City of Culver City, California
City Council Agenda Item Report
Meeting Date: 03/27/06 Item Number: A-4
AGENDA ITEM: Adoption of an Ordinance to Amend Municipal Code Title 9,
General Regulations, Regarding View Preservation (Obstruction from Trees).
Contact Person/Dept.: Jose Mendivil Phone Number: (310) 253-5757
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (03/22/06)
Department Approval:
Susan Evans (03/16/06)
CAO Approval:
Jerry B. Fulwood (03/23/06)
City Controller Approval:
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance amending Title 9 of the CCMC
pertaining to View Preservation (Attachment 1).
BACKGROUND/DISCUSSION:
At the City Council meeting of March 6, 2006, the Council introduced the Ordinance by
a vote of 3-2, Mayor Vera and Councilmember Silbiger dissenting.
The Ordinance is brought back tonight for adoption.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Adopt an Ordinance Amending Title 9, General Regulations, of the Culver City
Municipal Code Pertaining to View Preservation (Obstruction from Trees) and that the
Council, after reading the title, waive further reading of the ordinance, by regular motion
and by majority vote as per Government Code Section 36934.
City Council Ordinance No 2006-0 View Preservation Ordinance|1010|MEETING DATE 03/27/06
AGENDA ITEM Adoption of an Ordinance to Amend Municipal Code Title 9,
General Regulations, Regarding View Preservation (Obstruction
from Trees)
ATTACHMENTS
PagesORDINANCE NO 2006-
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 912 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(s)" and hereinafter collectively referred to as Tree(s)) produce a
wide variety of significant psychological and tangible benefits for both
residents and visitors to the community Trees provide privacy modify
temperatures screen winds replenish oxygen to the atmosphere,
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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 a 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 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
D This ordinance shall be applicable to the affected hillside
areas in the City, including Hetzler/Tompkins, Blair Hills, and Culver Crest,
as shown in gray shading on the map attached hereto and incorporated
herein as Exhibit A, and hereby made a part of this ordinance
Section 9 12 005 Purpose and Principles
A The purposes of this Chapter are to|109| Establish the right of a residential real property owner
whose property is located within the affected hillside areas as
depicted in Exhibit A, attached hereto and incorporated herein to
preserve Preexisting Views from unreasonable obstruction by the
growth of Trees|109| Establish that real property owners are in need of a
process to resolve disputes among themselves concerning Views
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28within the immediate vicinity of their property that are unreasonably
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|109| The City recognizes the desire of many of its
residents and real 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 Views are inevitable|109| The City also recognizes residents and real 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,|109| Real property 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, real property 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
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34 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,|109| When a Preexisting View 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 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 Tree(s) 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
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28Arbitrator 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 procedure as set forth in Section 1280 et seq
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
Crown Reduction/Shaping A method of comprehensive trimming that
reduces a Tree s height or spread Crown Reduction entails the reduction of the top
sides, or individual limbs of a Tree by means of removal of leaders or the longest
portion of limbs to a lateral large enough to assume the terminal
Mediation A process in which a neutral third person or persons facilitate
communication between the disputants to assist them in reaching a mutually
acceptable agreement as further defined in Section 1775 et seq of the California Code
of Civil Procedure
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
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28residence The determination of Primary Living Area is to be made on a case-by-case
basis
Restoration Action(s) 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(s) Any woody plant with the potential to obstruct views, including
but not limited to trees, shrubs hedges, bushes and other vegetation References to
"Tree" shall include the plural
Tree Claim The written basis for Mediation, Binding 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
Tree Removal The elimination of any Tree from its present location
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(s) A scene from the Primary Living Area of a residence The term
"View(s)" includes both upslope and down slope scenes, but is generally medium or
long range in nature as opposed to short range View(s) include but are not limited to
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28skylines landmarks, distant urban settings, distinctive geologic features, hillside
terrains ridges and bodies of water The term View(s) 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 that 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
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 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
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28A 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 the View from 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 The deleterious effect of the Trees upon the Complainant' s
vegetation through loss of heat and light except that the dropping of
leaves 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 that an
unreasonable obstruction has occurred, the following unweighted factors shall be
considered in determining the 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 Variety of the Tree its projected rate of growth and
maintenance requirements
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28C 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
I The extent to which the Tree provides 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|109| Trimming|109| Thinning or Windowing,
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283 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 Tree Removal is required, replacement by appropriate
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 subject to Restorative Action under
the terms of this Chapter, is exempt from being part of another Tree Claim
for a period of two years after the date of the satisfactory completion of
the Restorative Action
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COSection 9 12 040 City Guidelines Concerning Restoration Action
The 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 Tnmming 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
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28F Tree Removal Tree Removal may be required where it 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 for all affected properties to help
notify subsequent real property owners 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|109| 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
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28If personal 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 this ordinance 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
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
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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|109| Evidence Regarding Unreasonable Tree Blockage
The location of all Trees alleged to cause the obstruction the
address of the property upon which the Trees are located and the
present Tree Owner's name and address,|109| Evidence of Attempted Resolution Evidence that an
Initial Discussion as described in Section 9 12 045 (A), to resolve
the dispute has been made and has failed The Complainant 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, and
4 Desired Action Specific View Restoration Actions
proposed by the Complainant to resolve the unreasonable View
obstruction
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i L(C Mediation|109| 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|109| 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
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D Binding Arbitration|109| 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 actions must
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
-16-E Litigation|109| 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 rata share of the Arbitrator' s fees
and costs
B Cost of Litigation To be determined by the Court or through
a settlement
C Cost of Restorative Action To be determined by mutual
agreement, or through Mediation Binding 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
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28Section 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 Tree Claim
Section 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 that all other portions of this
Chapter shall remain in effect in the event a portion of it is invalidated by
court action
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28Section 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 the 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
ALBERT VERA, Mayor
City of Culver City California
ATTEST APPROVED AS TO FORM
CHRISTOPHER ARMENTA, CAROL A SCHWAB,
City Clerk City Attorney
A06 00090
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day of 2006/
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