process All costs are borne by the private parties An example of this approach is the City of Tiburon s View and Sunlight Obstruction Ordinance (Attachment 5) Tiburon s ordinance establishes a process or series of steps, for handling view 2 5-City of Culver City, California City Council Agenda Item Report claims, the most interesting aspect of which is the almost total absence of any participation on the part of the City itself The ordinance requires that view claimants first approach the offending neighbor informally in a procedure called Initial Reconciliation The claimant must complete a view claim report for the City's information and provide copies of letters but is responsible on his or her own for actually notifying and approaching the neighbor If this fails to resolve the problem, the ordinance sets out procedures for mediation and arbitration (voluntary on the part of the respondent) and finally, for litigation However, at no point does the City become directly involved unless the landscaping involved is City owned The claimant or respondent are responsible for finding and paying for a mediation or arbitration service (the City will provide a list of qualified persons), and for providing any expert information required, such as arbonsts reports This option only resolves views blocked by plants, not buildings The height regulations contained in the Zoning Code would continue to be enforced There would be moderate cost in formulating and adopting such an ordinance with minimal ongoing cost, thereafter 3 View Protection - Establish More Restrictive Development Standards The City could revise the Zoning Code as it applies to property with views The intention of this alternative is to control more closely how buildings impact views Staff would have to evaluate how best to implement this option without overburdening the development process Such measures might include changing the zone of the hillside property, creating an overlay zone that addresses views and restricts heights, or changing how buildings are measured Should the City pursue this option, there would be moderate to high costs in formulating and adopting an ordinance and administrative procedures with minimal to moderate staff costs for ongoing implementation Depending on the methodology selected the timing of development processing and permitting could be slowed for affected projects 4 Private Right of Action and View Protection - Establish More Restrictive Development Standards Options 2 and 3 can be combined and view obstruction by both landscaping and building would be addressed The City would be responsible for the building related issues Private property owners would bear the burden for landscape issues Should the City pursue this option, there would be moderate to high costs in formulating and adopting an ordinance and administrative procedures with minimal to moderate staff costs for ongoing implementation Depending on the methodology selected, the timing of development processing and permitting could be slowed for affected projects 2_6City of Culver City, California City Council Agenda Item Report 5 View Preservation and Restoration - Establish City-Enforced Building and Vegetation Standards Instead of option 2, an ordinance could be adopted that requires the City to protect views of private property owners and use its police powers to remove offending landscaping This approach has been upheld by the courts, but can be costly to the City in terms of staff time and litigation A nearby city that has such regulations is the City of Rancho Palos Verdes (Attachment 6) They have one staff member dedicated to enforcing their ordinance and estimate their overall annual cost to be as high as $500,000 This choice would be the most costly in its formulation, as it has to be more carefully worded Additionally, the staff cost would be higher as each project and complaint would have to be investigated and resolved, with resolution occasionally through the legal system The City Council could also anticipate having to defend such an ordinance in court In summary, depending on the decision of the City Council, the next steps could include 1 Take no action 2 Direct staff to proceed with one of the options discussed above 3 If the City Council believes view shed protection, preservation and restoration to be an urgent item, a moratorium could be established to prohibit new construction until appropriate View Protection measures are established FISCAL ANALYSIS Regarding the immediate preparation of the Culver City Municipal Code Ordinance revisions staff estimates a minimum of 100 hours of work will be required of the City staff and/or consultants to develop the standards and to present the amendments to the Planning Commission and City Council Completion of a moratorium will require an estimated 35 hours Total cost estimates for the initial ordinance preparation range from approximately 8 500 to 12 000 The cost for implementation of a moratorium is estimated at $3 000 Thereafter, additional ongoing implementation costs can be expected as described for each option Should City Council direct staff to implement and proceed with this work effort, staff will return to City Council with a budget amendment (FY 04- 05) to fund the work ATTACHMENTS 1 R-la Zoning Regulations 2 Hillside Residential Zoning Regulations 27City of Culver City, California City Council Agenda Item Report 3 General Plan Open Space Element Policy 6A, Objective 6 and General Plan Land Use Element Policy 26E, Objective 26 4 Culver Crest CC&Rs 5 City of Tiburon View and Sunlight Protection Ordinance 6 City of Rancho Palos Verdes Ordinance regulating views MOTION That the City Council A Direct staff to undertake one of the following options 1 Rely on Existing Standards Staff will prepare a General Plan Amendment for Planning Commission and City Council consideration that clarifies that the view sheds identified in the General Plan are adequately protected by building zoning and fire regulations, or, 2 View Restoration - Private Right of Action Staff will formulate an Ordinance for City Council consideration to allow property owners to seek restoration of views with only nominal City involvement, or, 3 View Protection - Establish More Restrictive Development Standards Staff will devise modifications to the Zoning Code and development review process and regulations for consideration and approval by both the Planning Commission and City Council or 4 Private Right of Action and Establish More Restrictive Development Standards (This is a combination of Option 2 and Option 3, above, if the City Council wishes to pursue view shed issues for both landscaping and buildings) or 5 View Preservation and Restoration - Establish City-Enforced Building and Vegetation Standards An Ordinance will be presented to the City Council that requires City staff to actively use its police powers to protect views and remove offending landscape or structures Additionally, budget amendments would be forthcoming to provide staffing for this new program, or, 6 Take a different or alternative action from any of options listed above B If the City Council elects one of the Options 2 through 6, direct staff to implement the selected option byCity of Culver City, California City Council Agenda Item Report 1 Prepannq a moratorium to prohibit new construction until appropriate View Protection measures are established, or, 2 Do not prepare a moratorium and go through the typical or standard process .2,gREGULAR MEETING OF T'-'E Page 14 of 16 July 26, 2004 Item I 6 Discussion of Issues and Options Related to View Protection, View Preservation, and View Restoration in the City Mark Wardlaw, Deputy Community Development Director, gave the staff report The following members of the audience addressed the City Council Charles Stephens Dee Seehusen Ed Renselaer Mitch Glickman Christopher Armenta, City Clerk, read written comments from John Kuechle Linda Shahinian Mary Ann Greene Livia Sanchez Mark Wardlaw, Deputy Community Development Director, gave the staff report Councilmember Silbiger proposed the following motion That the City Council refer this item to the Planning Commission There was no second to Councilmember Silbiger's motion The following motion was proposed MOVED BY COUNCILMEMBER GROSS AND SECONDED BY COUNCILMEMBER CORLIN, THAT THE CITY COUNCIL DIRECT STAFF TO FORMULATE AN ORDINANCE FOR CITY COUNCIL CONSIDERATION TO ALLOW PROPERTY OWNERS TO SEEK RESTORATION OF VIEWS WITH ONLY NOMINAL CITY INVOLVEMENT AND DIRECT STAFF NOT TO PREPARE A MORATORIUM AND GO THROUGH THE TYPICAL OR STANDARD PROCESS 30 mhtml http //www culvercity 01g/uploads/mmutes/9152004102525AMm040726 mht 10/25/2004MOVED BY COUNCILME R VERA, SECONDED BY UNCILMEMBER GROSS AND Cons iderat Zondiros-Pen Park Improvemen n of the City Council to Accept the Wo Performed by sula Landscaping, JV Construction or the Tellefson Project (Project No P-790) Discussion ensued re Washington Place to hel Tellefson Park Further project and liquidated damag staff to provide information providing fencing along ildren's play area at ensued regarding delays in this id The City Council requested rding these items rding feasibility protect the scussio Following discussion, following •tion was made UNANIMOUSLY CAR D, THAT THIS ITEM BE TABL 3! Item I 8,Z o0o o0o REGULAR MEETING OF T T- TE rage 1 J 01. 10 July 26, 2004 Item I 6 (continued) Mark Wardlaw, Deputy Community Development Director, clarified the ordinance mentioned in the proposed motion will only deal with restoration of views blocked by landscaping, not by buildings Discussion ensued regarding agendizing a future agenda item to identify hillside areas, requiring that neighbors be notified regarding any proposed developments, and developing arbitration and mediation methods for neighbors to utilize Following aiscussion, Ene proposed moEion was witnarawn ana Ene following motion was voted on MOVED BY COUNCILMEMBER GROSS, SECONDED BY COUNCILMEMBER CORLIN AND UNANIMOUSLY CARRIED, THAT THE CITY COUNCIL DIRECT STAFF TO BRING BACK CONCEPTS WHICH DEAL WITH VIEW PROTECTION AND VIEW RESTORATION FROM BOTH LANDSCAPING AND BUILDINGS mhtml http //www culvei city org/uploads/mmutes/9152004102525AMm040726 mht 10/25/2004Attachment No 3 Agenda Item No 6 November 10 2004 Staff Report STUDY SESSION DISCUSSION OF PROPOSED VIEW PRESERVATION ORDINANCE INTRODUCTION The purpose of this Study Session is to present and discuss the result of staffs research, and to seek comment from both the Planning Commission (the Commission ') and the public on a proposed ordinance providing a procedure to address conflicts when opportunities for those views are obstructed by trees The proposed ordinance would amend Article 9, General Regulations of the Culver City Municipal Code by adding Chapter 9 12 BACKGROUND On July 26, 2004, the City Council held a public meeting to consider and discuss the City s ability to adopt regulations to protect views At that meeting, staff provided an overview of existing City policies and regulations, and presented the following five options for City Council consideration 1 Rely on Existing Standards Prepare a General Plan Amendment that clarifies that the views identified in the General Plan are adequately protected by building, zoning and fire regulations or 2 View Restoration - Private Right of Action Formulate an ordinance to allow property owners to seek restoration of views with only nominal City involvement, or 3 View Protection - Establish More Restrictive Development Standards Devise modifications to the Zoning Code and development review process and regulations, or 4 Private Right of Action and Establish More Restrictive Development Standards (This is a combination of Option 2 3 2Agenda Item No 6 November 10 2004 Page 2 of 6 and Option 3 above that involve view issues for both landscaping and buildings), or 5 View Preservation and Restoration - Establish City-Enforced Building and Vegetation Standards Present an ordinance that requires City staff to actively use its police powers to protect views and remove offending landscape or structures, or, 6 Take a different or alternative action from any of options listed above The City Council staff report outlining the issues and options related to view protection, view preservation and view restoration was provided to the Commission under separate cover on October 25, 2004 At the conclusion of their discussion, the City Council directed staff to undertake Option No 2 and prepare a View Preservation ordinance that sets out a procedure for property owners located within hillside areas of the City to seek restoration of views blocked by landscaping through a 'private right of action process The City Council also asked staff to investigate the possibility of this same private right of action process related to views obstructed by buildings DISCUSSION Based on the City Council s direction, staff conducted further research on the issue of private right of action pertaining to both landscaping and buildings Private Right of Action- Views Obstructed by Landscaping In regard to views obstructed by landscaping example ordinances with the private right of action were found in the Town of Tiburon City of Berkeley and City of Santa Barbara (Attachment Nos 1, 2, and 3) Simply defined, a 'private right of action' is a progressive process created by the City to enable a property owner/resident to resolve conflicts pertaining to views obstructed by landscaping at a civil level and without City involvement S3Agenda Item No 6 November 10, 2004 Page 3 of 6 The primary concepts of the proposed View Preservation ordinance are summarized below (Attachment No 4 proposed View Preservation ordinance) Intent The intent of proposed View Preservation ordinance (through a 'private right of action process) is to provide direction to property owners/residents seeking to protect or reclaim a view and set out procedures for mediation and arbitration (and possible litigation) All costs would be borne by private parties The City would not have any obligation to enforce the view preservation provisions of the code - . n.n The proposed ordinance is crafted in a way that prevents Culver City from being compelled to enforce the regulations but allows an affected owner/occupant to seek legal redress in accordance with a defined process The rationale for proposing this specific type of ordinance is that it creates a means to address a problem with little to no involvement of City resources One of the issues that staff considered in developing this ordinance was the amount of information contained in the ordinance to effectively resolve view concerns through the proposed process Specifically, detailed information such as the provision of design standards methods, illustrative information, and specifications Staff believes that this subject can be handled adequately through very simple and direct ordinance/procedures This is in line with City Council intent of simplicity Process The proposed ordinance seeks to provide guidance and options to property and landscape owners as well as mediators and arbitrators in order to avoid wholesale landscape removal when trimming is possible Specific steps must be taken and documented to restore the view • A complaining party must first notify the offending owner of landscape or tree-owner of the problem and attempt to work it out • If this is not successful, then the complaining party must propose mediation • If mediation is not accepted or fails, binding arbitration must be offered • If this arbitration is not accepted then the complaining party may bring an action in court 3(fAgenda Item No 6 November 10 2004 Page 4 of 6 Applicability The proposed View Preservation ordinance applies to hillside areas in the City such as Blair Hills and Culver Crest Staff conducted site visits in Blair Hills and Culver Crest to assess the areas that had a view Photographs were taken from various residences in both areas illustrating some of the views and views that are obstructed by trees (Attachment No 5) The hillside areas to be governed by this ordinance are illustrated on the attached map (Attachment No 6) In regard to timing, the proposed ordinance states that a person may seek to preserve or restore certain views that existed at any time since that person purchased or occupied a prorierty (this requires documentation by the view seeker) Private Right of Action - Views Obstructed by Buildings Staff did not find a sample ordinance where a City granted a private right of action process for views obstructed by buildings or structures In consulting with both the City Attorney for Culver City and offices of the City Attorney for various other cities, it was determined that a private right of action process for views obstructed by buildings would cause numerous problems for the City as it could be seen as ceding an aspect of the City s police powers The California Constitution grants cities certain police powers such as control of zoning regulations, issuance of building permits, and the right to establish regulations defining property maintenance standards The Civil Code and the Code of Civil Procedure of the State defines how and when disputes between neighbors can be adjudicated Unless a City uses its police powers to define views as important to the City as a whole obstruction of views is not a violation of law If a City law does not specifically provide for private enforcement of that law, then even if that City adopts regulations that prohibit view obstruction no civil action between neighbors can be initiated based on the City ordinance Legal action against a City can be initiated in an attempt to compel it to enforce its own regulations Theoretically an ordinance with a private right of action process could be created related to buildings However, an applicant for a building permit relies on a City s proper use of its police powers when a building permit is issued It would create tremendous problems if the City, in good faith, Issued a building permit, and a 3.5-Agenda Item No 6 November 10 2004 Page 5 of 6 neighbor had the right to sue the builder, due to view obstruction after the building was built Many cities control the issue of views blocked by buildings through the development review process a process which can be quite contentious Culver City has a major emphasis on speedy permit processing which could be obviated by adding view protection review to that process Therefore, the City Council did not seem inclined to add any new steps to permit processing GENERAL PLAN CONSISTENCY _ The Land Use and Open Space Elements of the General Plan contain various policy statements reflecting the need to protect the views from and of hillside property Two examples of these policies include • The Open Space Element, Objective 6, Policy 6A Establish view shed guidelines which protect the views of and from Culver City Park, Blair Hills, and Culver Crest • The Land Use Element, Objective 26, Policy 26E "Protect views of and from Culver Crest by establishing view shed guidelines" These policies call for the City to take action to establish view shed guidelines, in part, the proposed ordinance implements some of these policies ENVIRONMENTAL DETERMINATION The proposed View Preservation ordinance is not a project as defined by Section 15378 of the CEQA Guidelines The proposed activity is general procedure making and will not result in issuance of entitlements The activity does not have the potential for resulting in direct physical change in the environment Therefore the proposed View Preservation ordinance is not subject to CEQA and no environmental analysis is required - (0Agenda Item No 6 November 10, 2004 Page 6 of 6 PUBLIC NOTIFICATION This Study Session was noticed in the Culver City News and postcards were mailed to homeowners associations property owners and occupants within Culver Crest and Blair Hills area and other parties who have expressed interest in this topic In addition, Ms Bobbi Gold a resident of Blair Hills has expressed an interest in this subject and has submitted her comments (Attachment No 7) CONFLICT OF INTEREST - Commissioner Sheila Thomas has a conflict of interest on this item as she is a property owner within 500 feet of the limited area that this ordinance would apply NEXT STEPS Based on input provided by the Planning Commission, staff anticipates returning to the City Council for a duly noticed Public Hearing on this item Prepared by 4(zif ili 0-0-- Susan Yun Associate Planner (310) 253-5755 Approved by \kt ,,,, ‘1\ _SUL, 9 ),--,-- j fVtur Wardlaw Deputy Community Development Director Attachments 1 Town of Tiburon regulations 2 City of Santa Barbara regulations 3 City of Berkeley regulations 4 Proposed City of Culver City View Preservation Ordinance 5 Photographs of Views in Blair Hills and Culver Crest 6 Map of Hillside Areas in the City 7 Email comments from Ms Bobbi Gold Resident dated 9/20/04|1010|7ommissioner Muranaka -2 Definitions Arterial Street might include an opening sentence that indicates a nal street includes both primary and secondary arterial streets • Clan he language in 1-a of Street Wall Requirements Chair Malsin • Clarify the langge under Use Regulations to indicate permitted ses shall be subject to all requisite enti ment processes Vice-Chair Lamm moved, se ded by Commissione uranaka, to adopt Resolution No 2004-P007 as amended The motion carried the following roll call vote AYES iggs, Muranaka, Lamm, Malsin NOES None ABS IT Thomas royal of Plannin Commissio esolution No 4-P007 A Planning Commission Meeting Minutes November 10 2004 Page 10 of 13 Vice-Chair Lamm • ThP entire commercial ctret on Je fferson hetwpp nvprlanri and CrannlvPria and thp area along East Washington ith larger par s that are not adjoining residences should be considered for addition • Advisable to mention affordable hous • help eliminate questions and criticisms and remind people it is a consideration 6 Study Session Discussion of Proposed View Preservation Ordinance Ms Yun presented the staff report and introduced Bnan McNabb, Planning Consultant who assisted with the project Chair Malsin called on persons who submitted comment cards Bobbi Gold • Trees have certain important functions that sometimes supersede the supposed right to a view • Suggested the language be balanced between the rights of tree owners as well as view holders Charles Stephens • Indicated trees are destroying people s views and there is currently no way to address the problem Chair Malsin read correspondence from the following authors 35Planning Commission Meeting Minutes November 10 2004 Page 11 of 13 Betty Tolin, Elston and Bertha Bernly, and Ed Ensleer expressed support for the proposed ordinance to protect people who own view properties from view obstruction caused by foliage and landscaping Joddy Boyer and Howard Glickman expressed concerns about view obstruction related to second-story additions and decks Chair Malsin requested comments from staff Ms Yun • Clan fied that this ordinance deals specifically with views obstructed b y landscaping not those impacted by buildings or structures Vice-Chair Lamm • A hillside ordinance to supplement the City s existing building and zoning codes is worth considering • The basic approach should be to establish a process including a series of steps beginning with neighbors trying to resolve the issue on their own before proceeding to mediation, et cetera • The value of trees should be front and center along with the value of views • Supportive of starting with the least drastic measures such as trimming and thinning • Suggested reversing No s 1 and 2 on Page 2 of 10 to provide recognition of the value of good landscaping • Initially was concerned trees were not being adequately considered, but the proposed ordinance as discussed seems to be a reasonable approach Commissioner Muranaka • Include language to indicate the least drastic measures can accommodate restoration of an obstructed view • The reference to 'active use area' should be removed throughout the entire ordinance • A provision for voluntary agreement between the parties should be included • Under A-3 suggested less invasive methods of view restoration such as crown reduction be employed since topping is sometimes very destructive to trees • The tree claim preparation should apply immediately after the initial reconciliation process fails Chair Malsin • The ordinance seems very reasonable • Appropriate to provide property owners a mechanism to protect a valuable part of the experience of their homes • Language should be included to emphasize that trees are a great benefit to the community • The least aggressive solutions should be attempted before demanding removal of trees 3g ther Business law advised the Commission of the upcoming meetings and agenda ite Mr W • Chair Malsin topics 8 Adiournment mmended staff for their excellent job presenting some ry complicated • Vice-Chair Lamm moved, seconded by 12 18 a m to December 8, 2004 at 7 00 City Hall The motion was unanimously ap mmissi er Muranaka, to adjourn the meeting at n the Mike Balkman Council Chambers at D SCOTT MALSIN, CHAIRPE PLANNING COMMISSION CITY OF CULVER CITY, CALIFORNI OV Li-0 Planning Commission Meeting Minutes November 10 2004 Page 12 of 13 • In Section B modify the language such evidence must show absence 'to must prove the absence 'to indicate photographic evidence is not necessary • What is Culver City s policy if a complaint of this nature is made against it • Should trees in the public right-of-way which are part of an orderly program intended to create a specific aesthetic for the City be considered differently from trees that grow in a park? • The proposed ordinance is reasonable it places a high value on trees and recognizes view preservation is a fair concept Mr Wardlaw • Staff discussed how to deal with trees in the public right-of-way because street trees pro-ide various benefits to the public good, and a decisio r; was made to .vcirrini film v.'s,. tit , City in that regard • A City park serves a very different purpose, so the trees in public parks should be considered differently than the effects of a private party's trees when considering view impacts The consensus of the Commissioners was to forward the discussed revisions to the City CouncilI ') - I PUlpose 'Ind pi inciples Page 1 of 1 TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES -town a( Tiburpt 15-1 Purpose and principles (a) The purposes of this chapter are to (1) Establish the right of persons to preserve views or sunlight which existed at any time since they purchased or occupied a property from unreasonable obstruction by the growth of trees (2) Establish a process by which persons may seek restoration of such views or sunlight when unreasonably obstructed by the growth of trees or other vegetation (see definition of Tree ) (b) The rights and the restorative process are based upon the following general principles (I ) The tovvii, ut_tyi itz_co that 1 aoidai its pi operty ownels aid bubo lubseb ulieribri their outward views from the Tiburon Peninsula and that they also cherish the benefits of plentiful sunlight reaching their buildings and yards The town recognizes that both outward views and plentiful sunlight reaching property contribute greatly to the quality of life in Tiburon and promote the general welfare of the entire community (2) The town also recognizes the desire of many of its residents property owners and businesses for beautiful and plentiful landscaping including trees The town realizes that this desire may sometimes conflict with the preservation of views and sunlight and that disputes related to view or sunlight obstruction are inevitable (3) Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views Before planting trees owners and residents should consider view and sunlight blockage potential both currently and at tree maturity Persons have the right to seek civil remedies when threatened by dangerous tree growth (4) The town shall establish a process by which persons may seek to preserve and restore views or sunlight which existed at any time since they purchased or occupied property from unreasonable obstruction by the growth of trees The town shall also establish a list of factors to be considered in determining appropriate actions to restore views or sunlight (5) When a view or sunlight obstruction dispute arises the parties should act reasonably to resolve the dispute through friendly communication thoughtful negotiation compromise and other traditional means such as discussions with the appropriate neighborhood or homeowner association Those disputes which are not resolved through such means shall follow the procedure established herein (6) It is the intent of the town that the provisions of this chapter receive thoughtful and reasonable application It is not the intent of the town to encourage clear cutting or substantial denuding of any property of its trees by overzealous application of provisions of this chapter (Ord No 379 N S § 3 (part)) ATTACHMENT NO 4 LE)I D-2-' Uer1111I1011S TITLE IV LAND IMPPOVEMENT AND USE Chapter 15 VIEW 4ND SUNLIGHT OBSTRUCTION FROM TREES 15 2 Dennitions For the purpose of this chapter the meaning and construction of words and phrases is as follows Active use area means the most frequently occupied portion or portions of a commercial building from which views are available Arbitrator means a neutral person who will conduct a process similar to a trial and who will hear testimony consider evidence and make a binding decision for the disputing parties Binding arbitration means a legal procedure as set forth in section 1280 et seq of the Code of Civil Procedure Complaining party means any property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her pre existing views or sunlight Mediator means a neutral objective third person who assists people in finding mutually satisfactory solutions to their problem Person means any individual corporation partnership firm or other legal entity excluding the Town of Tiburon Primary living area means the portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence The determination of primary living area is to be made on a case by case basis Protected tree means any of the following Heritage tree meaning any tree which has a trunk with a circumference exceeding sixty inches measured twenty four inches above the ground level Oak tree including coast live oak blue oak California black oak interior live oak canyon live oak Engelmann oak or valley oak tree Dedicated tree meaning a tree of special significance so designated by resolution of the town council Removal means the elimination of any tree from its present location Restorative action means any specific requirement to resolve a tree dispute Stump growth means new growth from the remaining portion of the tree trunk the main portion of which has been cut off Sunlight means the availability of direct or indirect sunlight to the primary living area of a residence Thinning means the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree s structural condition Topping means elimination of the upper portion of a tree s trunk or main leader Tree means any woody plant with the potential to obstruct views or sunlight including but not limited to trees shrubs hedges and bushes References to tree shall include the plural Tree claim means the written basis for arbitration or court action under the provisions of this chapter Tree owner means any person owning real property in Tiburon upon whose land is located a tree or trees alleged by a complaining party to cause an unreasonable obstruction Trimming means'the selective removal of portions of branches from a tree so as to modify the tree(s) shape or profile or alter the tree s appearance View means a sdene from the primary living area of a residence or the active use areas of a nonresidential building The term view includes both upslope and downslope scenes but is 42-. http //oldlink com/codes/tibuion/ DATA/TITLE04/Chapter 15 VIEW AND SUNLIG 9/14/20041J -2 Definitions Page 2 ot 2 generally medium or long range in nature as opposed to short range Views include but are not limited to skylines bridges landmarks distant cities distinctive geologic features hillside terrains wooded canyons ridges and bodies of water Some additional examples are (1) San Francisco Bay (including San Pablo Bay Richardson Bay and islands therein) (2) The San Francisco Oakland Bay Bridge (3) The Golden Gate Bridge (4) The Richmond San Rafael Bridge (5) Mount Tamalpais (6) The Tiburon Peninsula or surrounding communities (including the city of San Francisco) Windowing means a form of thinning by which openings or windows are created to restore views and or sunlight (Ord No 379 N S § 3 (part)) htin //ni llinl rnn-arnde q/111-vm nn/ T1 AT A /TTTT P I1h1 -sfp. 1c NTT -GIAT A 1n11-1 CT TNTT TO C1 /1 II 3-3 IS IgIlLS CS1:101.1SI1eCi TITLE IV LAND IMPROVEMENT AND USE Chaptei 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 15 3 Rights established (a) Persons shall have the right to preserve and seek restoration of views or sunlight which existed at any time since they purchased or occupied a property when such views or sunlight are from the primary living area or active use area and have subsequently been unreasonably obstructed by the growth of trees (b) In order to establish such rights pursuant to this chapter the person must follow the process established in this chapter In addition to the above rights private parties have the right to seek remedial action for imminent danger caused by trees (c) All persons are advised that the alteration remova l and p l ant ing of cei-ta - rocs 'aqui es a permit under chapter 15A of the Tiburon Municipal Code (Trees) The applicability of chapter 15A should be determined prior to any action on trees (Ord No 379 N S § 3 (part)) http //oidlink com/codes/tiburonl_DATAJTITLEO4/Chapter 15 VIEW AND SUNLIG 9/14/20041 - 4 Um e isonable o bsti uction n 1 ohibited Page 1 of 1 TITLE IV LAND IMPROVEMENT AND USE Chaptei 15 VIEW ND SUNLIGHT OBSTRUCTION FROM TREES 15 a Unreasonable obstruction prohibited (a) No person shall plant maintain or permit to grow any tree which unreasonably obstructs the view from or sunlight reaching the primary living area or active use area of any other parcel of property within the Town of Tiburon (b) Because the maintenance of views and sunlight benefits the general welfare of the entire town any unreasonable obstruction of views or sunlight from the primary living area or active use area shall also constitute a public nuisance (Ord No 379 N S § 3 (part)) , 4 5-- Mtn //oidlink com/codes/tibmon/ DATA/TITLE04/Chantei 15 VTFW ANT) qT TNT Tr; on annnztI J I ILC1 Id. 1U1 UGLG1 1.11111111 11111 GU.6011dUIG (J1J6 LI LIU1IC)11 - TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 15-5 Cineria for determining unreasonable obstruction The following criteria are to be considered (but are not exclusive) in determining whether unreasonable obstruction has occurred (a) The extent of obstruction of pre existing views from or sunlight reaching the primary living area or active use area of the complaining party both currently and at tree maturity (b) The quality of the pre existing views being obstructed including obstruction of landmarks vistas or other unique features (c) The extent to which the trees interfere with efficient operation of a complaining party s pre CX G + so le, eneigy systems (d) The extent to which the complaining party s view and/or sunlight has been diminished over time by factors other than tree growth (Ord No 379 N S § 3 (part)) http //oldlink com/codes/tibuion/_DATA/TITLE04/Chaptet_15 VIEW_AND_SUNLIG 9/14/200413-0 Ltitena tot determmmg annroprtatetestotative 'lotion L LL 5, J. 'FL TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND _SUNLIGHT OBSTRUCTION FROM TREES 15-6 Criteria or detei mining appi opriate restorative action When it has been determined that unreasonable obstruction has occurred then the following unweighted factors shall be considered in determining appropriate restorative action (a) The hazard posed by a tree or trees to persons or structures on the property of the complaining party including but not limited to fire danger and the danger of falling limbs or trees (b) The variety of tree its projected rate of growth and maintenance requirements (c) Aesthetic quality of the tree(s) including but not limited to species characteristics size growth form and vigor (d) Location with respect to overall appearance design or use of the tree owner s property (e) Soil stability provided by the tree(s) considering soil structure degree of slope and extent of the tree s root system (f) Privacy (visual and auditory) and wind screening provided by the tree(s) to the tree owner and to neighbors (g) Energy conservation and or climate control provided by the tree(s) (h) Wildlife habitat provided by the tree(s) (i) Whether trees are protected trees as defined in section 15 2 of this chapter (Ord No 379 N S § 3 (part)) 47 httn loidlink com/codesitibmon/ DATA/TITLE04/Chaptei 15 VIEW AND STINT TG 9/140004.1 y 1,...,01.k/1/ALI V ‘-n 11l/11 TITLE IV LAND IMPROVEMENT AND USE Chaptei 15 VIEW 4ND SUNLIGHT OBSTRUCTION FROM TREES 15-7 Types of restorative action (a) Restorative actions include but are not limited to the following (1) Trimming (2) Thinning or windowing (3) Topping (4) Removal with replacement plantings (5) Removal without replacement plantings (b) In all cases the documentable extent of view or sunlight existing at any time during the tenure of the present owner or legal occupant is the maximum limit of restorative action which may be required (c) Restorative action may include written conditions (including ongoing maintenance) and directions as to appropriate timing of such actions and may be made to run with the land and apply to successors in interest Where removal is required replacement by appropriate species should be considered (d) In cases where trimming windowing or other restorative action may affect the health of a tree which is to be preserved such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the state of California (Ord No 379 N S § 3 (part)) http Hot dlink coin/codes/fib-in on/_DATA/TITLE04/Chapter_15 VIEW_AND_SUNLIG 9/14/2004i _)-6 i own gumeimes conceminu iestoi anve action - TITLE IV LAND IIVIPPOVEMENT AND USE Chaptei 15 VIEW AND SUNLIGHT OBSTPUCTION FROM TREES 15 3 Town guidelines concerning restorative action The Town of Tiburon provides the following general guidelines concerning restorative actions (a) Undesirable trees By reason of their tall height at maturity rapid growth dense foliage shallow root structure flammability breakability or invasiveness certain types of trees have been deemed undesirable by the town including Blue Gum Eucalyptus Coast Redwood Monterey Pine Monterey Cypress trees or any other tree which generally grows more than three feet per year in height and is capable of reaching a height of over thirty five feet at maturity When considering restorative action for undesirable trees aggressive action is preferred kb) Pi Ulel.teU ii es TI le Town or Tiouron nas aesignated certain trees to be protected trees defined in section 15 2 Any alteration or removal of protected trees will require a permit from the town s planning director pursuant to chapter 15A of the Tiburon Municipal Code (c) Stump growth Stump growth generally results in the hazard of weak limbs and its protection is not desirable When considering restorative action for stump growth aggressive action is preferred Restorative action which will result in future stump growth should be avoided (d) Trimming Trimming is the most minor form of physical restorative action This option is recommended when minor unreasonable obstruction has occurred provided that ongoing maintenance is guaranteed (e) Thinning or windowing When simple trimming will not resolve the unreasonable obstruction thinning or windowing may be necessary These should be supervised by a certified arbonst (f) Topping Topping as a restorative action should be used with caution Topping can have deleterious effects on a tree s health appearance and cost of maintenance Topping frequently results in stump growth Tree removal with replacement plantings may be a preferable alternative (g) Removal Tree removal may be required where such removal is essential to preserve pre existing views or sunlight While normally considered a drastic measure tree removal can be the preferred solution in many circumstances (h) Maintenance Ongoing tree maintenance requirements are strongly recommended as part of restorative action in order to achieve lasting preservation of pre existing views or sunlight (i) Permanence Conditions of restorative action should be recorded and run with the land to help guarantee permanent preservation of pre existing views and sunlight (Ord No 379 N S § 3 (part)) (f I Mtn Hoidlink com/codeshibuion/ DATA/TITLF04/Chintei 15 VIEW ANT) cT TNT TC1 Q11 z1/7(111z1flUL;e6S 101 1USOILILIOI1 01 ODSISUCL1011 U1SpliteS 4-7 TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 15 9 Process for tesolution of obstruction disputes The following process shall be used in the resolution of view and sunlight obstruction disputes between parties (a) (1) Initial reconciliation A complaining party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or active use area shall notify the tree owner in writing of such concerns (2) The notification should if possible be accompanied by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution If personal discussio ns fa ! re g hbo hood assoc a, ors —a, be l' rg'o ass s" it 'he esolution of the obstruction dispute (3) For trees located on town owned property see section 15 16 (b) (1) Mediation If the initial reconciliation attempt fails the complaining party shall propose mediation as a timely means to settle the obstruction dispute (2) Acceptance of mediation by the tree owner shall be voluntary but the tree owner shall have no more than thirty days from service of notice to either accept or reject the offer of mediation If mediation is accepted the parties shall mutually agree upon a mediator within ten days (3) It is recommended that the services of a professionally trained mediator be employed The county of Mann provides professional mediation services at a nominal cost (4) The mediation meeting may be informal The mediation process may include the hearing of viewpoints of lay or expert witnesses and shall Include a site visit to the properties of the complaining party and the tree owner Parties are encouraged to contact immediate neighbors and solicit input (5) The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute The mediator shall not have the power to issue binding orders for restorative action but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for binding arbitration or litigation (Ord No 379 N S § 3 (part)) http //oral* corn/codes/U.1)m on/_DATA/TITLE04/Chapter_l 5 VTEW_AND_SUNLIG 9/14/200415-10 Tiee cl'um prepaiation Prtge 1 of 1 TITLE IV LAND IMPROVEMENT AND USE Chapter I 5 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 15-10 Tree claim preparation (a) In the event that the initial reconciliation process fails and mediation either is declined by the tree owner or fails the complaining party must prepare a tree claim and provide a copy to the tree owner in order to pursue either binding arbitration or litigation under the authority established by this chapter (b) A tree claim shall consist of all of the following (1) A description of the nature and extent of the alleged obstruction including pertinent and corroborating physical evidence Evidence may include but is not limited to photographic prints negatives or slices Such evidence must show absence of the obstruction at any documentable time during the tenure of the complaining party Evidence to show the date of property acquisition or occupancy by the complaining party must be included (2) The location of all trees alleged to cause the obstruction the address of the property upon which the tree(s) are located and the present tree owners name and address (3) Evidence of the failure of initial reconciliation as described in section 15 9 to resolve the dispute The complaining party must provide physical evidence that written attempts at reconciliation have been made and have failed Evidence may include but is not limited to copies of and receipts for certified or registered mail correspondence (4) Evidence that mediation as described in section 15 9 has been attempted and has failed or has been declined by the tree owner (5) Specific restorative actions proposed by the complaining party to resolve the unreasonable obstruction (Ord No 379 N S § 3 (part)) ci 111-111 rnm/rorlec/1-11-mi nn/ DAT A /TTTT Fnd./P1-1 ,-rntpr 1 c NTTPAAT A 1n71 QT T-Nrr TC`ID ii 1-5111C11I1g ammation 1. ...5%, v J. I TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 1 5 11 Binding arbitration (a) In those cases where the initial reconciliation process fails and where mediation is declined by the tree owner or has failed the complaining party must offer in writing to submit the dispute to binding arbitration and the tree owner may elect binding arbitration (b) The tree owner shall have thirty days from service of notice to accept or reject binding arbitration If accepted the parties shall agree on a specific arbitrator within twenty one days and shall indicate such agreement in writing (c) The arbitrator shall use the provisions of this chapter to reac'h a fair resolution of the tree claim and q hall ci ihmit a ern-nni ptp writtPn rPnort to t he rnmplaining party and the tree owner This report shall include the arbitrator s findings with respect to sections 15 5 and 15 6 of this chapter a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions and a schedule by which the mandates must be completed A copy of the arbitrators report shall be filed with the town attorney upon completion Any decision of the arbitrator shall be enforceable pursuant to the provisions of Code of Civil Procedure section 1280 et seq (Ord No 379 N S § 3 (part)) http um dImk com/codes/tiburon/_DATA/TITLE04/Chapter_l 5 VIEW_AND_SUNLIG 9/14/200415-12 Litigation .L-cl-u-G I VI I TITLE IV LAND IMPROVEMENT AND USE Chaptei 15 VIEW tnND SUNLIGHT OBSTRUCTION FROM TREES 15 12 Litigation (a) In those cases where binding arbitration is declined by the tree owner then civil action may be pursued by the complaining party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter (b) The litigant must state in the lawsuit that arbitration was offered and not accepted and that a copy of the lawsuit was filed with the town attorney A copy of any order or settlement in the lawsuit shall also be filed with the town attorney (Ord No 379 N S § 3 (part)) , c3 hill) //oldlink corn/codes/tibui on/ DATA/TTTT F04/C1-11ntel 1 5 VTFW A1\71 CT 11n11 Tr; 0/1 A l',1111/1L J I-) /-11J1JUI LIV.1.111.111L \J.L LAJJ1.13 TITLE IV LAND IMPROVEMENT AND USE Chapter 15 VIEW AND SUNLIGHT _OBSTRUCTION FROM TREES 15-13 Apportionment of costs Cost of mediation and arbitration The complaining party and tree owner shall each pay fifty percent of mediation or arbitration fees unless they agree otherwise or allow the mediator or arbitrator discretion for allocating costs Cost of litigation To be determined by the court or through a settlement Cost of restorative action To be determined by mutual agreement or through mediation arbitration court judgment or settlement (Ord No 379 N S § 3 (part)) http lloiclumk com/codes/tibuioni_DATA/TITLE04/Chaptei_15 VIEW_AND_SUNLIG 9/14/20041J 14 LalaD111IleS TITLE IV LAND IMPROVEMENT AND USE Chaptet 15 VIEW AND SUNLIGHT OBSTRUCTION_FROMJPEES 15-14 Liabilities (a) The issuance of mediation findings an arbitration report or a court decision shall not create any liability of the town with regard to the restorative actions to be performed (b) Failure of the town to enforce provisions of this chapter shall not give rise to any civil or criminal liabilities on the part of the town (Ord No 379 N S § 3 (part)) 1-ittn Hoidlink comicodesitibuioni DATA/TITLE04/Chantei 15 VTFW ANT") RT TNT Tn Q/1 /1/211A/1- LLALJ1SO TITLE IV LAND IMPROVEMENT AND USE Chaptet 15 VIEW AND SUNLIGHT OBSTRUCTION FROM TREES 15-15 Limitations It is not the intent of the town in adopting this chapter to affect obligations imposed by an existing easement or a valid preexisting covenant or agreement (Ord No 379 N S § 3 (part)) http /101 dhnk c o m/c o de sitth uro ni_D ATA/TITLE 04/Ch apter_l 5 VIEW_AND_SUNLIG 9/14/2004I) 10 tiees on iown-owneo 111 (-racily TITLE IV LAND IMPROVEMENT AND USE Chaptei 15 VIEW 4ND SUNLIGHT OBSTRUCTION FROM TREES 15 16 Trees on town-owned property Trees located on town-owned property are exempt from the provisions of this chapter Requests or complaints regarding trees located on town owned property should be made in writing to the superintendent of public works for consideration in accordance with policies adopted by the town (Ord No 379 N S § 3 (part)) htin //oidlink comkodesitibuion/ DATA/TITLE04/Chantei 1 5 V1FW AND cT TNT TG Q/1 eV? nnaCHAPTER 22 76 nay Er(21ry4 &IrivreL VIEW DISPUTE RESOLUTION PROCESS Si_ctions 22 76 010 Findings 22 76 100 Restoi ation A.ction Limitations 22 76 020 Intent and Pm pose 22 76 110 View oi Sunlight Claim Ev ilu Mon 22 76 030 Definitions Ci iteria 22 76 040 View or Sunlight Claim 22 76 120 Hiel al chy of Restoi ation Actions Limitations 22 76 130 Responsibility foi Restoi anon 22 76 050 Pi ivate View oi Sunlight Cl urn Action and Subsequent 22 76 060 Initial Discussions Maintenance 22 76 070 Mediation 22 76 140 Liability 22 76 080 Ai bitration 22 76 090 Pi ivate Cause ot Action - View Restoi ation 22 76 010 Findings - The City Council finds and declaies as follows A Both views and tiees and vegetation contnbute to the aesthetic value quality of life ambiance and economic value of pi opei ties within the City of Santa Barbara Similarly access to sunlight across property lines contributes to thL, health and well being of community members enhances property values and piovides an opportunity to utilize sol ir energy Utilization of passive solar energy ieduces air pollution visual blight and promotes the geneml health and welfne of the residents of the City B Views whethei of the Pacific Ocean the Channel Islands the City the Santa Ynez Mountains the sun oundmg hillsides and canyons oi othei natui al and man made landmarks produce a variety of significant and tangible benefits foi both residents and visitors Views contaibute to the aesthetic visual envuorunent of the City of Santa Bmbara by pi ovidmg scenic vistas and inspiring distinctive architectm al design C Lees and vegetation pi oduce a wide variety of significant psychological and tangible benefits foi both i esidents and visitois to the community Tiees and vegetation piovide privacy modify tempeiatures scieen winds i eplemsh oxygen to the atmosphere maintain soil moisture mitigate soil eiosion and piovide wildlife habitat Trees -Ind vegetation contiibute to the visual environment and aesthetics by blending buffering and ieducing the scale and miss of aichitecture Ti ees and vegetation within the City piovide botanical variety and a sense of history Ti ees and vegetation also create shade and visual screens and provide a buffei between different land uses D The benefits derived fiom views flees and vegetation and sunlight may come into conflict The planting of ti ees and othei vegetation and their subsequent growth particularly when such trees aie not properly maintained can pi oduce unintended harmful effects both on the pi operty on which they are planted or on neighboimg pi opei ties (Old 5220 2002) 22 76 020 Intent and Pui pose The intent and purpose of this Chapter is to accomplish the following A Right to Scenic View and Sunlight Access Establish the light of a i eal property owner to pi eserve scenic views and access to sunlight flee fiom umeasonable obstructions caused by the growth of tiees madei cncumstances wheie such views and sunlight access existed prior to the growth of the urueasonable obstiuction B Dispute Resolution Process Establish that ieal property owneis ai e in need of a process to iesolve disputes among themselves concerning view or sunlight access within the immediate vicinity of then property C EN aluation Pi ocedui es Establish piocedin es and evaluation cntena by which private leal pi opei ty owneis may seek a mutually acceptable iesolution of such views oi sunlight access disputes D Pi otect Ti ees Discourage ill consideied damage to ties and vegetation and promote pope' use of ti ees and landscaping establishment and maintenance E Not a Covenant 01 Sei vitude It is not the intent and purpose of this Chapter for the City to meate eithei a covenant running with the land or an equitable servitude F Right Exclusn e to this Chaptei Nothing heiem shall be deemed to establish a geneial light of a homuowner to affect oi iestnct the lawful development oi use (including the use and maintenance of landscaping) of a ncighbming pi opei ty undei cncumstances wheie such development oi use is otherwise permitted appioved oi allowed undei the pi ovisions of the Santa Barbma Municipal Code In addition nothing heiem shall be deemed 01 Lunn ued to pi °vide a homeownei with any thing othei than the rights specified in this Chaptei foi the iestmation of a N 1LW 01 accLss to sunlight and a light to utilize the dispute iesolution piocess foi addiessing um easonable nee 01 VLJ.Ltation view obstructions as such claim piocess is established heiem (Oid 5220 2002,-) q Attachment No 5 435 1 iev 3/31/0222 76 030 Definitions Foi the purpose of this Chapter the following woids and phrases shall have the meanings set foith hcrem A ALTER To take action that changes a tiee oi vegetation including but not limited to extensive pruning of the canopy area topping cutting gndling inteifenng with the watei supply applying chemicals or le 'rracling around the feeder root zone of the tiee or vegetation B ARBITRATION A voluntary legal plocedine for settling disputes and leading to i determination of rights of pames usually consisting of a hearing before an arbitrator where all lelevant evidence may be heely admitted as set forth in California Code of Civil Plocedure Section 1280 et seq C ARBITRATOR A mutually agreed upon neutial thud paity professional mtenuedialy who conducts a heanng piocess and who hears testimony consideis evidence and makes a decision for the disputing panics The mbitiatoi may be chosen from a list available from the City of qualified and professionally trained mbitratois including but not limited to membeis of the Amelican Association of Albin atois D ARBORIST, CERTIFIED A person who has passed a sei ies of tests by the International Society of boncultme (ISA) is governed by ISA's pmfessional code of ethics and possesses the technical competence through cApenence and I elated education and taming to pi ovide for or supervise the mumgement of trees and othei woody pl-mts C AUTHORIZED AGENT A peison as defined helm who has been designated md appioved in writing by a ieal property owner of lecoid to act on ins oi hei behalf in matteis pertaining to me processing of a view m sunlight claim is outlined in this Chapter F CANOPY The umbiella like stmctuie cleated by the overhead leaves and blanches of a tree which cieate a shelteied mea below G CITY MAINTAINED TREES Tiees which are specifically designated for maintenance by the City Council for City maintenance under SBMC Section 15 20 050 in the Master Street Tree Plan adopted pursuant to SBMC Section 15 20 030 H CITY PROPERTY Real property of which the City is the fee simple owner of recoid I CLAIM VIEW OR SUNLIGHT Documentation as set forth in Section 22 76 050 that outlines the basis of view or sunlight access diminishment and the specific restmation action that is being sought which shall serve as the written basis for arbitration or a legal cause of action under the provisions of this Chapter J COMPLAINANT Any property owner gioup of propeity owners (or an authorized agent theieof) who 'liege that tree(s)/vegetation located within the immediate vicinity of then property as set forth in Section 22 76 040 is causing umeasonable obstruction of the view or blocking the sunlight benefitmg the ieal property of the Complainant K CROWN The rounded top of the tree L CROWN REDUCTION/SHAPING A method of comprehensive timmung that ieduces a tee's height or spiead Crown ieduction entails the reduction of the top sides or individual limbs of a tree by means ofiemoval leadc-rs oi the longest portion of limbs to a lateral large enough to assume the temunal M DESTROY To take action that endangeis the health or vigor of a tiee or vegetation including but not limited to cutting gn dling interfering with the watei supply applying chemicals or re grading around the base of the trunk of a ti ee N DIRECTOR The Dnector of the City Community Development Depanment O HEADING BACK The overall 'eduction of the mass of a ti ee by modification to its maim limbs P HISTORIC oi SPECIMEN TREE Any tree or stand of trees that have been designated as either an Histonc Tree oi a Specimen 'flee puisuant to the authority of the Santa Balbam Municipal Code Chapteis 15 20 -Ind 15 24 Q LACING or THINNING A compiehensive method of tnnunmg that systematically and sensitively iemoves excess foliage and impioves the structme of a tree R LANDSCAPE CONSULTANT A landscape piofessionalietamed to piovide advice and information iegarding landscape plans view or sunlight claims and landscaping techniques and maintenance procedures S MAINTENANCE PRUNING Pruning with the primal)/ objective of maintaining or improving hee health and stuctine includes 'clown ieduction/shaping" or "lacing " but not mdmanly "topping" oi 'heading back" T MEDIATOR A neutial objective thud party pmfessional negotiator to help disputing parties reach a mutually satisfactmy solution regaidmg a view or sunlight claim The mediator may be chosen from a list available um. the City of qualified and pi ofessionally framed (mbitratois/mediators) including but not limited to membeis of the Amei icon Association of Aiburators U OBSTRUCTION The blocking or diminishment of a view or sunlight access atti ibutable to giowth impiopei maintenance oi location of tees oi vegetation 3 PERSON Any individual individuals corporation partneiship firm cm other legal entity W PRUNING The iemoval of plant material fi om a tree m horn vegetation X REAL PROPERTY Rights or inteiests of ownership of land and all appurtenances to the land including buildings fixtures vegetation and impiovements erected upon, planted, or affixed to the land Y RESTORATION ACTION Any specific steps taken affecting hees or vegetation that would iesult in the ietoiation ofa view oi sunlight access across ieal plopeity lines 435 2 icy i/31102Z SEVERE PRUNING The cutting of brinches oi hunk of a nee in a manner which substantially reduces the ovel all size of the tee 01 destoys the existing symmetrical appealance or natmal shape of the tree and which Jesuits in the iemoval of main late' al branches leaving the ti unk and blanches of the nee in a stub appearance 'Topping" and heqdmg back as defined herein aie consideied to be severe piumng AA STAND THINNING The selective removal of a portion of bees horn a grove of trees BE STREET The portion of a light of way easement used foi public purposes such as roadway impiovemcnts clubs gutters and sidewalks dedicated to the City and formally accepted by the City into the City public stieet system for maintenance purposes CC SUNLIGHT The availability or access to light from the sun across pioperty lines DD TOPPING Eliminating the upper portion of the trunk or main leader of a tree Er TREE Any woody pet enmal vegetation that genei ally his i single trunk and leaches a height of at least eight feet at matunty FF TREE oi VEGETATION OWNER Any peison owning real propeity in the City whei eon tree(s) or vegetation is located GO VIEW A vista of featmes including but not limited to bodies ofl,vatei beaches coastline islands skylines ridges hillside terrain canyons geologic featines mountains and landmarks The term "view' does not necessarily include an unobstructed panoiama of these features HH VISTA PRUNING The selective thinning of fiamewoik limbs or specific areas of the crown of a tree to allow a view floni a speLifiL point (Ord 5220 2002) 22 76 040 View or Sunlight Claim Limitations A PRIVATE VIEW DISPUTE RESOLUTION Subject to the other plovisions of this Chapter the owner or owners of real property within the City (as the Complainant ) may initiate the private view dispute resolution ocess provided for in this Chapter However 9. iequest for view or sunlight access dispute resolution may only be made if such a claim has not been initiated against the same real pioperty by the Complainant with iespect to the same tree or vegetation obstruction within a two year time period pnor to the initiation of the most lecent request B CITY OWNED AND MAINTAINED TREES Nothing herein shall piovide any authority or process tot the permitting of alteiations to or the removal of City Maintained Trees or the alteration or removal of those tiees iegulated by SBMC Chapteis 15 20 and 15 24 (Old 5220 2002) 22 76 050 Pi w rite View 01 Sunlight Claim A NOTICE TO CITY OF COMPLAINT A Complainant shall notify the City Community Development Department of any request for mediation or aibitration pursuant to the provisions of this Chapter and shall piovide the City with the claim documentation matenals descnbed in subsection B hereof Such notification and documentation shall be for the purposes of City lecord keeping regaiding the use of this Chapter only and shall not obligate the City to assist or advise a property owner or participate in the dispute resolution process in any way B CONTENTS OF CLAIM A view or sunlight restoration dispute resolution piocess claim shall consist of all of the following documentation and evidence 1 Evidence of Prim View A written description of the nature and extent of the alleged obstruction including pertinent and corroborating photographic evidence Evidence may include but is not limited to documented and dated photographic prints or slides as well as written testimony or declarations from iesidents living in the area Such evidence should if possible show the extent to which the view oi sunlight access has been diminished over time by the excessive giowth of the tiees or vegetation Evidence Regal ding Urn easormble Ti ee Slock rige The location of all trees or vegetation alleged to cause the obstruction the addiess of the pi operty upon which the tiees or vegetation are located and the present nee/vegetation ownes name and address 3 Desn ed Action The specific view or sunlight access restoi anon actions being iequested by the Complainant in order to iesolve the allegedly unreasonable view obstruction 4 Evidence of Attempted Resolution Evidence that an initial discussion between the two ploperty owneis (as described in Section 22 76 060) has been made and has failed Evidence may include but is not limited to copies of ieceipts for certified oi iegistered mail correspondence 5 Evidence of Ownership Evidence confirming the ownership and the date of acquisition of the Complainant s property (Oid 5220 2002) 22 76 060 Initial Discussions A INITIAL CONTACT A Complainant who believes that a tiee oi some other vegetation which has grown on another peison's Leal property has caused unreasonable obstuction of a view or sunlight access from the Complainant's ploperty shall fist advise the nee or vegetation pioperty ownei of such view or sunlight blockage concems_Thotification-shall iequest-personal_discussions to _enable the Complainant and-nee/vmetatinn_ploperty — ownei to attempt to leach a mutually agienble solution and shall be followed up with a winten confirm -Mon of any agreed upon resolution and schedule foi the required work of view lestmation|109| 435 3 ley i/31/02B NOTIFICATION REQUIREMENTS The initial notification from the Complainant to the owner of the ee/vegetation shall piovide a copy of the View Preservation Ordinance (Santa Baibara Mimicipal Code Chapter 22 76) In the initial notification the Complainant shall invite the tree/vegetation ownei to view the alleged obst uction fiom the Complainant's property and the tree/vegetation ownei is wged to invite the Complainant to view the situation from the ownei s property Failuie of the tree/vegetation ownei to iespond to the wiitteniequest initial discussion within thirty (30) days from the date of posting shall be deemed a refusal by the ownei to participate in the initial discussion phase of the process C FAILURE TO AGREE After the initial discussion if the pm ties do not agree as to the emstence and natip e of the Complainant's obstruction m to the appropnate iestmation action oi if the initial discussion is iefused the Complainant may proceed with the subsequent dispute iesolution piocess outlined heiem with iespect to mediation arbitiation and court action (Ord . 220 2002) 22 76 070 Mediation A MEDIATION REQUEST If initial discussion under Section 22 76 060 fails to achieve agi cement between the nee/vegetation ownei and Complainant the Complainant may send to the tiee/vegetation ownei a request that the nee/vegetation owner accept participation in a mediation process in an effort to resolve the view or sunlight blockrige claim Acceptance of mediation by the tree/vegetation owner shall be voluntary Howevei the iequest may inform tile flee/ ege tat 01 0 e " at ca l u-c to pal acipate ul luediation may be brought to the coui t's atLendun 10 the event um subsequent legal actin by the Complainant Failme of the tee/vegetation owner to iespond to the notice lequesting mediation within thirty (30) days from the date of posting shall be deemed formal refusal of the mediation process by the tiee/vegetation owner B SELECTION OF MEDIATOR If the tree/vegetation owner agrees to participate in a mediation process the parties shall agiee in wntmg to the selection of an individual mediator which may be chosen from a list of piofessional mediatois available from the City Community Development Department C AUTHORITY OF MEDIATOR The mediator is encouraged to be guided by the provisions of this Chapter including the claim evaluation criteria and the hierarchy of restoration actions set forth in Sections 22 76 110 and 22 76 120 respectively in attempting to mediate a resolution of the view m sunlight blockage claim The mechatm may iequest a consultation or information flom a certified arbonst (chosen from a list of such arbonsts made available by the Community Development Directoi) iegarding any questions involving landscape techniques oi maintenance piocedures with the expense of such consultation payable as a mediation expense in accordance with the piovisions of this Chapter D ROLE OF THE MEDIATOR, COSTS, FAILURE TO RESPOND The iole of the mediator shall be advisory in natui e and shall not be binding in establishing view or sunlight restoration action Any agieement reached between the two parties as a result of the mediation process described herein shall be reduced to writing by the mediator and signed by the mediator and all of the parties The cost of mediation shall be paid by the Complainant m shared in a manner set by mutual agreement between the parties The failure of the nee/vegetation ownei to iespond to implement (or allow the implementation of) a mediated resolution within thirty (30) days of the submission of the mediated iesolution to the owner (as established by the posting date) shall be deemed a iefusal by the ti ee/vegetation owner to accept mediation (Old 5220 2002) 7 2 76 080 Ai biti ltion A REQUEST FOR ARBITRATION If the initial discussion under Section 22 76 060 or a mediated resolution pmsuant to Section 22 76 070 fails to achieve agreement between the nee/vegetation owner and the Complainant the Complainant may advise the tree/vegetation ownei in wilting that the Complainant is requesting participation in a tonnal mbitration piocess Acceptance of aibiti anon by the tee/vegetation ownei shall be voluntary Howevei the iequest may inform the tree/vegetation owner that failure to paiticipate in the arbitration piocess may be biought to the court's attention in the event of subsequent legal action by the Complainant pursuant to Section 22 76 090 The bee/vegetation owner shall have thirty (30) days fiorn posting of the mbthation notice to eithei accept oi decline aiburation Failure to iespond within thirty (30) days shall be deemed a formal refusal of arbitration If accepted the paities shall agiee in writing to the selection of an individual arbitrator who may be chosen from a list of pi ofessional mbitratois available from the City within thirty (30) days of such acceptance If parties do not agree on a specific aibitratm within thirty days either party may petition a court of competent junsdiction to appoint an arbthatoi B AUTHORITY OF ARBITRATOR The arbitrator is encouraged to be guided by the provisions of this Chaptei including the claim evaluation criteria and the hierarchy of iestoration actions set forth in Sections 22 76 110 and 22 76 120 iespectively in attempting to help resolve the view oi sunlight blockage claim and shall submit a complete written decision to the Complainant and the tree/vegetation owner An arbitator is encouraged to iequest a epoi t fionl a certified arboi ist with iespect to the view obstuction dispute Any decision of the ai bin atm shall not be binding and shall only be enfoiceable pursuant to the provisions of California Code of Civil Proceduie Section 1285 et suq C ACCEPTANCE OF THE ARBITRATOR'S DECISION, COSTS OF ARBITRATION The failuie of the ti ee/ve • etation ownei to im lement the arbitrator_s decision within thin 30) days of the posting of the wiitten ,n shall ht. deemd a lefusal to accept alba' Mon The costs of mbin anon shall be paid y tie omp by mutual agreLment between the p-uties (Old 220 2002 ) 435 4 ley 3/31/0222 76 090 Pi irlte C quse of Lkition — View Restoi -awn A INITIAL COMPLAINT If a Complainant has pm sued and has been unsuccessful in attempting to obtain an icceptable iestoiation uncle' Section 22 76 060 ("Initial Discussion ') Section 22 76 070 (' Mediation ') oi Section 22 76 080 ( ' ii bin anon ) the Complainant may inmate a civil action in Supenoi Court loi the County of Santa B rubua foi resolution of ownei s view oi sunlight claim undei the piovisions of this Chaptei The Complainant is encom aged to pi ovide the Court the iesults of the view or sunlight claim iesolution piocess particulaily any pi oposcd mediator s oi arbitrator s decision as well as any ieport oi study piepared by a cethfied aiborist prepaied connection with the view obstruction dispute At the discietion of the judge issuing a judgment pin suant to this section the judgment may be recoided in the official iecoids of Santa Baibm a County B SUBSEQUENT COMPLAINTS A Complainant who has initiated a Complaint and obtained Restoration Action tin ough mediation or aibitiation undei this Chapter with iespect to a particulai Obsnuction within two (2) yeais of a subsequent Complaint shall not be iequired to seek mediation or arbitration on the subsequent Complaint for the same obstruction prior to initiating legal action puisuant to this Section (Ord 5220 2002 ) 22 76 100 Restoration Action Limitations Except as otherwise authorized by law no tree or ve getation on ieal Property owned or controlled by another pei son may be iemoved destroyed or otherwise altered unless the Complainant either enters into a winten agreement with the nee/vegetation ownei allowing the Complainant to enter the prOperty td do so or tlfe Complainant obtains a judicial determination specifying in detail the nature and timing of the restmation action the Complainant s right to Lmter the property and designating the parties responsible for peifomaing such iestoration action In all cases restoration actions shall be structured and implemented in accordance with the hierarchy established by Section 22 76 120 (Ord 5220 2002) 22 76 110 View oi Sunlight Cl-um Ewiluation In evaluating and resolving a view oi sunlight claim the following unranked criteria shall be considered A The vantage point(s) in the Complainant s home fiom which the view or sunlight is obtuned or received B The extent of the view oi sunlight obstruction C The quality of the view or sunlight access including the existence of landmaiks or othei unique view teatui es or the extent to which these views or sunlight access are blocked by tree(s) or vegetation D The extent to which the view or sunlight access is diminished by factors other than tree(s) oi vegetation E The extent to which the tree(s) or vegetation have grown to obscuie the enjoyment of view or sunlight access _Qom the Complamant's poperty compmed with the view or sunlight access which was available at the time the Complainant acquired his or her home F The number of existing trees or amount of vegetation in the area the number of healthy trees that a given paicel of land will support and the current effects of the tiee(s) and their removal on the neighboring vegetation G The extent to which the tree(s) or vegetation pi ovide 1 Screening oi privacy 2 Eneigy conservation or climate contiol 3 Soil stability as measmed by soil structuie degiee of slope and extent of the tree's root system when a tree is pioposed foi iemoval 4 Aesthetics 5 Community oi neighborhood quality or significance 6 Shade 7 Historical context due to the age of the nee/vegetation 8 Rale and interesting botanical species 9 Habitat value for wildlife and 10 Blending buffenng oi reduction in the scale and mass of adjacent aichnecture H Thc date the Complainant pmchased his or hei pioperty and circumstances which existed at that time with iespect to the view I The date the nee/vegetation ownei puichased his or hei pioperty and cncumstances which existed at that time with iespect to the view J The distance between the Complainant s home and the tee or vegetation Obsti uction foi which Restoi anon Action is sought K Whether the tree oi vegetation Obstruction is located within a City designated High Fire Hazaid zone and constitutes the type of trees or vegetation not generally encouraged for new iesidential construction within such zones L The extent to which the City has an interest in the pi eservation of an affected tee in its piesent form due to its unique chaiactei its lustoncal impoitance oi other specific factois as may be identified by a certified mbonst (Oid D 220 2002) 435 5 ev '/3110222 76 120 Hiei chy of Restm qtion Actions View or sunlight iestoration actions must be consistent with all other piovisions of this Chaptel and SBMC Title 22 geneially Sevele piumng should be avoided due to the damage such pi actice causes to the tree s form and health Restoi anon actions may include but ai e not limited to the following in order of preference A Lacing or Thinning Lacing/thinning is the most piefei able pruning technique that lemoves excess foliage and can improve the structure of the tree B Vista Pinning Vista pruning of branches may be utilized whei e possible if it does not adversely affect the tiee's glowth pattern al health Topping should not be done to accomplish vista piuning C CI own Reduction Clown ieduction is piefelable to topping or tee removal if it is determined ant the impact of crown reduction does not destioy the visual proportions of the tee adversely affect the tree's giowth pattern or health or otherwise constitute a detiimunt to the tiee(s) question D Stand Thinning The iemoval of a portion of the total number of ti ees horn a grove ot trees rep lace le t lgs E Topping Eliminating the upper poition of a nee's trunk or main leader Topping is only to be permitted for trees specifically planted and maintained as a hedge espalier bonsai or in pollard form and if iestoration actions (A) thiough (D) of this section will not accomplish the determined iestoration and the subsequent growth characteristics will not create a future obstruction of greatei pioportions F fielding Back Eliminating the outer extent of the major blanches throughout the tee Heading back is only to be permitted for trees specifically planted and maintained as a hedge espaliei bonsai or in pollaid form and if restoration actions (A) du ough (E) of this section will not accomplish the determined restoiation and the subsequent growth chaiactenstics will not cieate a future obstruction of greater proportions G Tree/Vegetrition Removal Tiee or vegetation removal which may be considered when the above mentioned lestoration actions are judged to be ineffective and may be accompanied by ieplacement plantings or appropriate plant materials to iestoie the maximum level of benefits lost due to tree iemoval (Ord 5220 2002) 22 76 130 Responsibility tot Pestoi ation Action and Subsequent Mgintenance The costs of restoration action and subsequent maintenance shall be determined eithei by agieement between the tree or vegetation owner and the Complainant or as required pursuant to any final arbitration decision or court order (Ord 5220 2002) 22 76 140 Liability A NON-LIABILITY OF CITY The City shall not be liable or responsible for any damages injury costs or expenses which are the iesult of any recommendations or determinations made by City Staff oi mediatoi oi decisions made by othei persons (e g arbitator oi judge) concerning a view oi sunlight claim at a Complainant s assertions pertaining to views oi sunlight access gianted or conferred herein B CITY ENFORCEMENT Under no circumstances shall the City have any responsibility oi obligation to enforce oi seek any legal rediess civil or criminal for any decision made concerning a view or sunlight claim C NO CRIMINAL RESPONSIBILITY Notwithstanding Chapter 1 28 of the Santa Baibaii. Municipal Code a failuie to comply with the piovisions of this Chapter is not a criminal offense -Ind the enfmcement of this Chaptel shall be only by the affected and interested private parties (Ord 5220 2002) C9 3 433 6 iev i/31/02r ,--ction 12 45 010 Purpose Ind nujectives Prtge 1 of 1 Chapter 12 4 SOLAR ACCESS AND VIEvVS Dr Berke k Section 12 45 010 urpose and objectives A The purpose of this chapter is to|10
9| Set forth a procedure for the resolution of disputes between private property owners relating to the resolution of sunlight or views lost due to tree growth 2 This view chapter does not impair obligations imposed by an existing easement or a valid pre existing enforceable covenant or agreement 3 Nothing in this chapter is meant to replace the peaceful sensible and just resolution of differences between neighbors acting in good faith The provisions contained in this chapter are meant to encourage that such resolution occurs prior to engaging in the legal lemedies provided by it B The objectives of this chapter are|10
9| To preserve and promote the aesthetic and practical benefits which trees provide for individuals and +b e en+ e co —mu- f 2 To discourage ill-considered harm to or destruction of trees 3 To encourage the use of solar energy for heat and light 4 To encourage food production in private gardens 5 To restore access to light and views from the surrounding locale 6 To encourage the maintenance of positive relationships within a neighborhood when there is conflict between objectives 1 2 and 3 5 above 7 It is not an objective of this chapter to facilitate or encumber the transmission of radio and television signals (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) Attachment-No-6 In 1 1 Ivw ri hell P1 PN/ r 1 ii/1 rnr/P pi 1 P 1PN/ Mirni rin g 1 ( 1tAriP/Til 1P 1 `)Li `N in II 1-1i, 0/1 A P71-1(1/I DCT1011 U2U UeIMITIOrIS - Chapter 12 45 SOLAR ACCESS AND VIEWS Section 12 45 020 Derinitions A For the purposes of this chapter the meaning and construction of words and phrases hereinafter set forth shall apply 1 Solar access means the availability of sunlight to a property 2 Views mean a distant vista or panoramic range of sight of Berkeley neighboring areas or the San Francisco Bay Views include but are not limited to skylines bridges distant cities geologic features hillside terrains and wooded canyons or ridges 3 Trees means any woody perennial plant usually with one or more major trunks attaining a height of at least fifteen feet at maturity 4 Complaining party means any property owner (or legal occupant without objection of property owner) who wishes to alter or remove a tree(s) on the property of another which creates an obstruction to his or her access to sunlight or view whether such access is gained from an original dwelling or any addition thereto used as a dwelling 5 Tree owner means any individual owning real property in Berkeley upon whose land is located a tree or trees alleged by a complaining party to cause an obstruction 6 Obstruction means any substantial blocking or diminishment of a view from a structure lawfully used as a dwelling or access to sunlight to the real property which is attributable to the growth maintenance or location of tree(s) 7 Tree mediator or tree arbitrator means any trained and experienced mediator or mediator/arbitrator acceptable to both complaining party and tree owner to mediate or arbitrate a tree dispute 8 Restorative action means any specific requirement to resolve a tree dispute 9 Thinning means the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree s structural condition 10 Tree removal means the elimination of any tree from its present location 11 Trimming means the selective removal of portions of branches from a tree so as to modify the tree(s) shape or profile or alter the tree s appearance 12 Topping means removal of the top portion of a tree s main leader stems resulting in an overall reduction in the tree s height and size 13 Tree claim means the written basis for arbitration or court action under the provisions of this article which includes all of the following a The nature and extent of the alleged obstruction including pertinent and corroborating physical evidence Evidence may include but is not limited to photographic prints negatives or slides Such evidence must show absence of the obstruction at any documentable time during the tenure of the current property owner (or legal occupant without objection of property owner) hereinafter referred to as complaining party Evidence to show date of acquisition must be included b The location of all trees alleged to cause the obstruction the address of the property upon which the tree(s) are located and the present tree owner s name and address This requirement may be satisfied by the inclusion of the tree location property address and tree owner information c Any mitigating actions proposed by the parties involved to resolve the tree claim d The failure of personal communication between the complaining party and the tree owner to resolve the alleged obstruction as set forth in Section 12 45 030 of this chapter The complaining part must provide physical evidence that written attempts at conciliation have been made and failed Evidence may include but is not limited to copies of and receipts for certified or registered mail correspondence (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) ti /www ci beikeley ca us/bmc/Beikeley_Municipal_Code/Title_12/45/020 html 9/14/2004(9 (9 —u, r1011 12. 4D UiU 1-1.0CeCtUICS - Chapter 12 45 SOLAR ACCESS AND VIEWS Section 12 45 030 Procedui es A The procedures described in this section shall be followed in the resolution of tree disputes between private parties 1 Initial reconciliation A complaining party who believes in good faith that the growth maintenance or location of tree(s) on the private property of another (hereinafter referred to as tree owner) diminishes the beneficial use of economic value of his or her property because such tree(s) interfere with the access to sunlight or views which existed prior to such growth maintenance or location of the tree(s) on the property during the time the complaining party has occupied the property shall notify the tree owner in writing of such concerns The notification should if possible be accomplished by personal discussions to enable the complaining party and tree owner to attempt to reach a mutually agreeable solution 2 Mediation If the initial reconciliation attempt fails the comple n rig pa +y p opose mediation as a means to settle the dispute on a relatively informal basis Acceptance of mediation by the tree owner shall be voluntary If mediation is elected the parties shall mutually agree upon a tree mediator The mediation meeting may be informal and no written record is necessary unless desired by the parties The mediation process may include the hearing of viewpoints of lay or expert witnesses and shall include a site visit to the properties of the complaining party and the tree owner Parties should be encouraged to give notice to immediate neighbors and solicit input The tree mediator shall consider the objectives benefits and burdens set forth in this chapter in attempting to help both parties reach a resolution of the dispute The tree mediator shall not have the power to issue binding orders for restorative action but shall strive to enable the parties to resolve their dispute at this stage in order to eliminate the need for binding arbitration or litigation 3 Tree claim preparation In the event that the initial reconciliation process fails and mediation either is not elected or fails the complaining party must prepare a tree claim (as defined in 12 45 020) and provide a copy to the tree owner in order to pursue either binding arbitration or litigation This constitutes a filing of a tree claim 4 Binding arbitration In those cases where the initial reconciliation process fails and where mediation has not resolved the dispute the complaining party must offer to submit the dispute to binding arbitration and the tree owner may elect binding arbitration The identity of the tree arbitrator shall be agreed upon by both the complaining party and the tree owner who shall indicate such agreement in writing This agreement may provide for employment of experts representing the parties or may be limited to an investigation of the tree claim conducted by the tree arbitrator The tree arbitrator shall follow the provisions of this chapter to reach a fair resolution of the tree claim and shall submit a complete written report to the complaining party and the tree owner This report shall include the tree arbitrator s findings with respect to all standards listed in Section 12 45 040 (Standards) of this chapter a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions including a schedule by which mandates must be completed Such actions must be completed with due regard for the health of the tree A copy of the arbitrator s report shall be filed with the City Clerk 5 Litigation In those cases where initial reconciliation fails and binding arbitration is not elected civil action may be pursued by the complaining party for resolution of the sunlight access or view tree claim under the provisions of this chapter The litigant must state in the lawsuit that arbitration was offered and not accepted and that a copy of the lawsuit was filed with the City Clerk A copy of any order or settlement in the lawsuit shall also be filed with the City Clerk (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) 1 rto Iivww ci betke l ev c i. usibi -1c/Beil,e 1 ev Municipal Code/Title, 12/15/010 -itm I 0/1_1/)nnar - % 11 0 1'1 1 ." ULM GS IOT 1 eS011.111011 Or CI1SplIteS Chapter 12 45 SOLAR ACCESS AND VIEWS Section 12 "15 040 Standards tor resolution of disputes A In resolving the tree dispute the tree mediator tree arbitrator or court shall consider the benefits and burdens derived from the alleged obstruction within the framework of the objectives of this chapter as set forth in Section 12 45 010 in determining what restorative actions if any are appropriate The burden of proof shall be on the complaining party|10
9| Benefits a Visual quality of the tree(s) including but not limited to species characteristics size growth form and vigor b Location with respect to overall appearance design and/or use of the tree owner s property c Soil stability provided by the tree(s) considering soil structure degree of slope and extent of the tree s root system d Visual auditory and wind srreening Provided by the treels) to the tree owner and to neighbors Existing privacy provided by the tree(s) to the tree owner s home shall be given particular weight e Energy conservation and/or climate control provided by the tree(s) f Wildlife habitat provided by the tree(s) g The economic value of the tree(s) as measured by criteria developed by the International Society of Arboriculture and the economic value of the property as a result of the tree(s) h Other tree related factors including but not limited to (i) The degree to which the species is native to the local region or area (ii) Indigenous nature of the species to which the tree belongs (iii)Specimen tree quality (iv) Rare tree species and the frequency of new planting of a tree 2 Burdens a The hazard posed by a tree or trees to persons or structures on the property of the complaining party including but not limited to fire danger and the danger of falling limbs or trees b The extent to which the trees diminish the amount of sunlight available to the garden or home of the complaining party c The extent to which the trees interfere with efficient operations of a complaining party s pre existing solar energy system d The existence of landmarks vistas or other unique features which cannot be seen because of growth of trees since the acquisition of the Property e The extent to which the alleged obstruction interferes with sunlight or view The degree of obstruction shall be determined by means of a measuring instrument or photography f The extent to which solar access or the view is diminished by factors other than trees g Deleterious effect of the trees upon the complaining party s vegetation through loss of heat and light except that the dropping of leaves or maintenance factors shall not be a burden under this chapter 3 Restorative actions The tree mediator shall recommend or the tree arbitrator or court shall order restorative action or no action according to Section 12 45 040 (Standards) Restorative actions may include written directions as to appropriate timing of trimming thinning topping or removal Such restorative actions are to apply only to current parties to the dispute The tree arbitrator or court may require compensation to the tree owner for value lost due to restorative actions Possible restorative actions may include Trimming Thinning Delayed trimming or thinning Topping Tree removal possibly with replacement plantings a Restorative actions shall be limited to the trimming and/or thinning of branches where possible and practical Trimming or thinning may be on a delayed basis providing time for the top of the tree to grow above the point where it obstructs sunlight or view b When trimming and/or thinning of branches is not a feasible solution the impact on the health of the tree shall be considered and replacement may be required Topping is not a generally accepted orboricul - 4. - • is - im p ended b the Cit //www ci betkeley ca us/bmc/Beikeley Municipal Code/Title 12/45/040 html 9/14/2004JuLtIon 1._.! -V D (P-R) J1111(11.1CIS ro leSOMI1011 or alSpliteS c In those cases where tree removal eliminates or significantly reduces the tree owner s benefits replacement plantings shall at the tree owner s option be set forth in writing prior to the tree removal The tree owner may elect tree removal with replacement plantings (as an alternative to trimming thinning and topping) d All trimming thinning topping and tree removal required under this chapter shall be perrormed by a person or firm selected by the tree owner with the concurrence of the complaining party except that in the event that the complaining party is not obligated to bear any of the cost for such action his or her concurrence is not required The use of a certified arbonst for such work is encouraged but not required e The extent of solar access or view available and documentable as present at any time during the tenure of the present owner or legal occupant is the limit of restorative action which may be required If the complaining party is seeking a view or sunlight from an addition the complaining party has no right to a view or solar access greater than that which existed at the time the construction of the addition was completed or August 6 1987 whichever date is later f No restorative action may be required concerning any tree the base of which is more than three hundred feet from the immediate vicinity of the dwelling of the complaining party s property If no dwelling exists the distance shall be determined from the most likely dwelling site upon the property or from the geogi aphical centel of the pi operty at the discretion of the niediatui atbitraLut or court as appropriate g A tree which has been the subject of restorative action under the terms of this chapter is exempted from other property owners claiMs for a period of five years from date of filing of a tree claim h Nothing in this section shall be construed to deny compensation to a tree owner to which a tree owner would be entitled under any other provision of law (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) VAAN/ 1-• . 1 I 1 11 ^ /1,1 -- Op I PIPN/ / 1111101 )1 CnrIp/TItle Iltn, On /- f----;',C,1011 IL 4D UDU /-kpp01 t1011111ePT OI COSTS - Chapter 12 45 SOLAR ACCESS AND VIEWS ^ _ - - --- _ - Section 12 45 050 Apportionment or costs A Cost of mediation and arbitration|10
9| The complaining party shall pay all the costs if any of mediation 2 The complaining party and the tree owner shall each pay fifty percent of all the costs of the arbitrator s professional fee if any B Cost of litigation 1 The complaining party shall pay one hundred percent of both parties reasonable attorneys fees in the event that his or her claim is finally denied or no action is ordered pursuant to Section 12 45 040 unless the tree owner has refused to participate in either the initial 1 econciliation or mediation 2 In all other cases the complaining party and the tree owner shall each pay his or her attorney s fees Court costs shall be allocated to the parties at th e cou rts discretion C Cost of restorative actions At any time during the procedure specified in this chapter the parties may agree between themselves as to the allocation of the costs of restorative action If such an agreement is not reached the following shall apply 1 As to trees planted prior to August 6 1987 the complaining party shall pay one hundred percent of the costs of the initial restorative action The complaining party shall pay the cost of subsequent restorative action as the result of the recurrence of the same obstruction 2 As to trees planted subsequent to August 6 1987 the tree owner and the complaining party shall each be responsible for fifty percent of the costs of restorative action and subsequent recurrence of the same obstruction D Compensation for value of restorative actions In the event a tree arbitrator or court orders restorative action and compensation to the tree owner therefor the tree arbitrator or court may use any of the following methods to determine value lost fair market value replacement value or trunk formula Trunk formula shall mean the method of determining value as set forth in latest edition of the Guide for Plant Appraisal published by the Council of Tree and Landscape Appraisers (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) . i to iiwww et betkeley ca us/bmc/Beikeley Municipal Code/Title 12/45/050 html 9/14/20045e,C1-10n 1 4 UOU Chapter 12 45 SOLAR ACCESS AND VIEWS Section 12 45 060 Liabilities A The issuance of mediation findings an arbitration report or a court decision shall not create any liability of the City with regard to the restorative actions to be performed B The complaining party shall indemnify and hold harmless the tree owner with respect to any damages or liability incurred by said owner arising out of the performance of any work at the behest of the complaining party as follows|10
9| With respect to trees planted prior to August 6 1987 the complaining party shall indemnify the tree owner as to one hundred percent of any such damages or liability 2 With respect to trees planted after August 6 1987 the complaining party shall indemnify the tree owner as to fifty percent of any such damages or liability C Failure to enforce on the part of the City will not give rise to any civil or criminal liabilities (Ord 6786 NS § 1 (ort) 1995 Ord 6173 Nis § 1 (part) |10
10|) 993 Ord 58 17 ^ ,S § 1 (part) 1987) t vww ci beikelev ci usThmcP3 te , e i Munict 3-1.1 Code/Title 12/ 15/060 lit ill 9/141/200d_)•-k-, L . 11 I, - / LI L.11101%..C.111G1IL Chapter 12 45 SOLAR ACCESS AND VIEWS ^ ^ Sec 4-Ion '12 45 070 Tiniorcernent A violation of this chapter is not a misdemeanor and the enforcement of this chapter shall be by private parties involved The complaining party shall have the right to bring injunctive action to enforce any restorative action ordered pursuant to this chapter (Ord 6286 NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 NS § 1 (part) 1987) a'tp '/www ci betkeley ca us/bmc/Bakeley_Municipal_Code/Title_l 2/45/070 html 9/14/2004c ' c.,lion 12 45 080 Sevei rage 1 01 Cnapter 12 15 SOL,A P ACCESS AND VIEWS Section 12 z.15 080 Severabiiity If any portion of this chapter is struck down by court action all other portions will remain in effect (Ord 6286-NS § 1 (part) 1995 Ord 6173 NS § 1 (part) 1993 Ord 5817 § 1 (part) 1987) 1/11M7 ri 1,- 1 .1.1/ / ID I> 1 pip. I 1\ /11 r 1 Cr. 1,./T i')//1 M g t) 1 1- .11 0/1 1/'()11 IAttachment No 7 VIEWS FROM CULVER CREST0|1010|1S3110 113A1110 WOIN SM3IAVIEWS FROM CULVER CREST|1010|,--------'.-0 1S3110 svono WONd SM3IAVIEWS FROM BLAIR HILLSVIEWS FROM BLAIR HILLSS111H 111V1i1 WONA SM31A