Planning Commission Report

Transcription

1 RL) City of Beverly Hills Plnning Division 455 N. Rexford Drive Beverly Hills, CA TEL. (310) FAX.(310) Plnning Commission Report Meeting Dte: Subject: Project Applicnt: Recommendtion: September 14, CHRIS PLACE Trousdle View Restortion (PL ) Request for View Restortion Permit by the View Owner t 410 Chris Plce for the complete removl of eight trees locted on neighbor s property t 430 Dbney Lne (Folige Owner). Pursunt to the provisions set forth in the Cliforni Environmentl Qulity Act, the Plnning Commission will lso consider doption of Ctegoricl Exemption for this project. Continued from the August 71, 2076 Plnning Commission Hering. Lind Briskmn, Registered Legisltive Advocte, on behlf of Michel nd Ronnie Kssn, property owners Tht the Plnning Commission: 1. Conduct public hering nd receive testimony on the project; nd 2. Adopt the ttched resolution conditionlly pproving View Restortion Permit. REPORT SUMMARY The request ws previously scheduled for Plnning Commission hering on August 11, Prior to the August 11, 2016 hering, the View Owner notified stff tht he nd the Folige Owner2 were working towrds reching privte greement outside of the City s View Restortion process for the removl of the eight trees, nd consequently, requested tht the item be continued to the August 25, 2016 Plnning Commission hering. No subsequent Plnning Commission meeting on this mtter ws held fter the August 25, 2016 meeting s the View Owner nd Folige Owner insted chose to continue discussions to develop privte greement. However, privte greement to resolve this issue ws not reched. 1 VIEW OWNER: Any owner or owners of rel property in Trousdle Esttes tht hs protectble view nd who lleges tht the growth of folige locted on property within five hundred feet (500 ) of their property is cusing substntil disruption of protectble view. View owner shll include one or more owners of the sme property (BHMC Definitions). 2 FOLIAGE OWNER: An owner of rel property in Trousdle Esttes upon which is locted folige tht is subject to n ction filed pursunt to this rticle nd which property is within five hundred feet (500 ) of view owner s property. Folige owner shll reference one or more owners of the sme property. Attchment(s): A. Drft Approvl Resolution B. Required Findings & Restortive Action C. Appliction Mterils D. 30-Dy Public Notice to Folige Owner E. Arborist Report Submitted by the Folige Owner F. View Restortion Ordinnce Report Author nd Contct Informtion: Cynthi de Torre, Associte Plnner (310) cdeltorrebeverlyhills.org 13

2 LLS Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 2 of 17 Consequently, the View Owner is requesting tht the Plnning Commission review the request t this time. The Trousdle View Restortion Ordinnce ws dopted by the City Council on December 6, The intent of the Ordinnce ws to provide regultory frmework through which property owners in the Trousdle neighborhood could ddress the restortion of views tht hve been substntilly disrupted by folige growth on neighboring properties. A primry objective of the Ordinnce is to encourge Trousdle property owners to work directly with ech other to rech resolution of view restortion issues. However, if view restortion solution cnnot be reched between property owners fter the exhustion of the outrech nd medition steps outlined in the Ordinnce, property owner my pply for View Restortion Permit. This cse is the second View Restortion Permit ppliction since doption of the Ordinnce in 2011 nd the first to be scheduled for Plnning Commission hering in the 2017 clendr yer3. The Plnning Commission my issue View Restortion Permit to View Owner with protectble view4 where the protectble view from viewing re5 is substntilly disrupted by folige. Through issunce of View Restortion Permit, the Plnning Commission my require restortive ction on the Folige Owner s property. In this prticulr cse, the View Owner t 410 Chris Plce requests the complete removl of eight trees locted on the property t 430 Dbney Lne (Folige Owner). This report provides context on the View Owner nd Folige Owner s properties, informtion on the required View Restortion procedures, nd n nlysis evluting the level of disruption cused by the Folige Owner s trees to the View Owner t 410 Chris Plce. Stff s nlysis concludes tht the View Owner hs protectble view nd hs substntilly complied with the View Restortion steps. Therefore, the recommendtion in this report is for pprovl of View Restortion Permit for the complete removl of seven of the requested eight trees. BACKGROUND File Dte 12/08/2015 Appliction Complete 1/08/2016 CEQA Determintion Clss 1 Ctegoricl Exemption for modifiction nd replcement of existing lndscping consistent with the City s View Restortion Ordinnce. CEQA Dedline 60 dys from CEQA Determintion Permit Stremlining Tke ction on project within 60 dys of CEQA determintion Applicnt(s) View Owner Folige Owner Prior PC Action Michel nd Ronnie Kssn Michel nd Ronnie Kssn Seed nd Myr Nourmnd None Pursunt to Section 4 of the City Council ordinnce (Ordinnce No ) tht dopted the View Restortion progrm, the limit of View Restortion Permit herings is 10 per clendr yer. Refer to definition on pge 10 of this report. Refer to definition on pge 10 of this report. 14

3 Y Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 3 of 17 Prior Council Action None PROPERTY AND NEIGHBORHOOD SETTING Folige Owner s Property Informtion Address 430 Dbney Lne APN Zoning District R-l Generl Pln Single-Fmily Residentil Low Density Existing Lnd Use(s) Single-Fmily Residentil Lot Are Approximtely 20,700 SF per the LA County Assessor Mp. Yer Built Originlly built in 1958 Historic Resource N/A Protected Trees/Grove There re five Heritge Trees6 (four Aleppo Pines nd one Brzilin Pepper tree) on the Folige Owner s property (refer to Attchment E). Required Setbcks Front setbck: 15 Street side setbck (Lom Vist Drive nd Dbney Lne): 15 Est side setbck: 10.4 (width of site exceeds 100 ) Rer setbck: 10 6 HERITAGE TREE: Any tree not listed on the city s officil list of ntive trees with primry trunk circumference of forty eight inches (48 ) or more, mesured t height of four feet six inches (46 ) bove nturl grde (BHMC ). BHMC B. 15

4 Y Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 4 of 17 - Looking Mps Neighborhood Chrcter The subject property is locted on Chris Plce, north of Doheny Rod, t the corner of Lom Vist Drive nd Chris Plce in Trousdle Esttes. The City of Beverly Hills nnexed Trousdle Esttes 596 single-fmily residentil lots on July 26, Mjor grding, including removl of most existing folige, ws completed to crete flt building pds. View preservtion stndrds were included in mny, if not ll, of the Codes, Covennts, nd Restrictions documents (CC&Rs), plced on the Trousdle trcts beginning in Although the CC&Rs expired in 2000, much of the content nd intent of this document ws incorported by the City Council into the City s Zoning Code in The lot t 410 Chris Plce (View Owner s property) is corner lot with site re of pproximtely 21,540 squre feet. The property s front lot line is long Chris Plce. The site is currently developed with one-story single fmily residence, crport, nd pool built in Originl building permits show tht the residence ws built with height of 14. The site t 430 Dbney Lne (Folige Owner s property) hs n re of pproximtely 20,700 squre feet, nd is currently developed with one-story single fmily residence, ttched grge, nd pool built in Originl building permits show tht the residence ws built with height of

5 y Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 5 of 17 Figure t Dbney Lne (Folige Owner) Site nd Property Lines Source: Virtul Beverly Hills GIS VIEW RESTORATION PROCESS AND REQUEST Before View Owner cn seek remedies mde vilble through View Restortion Permit, the pre-ppliction procedures below must be followed. Ech step in the View Restortion process provides n opportunity for both the Folige Owner nd the View Owner to rech resolution on the mtter, but prerequisites must be met before dvncing through the process. To encourge erly resolution of disputes, the process is set up so tht Folige Owners do not incur ny cost if they prticipte in resolving the view restortion issue during the erly steps of the process. However, Folige Owners do incur costs if the mtter requires review by the Plnning Commission nd View Owner is grnted View Restortion Permit. The following tble summrizes the required steps of the Trousdle View Restortion Ordinnce nd identifies both the View Owner nd Folige Owner s complince with ech required step: Tble I - Trousdle View Restortion Process Summry STEP ONE Send signed letter 30 dys for Complince Originl letter ws Initil Neighbor on City form. Folige Owner to with sent certified mil Outrech (BHMC Letter should respond, unless Requirement on April 10, B) include offer to 10-dy extension Additionl letters meet with Folige is requested. were lso miled Owner, requested on My 16, 2014, remedy, cost September 17, estimte of 2014, October 2, remedy, nd offer 2014, nd to py the cost. Jnury 30,

6 Y Plnning Commission Report 410 Chns Plce September 14, 2017 Pge 6 of 17 STEP TWO Send signed 30 dys for Complince Originl medition Medition (BHMC medition letter on Folige Owner to with letter ws sent C) City form. Letter respond, unless Requirement certified mil on (proof of Initil should include 1 0-dy extension My 1 1, Neighbor offer to meet with is requested. Outrech must Folige Owner hve been nd meditor, submitted prior requested remedy, to Medition stge) cost estimte of remedy, nd offer to_py_the_cost. STEP THREE The ppliction N/A Complince Appliction View Restortion should include, but with Submitted (See Permit (BHMC not be limited to, Requirement Attchment C) ) the following: proof of completion of the first two steps, View Restortion Property Survey8; nd Tree Survey9. The Folige Owner nd View Owner hve ttempted to rech n greement since In 2016, both prties greed to meet with meditor uthorized by the City to resolve the mtter fter the View Restortion ppliction ws filed; however, n greement ws not reched. Proof tht both the Folige Owner nd View Owner prticipted in medition hs been provided by the meditor (included in Attchment C). The pplicnt hs met the requirements for filing View Restortion ppliction. Requested Entitlement. The entitlement requested is s follows: View Restortion Permit: A request by View Owner with protectble view to remove or lter folige locted on Folige Owner s lot within 500 of the View Owner s property tht substntilly disrupts protectble view. 8. If ccess to the folige owner s property is necessry to complete the survey nd the folige owner does not grnt ccess to his/her property for the purpose of conducting the survey, view restortion property survey report shll be prepred using other informtion sources such s mesurements tken from other properties, photogrphs tken from other properties, stellite photogrphs from commercilly vilble sources, public record permit informtion for work performed on folige owner s property, nd other similr informtion sources. -Refer to the definition of View Restortion Property Survey in BHMC If folige owner does not grnt ccess to his/her property for the purpose of conducting tree survey, tree survey report shll be prepred with s much of the bove informtion s possible, using other informtion sources such s photogrphs tken from other properties, stellite photogrphs from commercilly vilble sources, public record permit informtion for work performed on folige owner s property, nd other similr informtion sources. -Refer to the definition of Tree Survey in BHMC

7 RLY Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 7 of 1 7 The View Owner is requesting the following eight trees nd bmboo hedge to be completely removed: Figure 3 View Owners Request Tree Number Folige 1 1 of 2 trees in cluster of Elm trees 2 2 of 2 trees in cluster of Elm trees 3 Brn boo1 4 1 Silk Ok 5 1 Aleppo Pine 6 1 Silk Ok 7, 8, nd 9 3 Aleppo Pine trees 10 The bmboo constituted hedge nd exceeded the mximum llowble height for hedge in side yrd. The hedge height ws resolved through Code Enforcement in November

8 BEVERLY HILLS Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 8 of 17 GENERAL PLAN11 POLICIES The Generl Pln includes gols nd policies intended to help guide development in the City. Some of the gols nd polices pplicble to the proposed project re provided below to help guide the Plnning Commission in its delibertions. Policy LU 5.1 Neighborhood Conservtion. Mintin the uses, densities, chrcter, menities, chrcter, nd qulity of the City s residentil neighborhoods, recognizing their contribution to the City s, identity, economic vlue nd qulity of life. Policy LU 6.1 Neighborhood Identity. Mintin the chrcteristics tht distinguish the City s single-fmily neighborhoods from one nother in such terms s topogrphy, lot size, housing scle nd form, nd public streetscpes. Policy OS 6 Visul Resource Preservtion. Mintennce nd protection of significnt visul resources nd esthetics tht define the City. ENVIRONMENTAL ASSESSMENT The project hs been reviewed pursunt to the Cliforni Environmentl Qulity Act (CEQA), the Stte CEQA Guidelines (Cliforni Code of Regultions, Title 14, Sections et seq.), nd the City s Locl CEQA guidelines. The project ppers to qulify for Clss I Ctegoricl Exemption pursunt to Section (Existing Fcilities) of the Guidelines. Specificlly, the request involves modifiction nd replcement of existing lndscping consistent with the City s View Restortion Ordinnce. Therefore, the proposed project is exempt from further review under the provisions of CEQA. PUBLIC OUTREACH AND NOTIFICATION 2 Type of Notice Required Required Notice Actul Notice Actul Period Period Dte Dte Posted Notice 3 Dys 9/11/2017 9/7/ Dys (gend) Website N/A N/A 9/7/ Dys Public Hering Notice 30-Dy 8/15/2017 8/14/ Dys Notice to Folige Owner Prior to Hering Public Comment In ddition to the required notice provided to the Folige Owner, stff provided notice of the public hering to interested prties who hve requested informtion bout this specific ppliction nd to prties who hve requested informtion bout Trousdle View Restortion Permits in generl. As of the writing of this report, stff hd not received ny public comments regrding the Project. Avilble online t hftjx// 12 BHMC B. Specil Notice Requirements 20

9 (!RLY Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 9 of 17 ANALYSIS13 Project pprovl, conditionl pprovl, or denil is bsed upon specific findings for the discretionry ppliction requested by the pplicnt. The specific findings tht must be mde in order to pprove the View Restortion Permit re included with this report in Attchment B, nd my be used to guide the Plnning Commission s delibertion of the request. Key issues relted to the requested entitlement re discussed s follows: Definitions. The View Restortion Ordinnce provides the following definitions to id in the review of View Restortion Permit: The provisions of the View Restortion Article shll not pply to folige where the highest point of the folige is below sfe hrbor plne on Folige Owner s property. SAFE HARBOR PLANE: A plne defined by points t the edge of View Owner s level pd to points mesured from grde t the edge of n djcent downslope Folige Owner s principl building re tht is frthest from the edge of View Owner s level pd locted in line of sight of protectble view. The points of the plne on Folige Owner s property shll be t height of one foot (1 ) bove the height of the roof of the primry residentil structure on Folige Owner s property, not to exceed mximum height of fifteen feet (15 ) s mesured from grde... For the purposes of this definition, the height of the roof of the primry residentil structure excludes chimneys, stir or elevtor shfts, vent pipes, mechnicl equipment, prpets, rchitecturl fetures tht extend bove the primry roof elevtion, ntenns, nd other rooftop equipment... For purposes of this definition, downslope nd upslope properties seprted by public street shll be deemed to be djcent. Sfe Hrbor Are PROPERTY One foot bove height of roof VIew Owner Protectble View (View of Los Angeles Are Bsin) t D Folige within this re would be exempt Prepred by the Community Development Deprtment Figure 4 13 The nlysis provided in this section is bsed on drft findings prepred by the report uthor prior to the public hering. The Plnning Commission in its review of the dministrtive record nd bsed on public testimony my rech different conclusion from tht presented in this report nd my choose to modify the findings. A chnge to the findings my result in finl ction tht is different from the stff recommended ction in this report. 21

10 Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 10 of 17 The pplicnt hs prepred sfe hrbor exhibit for their request (included in Attchment C); however, topogrphic survey hs not been provided to confirm the elevtions of both the View Owner s level pd nd the Folige Owner s level pd. Therefore, verifiction of the ccurcy of the submitted sfe hrbor exhibit is not confirmed. Nevertheless, the exhibit hs been provided for informtionl purposes. PROTECTABLE VIEW: A protectble view my include ny view of the Los Angeles re bsin from viewing re s defined [below]. The view of the Los Angeles re bsin my include, but is not limited to, city lights (Beverly Hills nd other cities), ocen, nd horizon. The term protectble view does not men n unobstructed pnorm of ll or ny of the bove. For purposes of this section, protectble view shll be determined from point thirty six inches (36 ) bove the finished grde of the viewing re. VIEWING AREA: An re from which protectble view is ssessed, locted on the level pd tht contins the primry residentil structure. A viewing re shll be room of the primry residentil structure (excluding hllwys, lundry rooms, closets nd grges), or ptio, deck or lndscped re djcent to the primry residentil structure tht does not extend beyond the level pd. There my be one or more viewing res on property. The reviewing uthority shll estblish the viewing re or res s prt of its finding tht the View Owner hs protectble view. The reviewing uthority my designte loction s viewing re if, in the opinion of the reviewing uthority, n verge resident would often observe protectble view from tht re. Additionlly, the View Restortion Ordinnce provides the following criteri for determining whether or not protectble view is substntilly disrupted 4: Folige Position Within A Protectble View: Folige locted in the center of protectble view is more likely to be found to substntilly disrupt view thn folige locted on the protectble view s periphery. Folige Size And Density: Folige tht by virtue of its size nd density obstructs lrge portion of protectble view is more likely to be found to substntilly disrupt the view thn is folige tht obstructs only smll portion of the protectble view. Trees locted in close proximity to ech other nd mintined in such wy s to collectively form n uninterrupted green brrier re more likely to be found to substntilly disrupt view thn re individul trees. View Diminished By Other Fctors: The extent to which the view hs been or is diminished by other fctors such tht removl of the folige t issue will not substntilly restore the protectble view. Other fctors tht my be considered include, but re not limited to, permitted structures, nd folige tht is not on privte property within five hundred feet (500 ) of the View Owner s property. In evluting the request, stff conducted site visits to the View Owner s property on My 20, 2016 nd August 2, Stff lso conducted site visit to the Folige Owner s property on BHMC l.1.c. 22

11 Y Plnning Commission Report 410 Chris Plce September 14, 2017 Pge July 20, Bsed upon the site visits nd review of the Ordinnce, n outdoor viewing re on the south side of the 410 Chris Plce property, djcent to the swimming pool, ws identified. The viewing re is outlined on Figure 5 below. Stff s observtions from this viewing re loction inform the nlysis nd recommendtion of this report. Views of Century City nd Beverly Hills were observed from the lndscped re on the level pd djcent to the primry residentil structure ( viewing re ). L Figure Chris Plce Viewing Are Circled in Blue 23

12 Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 12 of 17 ANALYSIS OF PROTECTABLE VIEW AND DISRUPTION. South Side of Folige Owner s Property (Rer Yrd): A grouping of two Chinese Elm trees tht re pproximtely 40 in height re identified s Trees #1 nd #2 on Figure 3 of this report (Pge 7). The generl loction of Trees #1 nd #2 re circled in pink on Figure 6 below. The two trees re locted long the estern side of the property in the rer yrd nd pper to contribute to n existing green brrier formed by trees locted beyond the subject property. Bsed upon stff field observtions, the cnopies of Trees #1 nd #2 block views of portion of the LA re bsin from the defined viewing loction. Consequently, stff recommends tht the Chinese Elms (Trees #1 nd #2) be subject to restortive ction. The Folige Owner s rborist dvises ginst trimming the trees to mximum height of 15 s the restortive ction becuse the trees re composed of lrge primry woody trunk nd the trees lck secondry internl brnches tht could be pruned. Trimming these trees to 15-foot height would result in tree topping effect which would stimulte the growth of sucker brnches. Sucker brnches pose hzrd to the trees nd surrounding property becuse they wekly ttch to the brk nd re prone to peeling off. Over time, the lrger, woody prts of the trees would slowly decy nd the sucker brnches would die. Therefore, stff recommends complete removl of the trees s the pproprite restortive ction. The View Restortion Ordinnce llows for the complete removl of folige when the reviewing uthority finds tht the trimming, culling, lcing, or reduction of the folige is likely to kill the folige, threten the public helth, sfety, or public welfre, or will destroy the esthetic vlue of the folige tht is to be pruned or reduced...75 The Silk Ok in the bckyrd next to the pool (Tree #4 on Figure 3 nd circled in yellow on Figure 6) is lrge tree tht is pproximtely 50 in height nd ppers to block views of Los Angeles when looking southest from the defined viewing loction. However, the view disruption does not pper to be substntil due to the tree s sprse, verticl cnopy. Additionlly, it ppers tht the view blocked by Tree #4 would remin blocked by folige locted on other properties locted south of the Folige Owner s property. Removing Tree #4 would likely not restore the LA re bsin view t this loction s folige (including t lest two tll trees circled in green on Figure 6) locted on properties beyond Tree #4 would obstruct the sme view corridor even if Tree #4 is removed. Additionlly, Tree #4 is locted in close proximity to n existing swimming pool on the Folige Owner s property nd complete removl of the tree s root system without cusing dmge to the pool deck re would be difficult. The Folige Owner hs identified concerns to stff regrding potentil structurl impcts to the pool nd surrounding ptio re from tree nd root system removl. Independent of the concerns regrding the pool, stff finds tht the Silk Ok tree does not substntilly block protectble view becuse of the context outlined bove nd recommends tht this individul tree remin. 15 BHMC J.2 24

13 iierly L Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 13 of 17 Figure 6 - Photo Tken from the View Owner s Property, Provided by the View Owner s Representtive North Side of Folige Owner s Property (Front Yrd): The cnopies of three Aleppo Pine trees tht re pproximtely 45 tll (Trees #7, #8, nd #9 on Figure 3) re locted on the right side of the Folige Owner s property. The generl loction of the three trees is circled in ornge on Figure 7. The three trees pper to form dense, green brrier when observed from the viewing loction nd, consequently, re found to substntilly disrupt views of the LA bsin (specificlly, Beverly Hills nd Century City). While the trees qulify s protected, Heritge Trees16 due to their size nd loction, Pine trees re lso on the City s nuisnce tree list17 becuse they meet the following criteri: grow rpidly nd exceed height of t mturity; cnnot be topped off esily nd repetedly pruned to mintin pproprite heights; nd re known fire hzrds. 16 HERITAGE TREE: Any tree not listed on the city s officil list of ntive trees with primry trunk circumference of forty eight inches (48 ) or more, mesured t height of four feet six inches (4 6 ) bove nturl grde. 17 Nuisnce trees re not recommended to be newly plnted in Trousdle. Other nuisnce trees include Euclyptus, Itlin Cypress, Ficus, Cnry Islnd Dte Plm, King Plm, nd Queen Plm (View Restortion Guidelines). 25

14 BEVERLY HI LLS Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 14 of 17 According to the submitted rborist report, Pine trees re not idel cndidtes for pruning due to their physicl chrcteristics nd cnopy structure. Due to the Pine trees mssive trunks, trimming them to mximum height of 15 would result in severe tree topping effect tht would led to the eventul deth of the trees. Additionlly, Pine trees re susceptible to brk beetle infesttion, especilly during wrmer months. Consequently, repeted pruning would not be fesible since the pruning would hve to be limited to winter months when brk beetles re less ctive. Therefore, stff recommends removl of the trees s the pproprite course of ction. While the trees qulify s protected, the View Restortion Ordinnce llows for the removl of protected trees tht substntilly disrupt view if the removl of the tree will not: (1) Adversely ffect the neighboring properties or the generl welfre or sfety of the surrounding re; or (2) Adversely ffect the grden qulity of the City 8. Removl of the Pine trees to restore the view would not cuse dverse impcts to the surrounding re nor to the grden qulity of the City becuse, in ddition to the removl being n pproprite restortive ction for trees tht cnnot withstnd repeted pruning, the removl of the trees would lso be conditioned to include the plnting of two, 48 box trees recommended for plnting in the Trousdle re 9 in order to mitigte the loss of the trees. Two, rther thn three, trees re recommended to be plnted in this loction in order to provide dequte spcing between the trees nd llow for helthy growth of the replcement trees. Lstly, requiring replcement folige in conjunction with the removl of the subject trees would ensure tht substntil dverse impcts on the public helth, sfety, welfre, or privcy of the property owner, shde provided to the dwelling, stbility of the hillside, helth or vibility of the remining lndscpe, or the integrity of the lndscpe pln re not cused by the trees removl20. As such, stff recommends removl of the three Pine trees to restore the protectble view of the LA re bsin nd the replcement of the nuisnce trees with more pproprite folige. 18 BHMC lid. 19 Recommended trees grow to mximum height tht would not likely result in disruption of view (mximum height of feet); cn be esily nd repetedly pruned to mintin pproprite heights; re pproprite to the climte nd wter conditions of Beverly Hills nd would not negtively impct slope stbility. Exmples include Western Redbud nd Dwrf Fruitless Olive trees (View Restortion Guidelines). 20 BHMC J.3 26

15 Trees Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 15 of 17 Figure 7 Photo of Trees #7, #8, nd #9 tken from the View Owner s Property, Provided by the View Owner s Representtive Figure 8 #7, #8, nd #9 27

16 Cluster y Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 16 of 17 The lst two trees tht re subject to the View Owner s request re Tree #5, n Aleppo Pine tree nd Tree #6, Silk Ok tree. Both trees re pproximtely 35 tll nd re locted on the est side of the Folige Owner s property (generl loction of the cluster is circled in purple below). Tree #5 nd #6 re locted in close proximity to ech other nd thus form cnopy tht ppers to substntilly disrupt protectble view of the LA Bsin. The Aleppo Pine in this loction, while smller in circumference thn the other three Aleppo Pines, qulifies s protected tree nd is lso considered nuisnce tree. Both species of trees cnnot withstnd repeted pruning due to the trees lrge, primry truck nd lck of secondry internl brnch system. Repeted pruning of these trees would led to topping of the trees which would result in eventul deth of the Pine tree nd the growth of sucker brnches in response to the topping of the Silk Ok tree. Consequently, stff recommends removl of both the Pine tree nd the Silk Ok tree s prt of the pproprite restortive ction. Lstly, to mitigte the loss of both view-disrupting trees, stff lso recommends the plnting of one, 48 box tree recommended for plnting in the Trousdle re in the City s dopted View Restortion Guidelines21. Figure 9 - of Trees. nd #6 21 Recommended trees grow to mximum height tht would not likely result in disruption of view (mximum height of feet); cn be esily nd repetedly pruned to mintin pproprite heights; re pproprite to the climte nd wter conditions of Beverly Hills nd would not negtively impct slope stbility. Exmples include Western Redbud nd Dwrf Fruitless Olive trees (View Restortion Guidelines). 28

17 LLS Plnning Commission Report 410 Chris Plce September 14, 2017 Pge 17 of 17 NEXT STEPS It is recommended tht the Plnning Commission conduct the public hering nd dopt the ttched resolution conditionlly pproving the View Restortion Permit. Alterntively, the Plnning Commission my consider the following ctions: 1. Approve the project with modified findings or conditions of pprovl. 2. Deny the project, or portions of the project, bsed on revised findings. 3. Direct stff or pplicnt s pproprite nd continue the hering to dte (un)certin, consistent with permit processing timelines, nd t pplicnt s request or consent. Report Revieyd By: Ms Alk,AICP, Principl Plnner 29

18 IS C.Af Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment A Drft Approvl Resolution 30

19 RESOLUTION NO. A RESOLUTION Of THE PLANNING COMMISSION OF THE CITY OF BEVERLY HILLS CONDITIONALLY APPROVING A VIEW RESTORATION PERMIT THE REMOVAL OF SEVEN TREES ON A PROPERTY LOCATED AT 430 DABNEY LANE (FOLIAGE OWNER) IN TROUSDALE ESTATES. for determines s follows: The Plnning Commission of the City of Beverly Hills hereby finds, resolves, nd Section 1. Michel nd Ronnie Kssn, pplicnts nd property owners of 410 Chris Plce (the Applicnt nd View Owner ), hve submitted n ppliction for View Restortion Permit for the complete removl of eight trees on neighbor s property locted t 430 Dbney Lne ( Folige Owner ) in Trousdle Esttes (the Request ). The Request requires View Restortion Permit for the View Owner to restore protectble view tht hs been substntilly disrupted by folige locted on the Folige Owner s property. Section 2. The Applicnt requested the complete removl of the following trees: 1. Two Chinese Elm trees long the estern side of the Folige Owner s property in the rer; 2. One Silk Ok in the bck yrd of the Folige Owner s property (ner the pool); nd 3. One Aleppo Pine tree nd one Silk Ok tree on the est side of the Folige Owner s property fcing Dbney Lne; 31

20 4. Three Aleppo Pine trees in the northwest corner of the property, long Dbney Lne nd Lom Vist Drive. Section 3. The request hs been reviewed pursunt to the Cliforni Environmentl Qulity Act (CEQA), the Stte CEQA Guidelines (Cliforni Code of Regultions, Title 14, Sections et seq.), nd the City s Locl CEQA guidelines. The Plnning Commission finds tht the project is exempt from CEQA pursunt to Section of the CEQA Guidelines for modifiction nd replcement of existing lndscping consistent with the City s View Restortion Ordinnce. Section 4. Notice of the Request nd public hering ws miled on August 14, 2017, to the Folige Owner s ddress nd to the site ddress in ccordnce with the 30-dy public notice requirement specific to View Restortion pplictions. On August 11, 2016, the Plnning Commission conducted duly noticed public hering to consider the ppliction nd continued the mtter to future Plnning Commission meeting. On September 14, 2017, fter conducting duly noticed site visit to both the View Owner s nd Folige Owner s properties, the Plnning Commission considered the ppliction t duly noticed public hering. Evidence, both written nd orl, ws presented t the meeting. Section 5. In reviewing the request for View Restortion Permit, the Plnning Commission considered whether it could mke the following findings in support of the Request: 1. The View Owner hs protectble view. The reviewing uthority shll determine the viewing re or res in order to mke this finding; 2 32

21 2. The View Owner hs substntilly complied with the initil neighbor outrech nd medition procedures of this rticle; 3. The View Owner s protectble view is substntilly disrupted by folige on folige owner s property tht is not exempt under section of this chpter. The following criteri shll be considered in determining whether or not protectble view is substntilly disrupted:. Folige Position Within Protectble View: Folige locted in the center of protectble view is more likely to be found to substntilly disrupt view thn folige locted on the protectble view s periphery; 5. Folige Size nd Density: Folige tht by virtue of its size nd density obstructs lrge portion of protectble view is more likely to be found to substntilly disrupt the view thn is folige tht obstructs only smll portion of the protectble view. Trees locted in close proximity to ech other nd mintined in such wy s to collectively form n uninterrupted green brrier re more likely to be found to substntilly disrupt view thn re individul trees. c. View Diminished By Other Fctors: The extent to which the view hs been or is diminished by other fctors such tht removl of the folige t issue will not substntilly restore the protectble view. Other fctors tht my be considered include, but re not limited to, permitted 3 33

22 structures, nd folige tht is not on privte property within five hundred (500 ) of the View Owner s property. d. With respect to ny tree protected pursunt to section of this title, removl of the tree will not: i. Adversely ffect the neighboring properties or the generl welfre or sfety of the surrounding re; or ii. Adversely ffect the grden qulity of the city. Section 6. Bsed on the foregoing, the Plnning Commission hereby finds nd determines s follows with respect to the View Restortion Permit: 1. The View Owner hs protectble view of the Los Angeles Bsin specificlly, of Century City, Beverly Hills, nd the horizon s viewed from the lndscped re on the level pd djcent to the primry residentil structure. 2. The View Owner hs substntilly complied with the initil neighbor outrech nd medition procedures of the Trousdle Esttes View Restortion Article. The View Owner sent the originl initil neighbor outrech letter on April 10, Additionl letters were lso miled on My 16, 2014, September 17, 2014, October 2, 2014, nd Jnury 30, Both the Folige Owner nd the View Owner prticipted in medition fter the View Restortion ppliction ws filed. Proof of medition in the form of verifiction letter signed by the meditor hs been provided nd is in the City s file for this ppliction. 3. Bsed on the evidence in the City s files, including stffs prior inspections of the properties, the stff report, nd the site visit to both properties on 4 34

23 September 14, 2017, the Plnning Commission found tht folige comprising totl of seven trees substntilly disrupt the View Owner s view: Two Chinese Elm trees long the estern side of the property in the rer, which, s result of their contribution to n existing green brrier formed by trees beyond the subject property, re found to be subject to restortive ction. The trees consist of lrge, primry woody trunk nd lck secondry, internl brnches tht could be pruned. Consequently, trimming such trees would led to tree topping effect which would stimulte the growth of sucker brnches. Sucker brnches pose hzrd to the trees nd surrounding property becuse they wekly ttch to the brk nd re prone to peeling off Over time, the lrger woody prts of the trees would slowly decy nd the sucker brnches would die. As such, the Plnning Commission finds tht complete removl of the trees is the pproprite restortive ction. Three Aleppo Pine trees locted on the right side of the Folige Owner s property, long the Dbney Lne nd Lom Vist Drive intersection, form green brrier nd, consequently, substntilly disrupt views from the View Owner s property. While the three Pine trees qulify s protected Heritge Trees, Pine trees re lso on the City s nuisnce tree list, nd, therefore, should not be plnted in view res. Due to the 5 35

24 trees lrge size nd structure, repeted pruning would result in severe tree topping effect tht would led to the eventul deth of the trees. Consequently, the Plnning Commission finds tht the most pproprite course of ction for the three subject trees is removl. Removl of sid trees will not dversely ffect the neighboring properties or the generl welfre or the generl sfety of the surrounding re, nor dversely ffect the grden qulity of the city becuse removl is the pproprite restortive ction for such trees tht cnnot withstnd repeted pruning. Furthermore, removl of the three trees is conditioned to include the plnting of two, 4$ box trees recommended for plnting in the Trousdle re in order to mitigte the loss of the trees; nd One Aleppo Pine tree nd one Silk Ok tree on the est side of the Folige Owner s property fcing Dbney Lne re in close proximity to ech other, nd consequently, form cnopy tht substntilly disrupts the View Owner s protectble view. This Aleppo Pine tree lso qulifies s protected Heritge Tree; however, s discussed bove, s Pine tree, it is lso on the City s nuisnce tree list nd should not be plnted in view res. Both species of trees cnnot withstnd repeted pruning due to the trees lrge, primry truck nd lck of secondry internl brnch system. Repeted pruning of these trees would 6 36

25 led to the eventul deth of the Pine tree nd the growth of sucker brnches in response to the topping of the Silk Ok tree. Therefore, the Plnning Commission finds tht the pproprite restortive ction for the Aleppo Pine nd the Silk Ok trees is removl. The removl of the two trees is conditioned to include the plnting of one, 4$ box tree recon-imended for plnting in Trousdle. While the View Owner requested tht the Silk Ok tree locted in the bckyrd, next to the pooi be removed s prt of his View Restortion request, the Plnning Commission found tht the view disruption cused by the tree is not substntil due to the tree s sprse, verticl cnopy. furthermore, the protectble view in this loction ppers to be diminished by folige locted on other properties beyond the subject tree. Removl of the tree would not restore the view in this re due to trees locted on properties beyond the tree tht would obstruct the sme view corridor if the subject tree were removed. Consequently, the Plnning Commission finds tht the Silk Ok tree does not require restortive ction. Section 7. Bsed on the foregoing, the Plnning Commission hereby grnts the requested View Restortion Permit, subject to the following conditions: 7 37

26 1. This pprovl is for the complete removl of the following seven trees ( Restortive Action ): Two Chinese Elm trees locted long the estern side of the Folige Owner s property in the rer; Three Aleppo Pine trees locted on the right side of the Folige Owner s property, t the Dbney Lne nd Lom Vist Drive intersection; nd One Aleppo Pine tree nd one Silk Ok tree locted on the est side of the Folige Owner s property fcing Dbney Lne. Any minor chnges to the Request, s determined by the Director of Community Development, shll be reviewed nd pproved by stff. Substntive chnges, s determined by the Director of Community Development, shll be returned to the Plnning Commission for review nd pprovl. 2. The Folige Owner t 430 Dbney Lne nd the View Owner t 410 Chris Plce shll ech py 50% of the cost of Restortive Action. 3. The Restortive Action shll be performed by licensed nd bonded tree or lndscpe service. 4. At the folige Owner s expense, two, 48 box trees recommended for plnting in the Trousdle re shll be plnted on the right side of the Folige Owner s property, t the Dbney Lne nd Lom Vist Drive intersection upon removl of the three Aleppo Pine trees in this loction. 5. At the Folige Owner s expense, one, 48 box tree recommended for plnting in the Trousdle re shll be plnted on the est side of the Folige 8 38

27 Owner s property, fcing Dbney Lne upon removl of the Aleppo Pine nd Silk Ok trees in this loction. 6. Site ccess for City inspection to ensure initil complince with the View Restortion Permit must be grnted by the Folige Owner t 430 Dbney Lne within 15 dys of written request by the City of Beverly Hills. 7. Full cost of ny City enforcement ction relted to this View Restortion Permit, including ttorney s fees, shll be borne by the Folige Owner t 430 Dbney Lne. 8. DECISION RUNS WITH LAND. Decisions regrding View Restortion pplictions shll be binding on ll current nd future owners of the View Owner s property nd Folige Owner s property, nd such decisions must be disclosed by ech owner to subsequent owners of the property. 9. APPEAL. Decisions of the Plnning Commission my be ppeled to the City Council within fourteen (14) dys of the Plnning Commission ction by filing written ppel with the City Clerk. Appel forms re vilble in the City Clerk s office. An ppel fee is required. 10. RECORDATION. The resolution pproving the View Restortion Permit shll be recorded ginst the Folige Owner s property t 430 Dbney Lne long with covennt, stisfctory in form nd content to the City Attorney, ccepting the conditions of pprovl set forth in this resolution. The covennt shll include copy of the resolution s n exhibit. The Folige Owner shll deliver the executed covennt to the Deprtment of Community Development within 60 dys of the Plnning Commission decision. After the Folige Owner delivers the covennt to 9 39

28 void nd of no further effect. Notwithstnding the foregoing, the Director of document with the County Recorder. If the View Owner fils to deliver the fees within the required 60 dys, this resolution pproving the Project shll be null nd 11. VIOLATION OF CONDITIONS AND VIEW RESTORATION 12. After decision is rendered by the Plnning Commission issuing I/I I/I resonble ttorney fees nd costs incurred in the litigtion. between the View Owner nd the Folige Owner shll be entitled to recover its with, the View Restortion permit. The previling prty in ny such civil ction my sue in Los Angeles Superior Court to enjoin violtion of, or compel complince complince with View Restortion Permit is mde by the City, the View Owner View Restortion Permit, t ny time before or fter n initil determintion of Restortion permit shll be resolved by civil ction initited by the View Owner. ny further dispute regrding the Folige Owner s complince with the View by the City tht the Folige Owner hs complied with the View Restortion Permit, initil complince with the View Restortion Permit. After n initil determintion PERMIT: The City of Beverly Hills shll tke such ction, s pproprite, to ensure good cuse hs been demonstrted justifying the dely. from the 60 dy time limit if, t the time of the request, the Director determines tht Community Development my, upon request by the View Owner, grnt wiver the City, the View Owner shll provide the City with ll fees necessry to record the

29 12. The Secretry of the Plnning Commission shll certify to the pssge, pprovl, nd doption of this resolution, nd shll cuse this resolution nd his/her Certifiction to be entered in the Book of Resolutions of the Plnning Commission of the City. Adopted: September 14, 2017 Attest: Lori Greene Gordon Chir of the Plnning Commission of the City of Beverly Hills Ryn Gohlich, AICP Secretry of the Plnning Commission Approved As To form: Approved As To Content: Dvid M. Snow Assistnt City Attorney Ryn Gohlich, AICP Assistnt Director / City Plnner Community Development Deprtment 11 41

30 IL2 Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment B Required Findings & Restortive Action 42

31 I. Findings: 1. The reviewing uthority my issue view restortion permit to remove or lter folige on ny lot tht is ll or prtly within five hundred feet (500 ) of view owner s property if it mkes ll of the following findings:. The view owner hs protectble view. The reviewing uthority shll determine the viewing re or res in order to mke this finding. b. The view owner hs substntilly complied with the initil neighbor outrech nd medition procedures of this rticle. c. The view owner s protectble view is substntilly disrupted by folige on folige owner s property tht is not exempt under section of this chpter. The following criteri shll be considered in determining whether or not protectble view is substntilly disrupted: (1) Folige Position Within A Protectble View: Folige locted in the center of protectble view is more likely to be found to substntilly disrupt view thn folige locted on the protectble view s periphery. (2) Folige Size And Density: Folige tht by virtue of its size nd density obstructs lrge portion of protectble view is more likely to be found to substntilly disrupt the view thn is folige tht obstructs only smll portion of the protectble view. Trees locted in close proximity to ech other nd mintined in such wy s to collectively form n uninterrupted green brrier re more likely to be found to substntilly disrupt view thn re individul trees. (3) View Diminished By Other Fctors: The extent to which the view hs been or is diminished by other fctors such tht removl of the folige t issue will not substntilly restore the protectble view. Other fctors tht my be considered include, but re not limited to, permitted structures, nd folige tht is not on privte property within five hundred feet (500 ) of the view owner s property. d. With respect to ny tree protected pursunt to section of this title, removl of the tree will not: (1) Adversely ffect the neighboring properties or the generl welfre or sfety of the surrounding re; or (2) Adversely ffect the grden qulity of the city. 2. The reviewing uthority my llow folige to substntilly disrupt protectble view if the reviewing uthority mkes one or more of the following findings:. The folige is importnt to the integrity of n existing lndscpe pln. 43

32 b. Altertion of the folige will unresonbly impct the privcy nd security of the folige owner. c. Altertion of the folige will hve substntil dverse impct on stbility of hillside, dringe, or erosion control. d. Restortion of the protectble view would not substntilly enhnce resonble person s enjoyment of the view owner s property tken s whole. J. Restortive Action: The reviewing uthority my, through issunce of view restortion permit, require restortive ction on folige owner s property. All restortive ction must be performed by licensed nd bonded tree or lndscpe service unless mutully greed upon by the view owner nd the folige owner. Restortive ction my include, but is not limited to, the following: 1. Trimming, culling, lcing, or reducing folige to height or width to be determined by the reviewing uthority but not below the sfe hrbor plne. 2. Requiring the complete removl of the folige when the reviewing uthority finds tht the trimming, culling, lcing, or reduction of the folige is likely to kill the folige, threten the public helth, sfety, or public welfre, or will destroy the esthetic vlue of the folige tht is to be pruned or reduced. Removl of helthy tree not on list of nuisnce trees mintined by the city is to be voided unless the reviewing uthority determines such removl is necessry to void substntil disruption of protected view. 3. Requiring replcement folige when the reviewing uthority finds tht removl without replcement will cuse substntil dverse impct on one or more of: ) the public helth, sfety nd welfre; b) the privcy of the property owner; c) shde provided to the dwelling or property; d) the energy efficiency of the dwelling; e) the stbility of the hillside; f) the helth or vibility of the remining lndscping; or g) the integrity of the lndscpe pln. 44

33 ierly Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment C Appliction Mterils 45

34 Fx: C C City of Beverly Hills Plnning Division 455 N. Reeford DrIve Beverly Hilly, CA tel. (310) Fx (310) ( View Restortion Permit Appliction A Applicnt Informtion Nme(s): Address: City: Phone: E-Mil Mdw (sc,r 910 CL,ns f-ti(t Stte & Zip Code: ca oil 0 Fx: - B Folige Owner 1 Nme(s): Address: City: Phone: E-Mil Mr - o-.k Lf3 JJ-C) Crs SwA t Jo 1A tv iook Stte & Zip Code: c4 102-tQ Fx: Folige Owner 2 Nme(s): Address: - City: C; Phone: E-Mil Stte & Zip Code: C Plese ttch dditionl sheets for more folige owners C Meditor (Neutrl third prty tht fcilitted conflict resolution] Nme(s): Address: City: Phone: Fx: E-Mil Stte & Zip Code: C 46

35 C. C View Restortion Permit Appliction C D Description of: 1) view tht is being obstructed nd specify the prticulr re of your property/home where the view cn be seen; 2) restortion ctions you seek with regrd to ech Folige Owner (trimming, removl, etc.) o 4e.. fij01cj k Qt -4 x4-. E For ech folige owner, indicte the type nd pproximte height of folige ffecting the view. C 0 Folige Owner 1 Nme: r. o-..pl. Mts. i)o Address: c..( Subject folige is on identified Folige Owner(s) property Folige is bove the Sfe Hrbor Plne exemption Folige Owner(s) property is within 500 of View Owner s property The following is summry of informtion provided in the Tree Survey 4ee. Folige Type Height (pproximte mesuredfrom the Dimeter bse_of the_tree) C C 47

36 iew Owner s Signture & Dte Trousdle View Restortion Ordinnce. I m the property owner or uthorized gent of the subject property. I hereby declre (ffirm) tht the foregoing sttements, fcts, nd ttched plns nd form. I hve completed the Initil Neighbor Outrech & Medition Steps s required by the F I hereby certify tht I hve red the View Restortion Guidelines nd understnd ll sttements on this bse of the ttee) D Q [J Address: Nme: folige Owner2 View Restortion Permit Appliction C C mterils re true nd correct. -- Plese ttch dditionl sheets for more folige owners Folige Type Height (pproximt. mesuredfrom the Dimeter Folige Owner(s) property Is within 500 of View Owner s property Folige is bove the Ste Hrbor Plne exemption Subject folige is on identified Folige Owner(s) property (If pplicble) Authorized Agent s Signture & Dte 48

37 0 C View Restortion Permit Appliction C C Nme: Address: Folige Owner 2 Subject folige is on identified Folige Owner(s) property El Folige is bove the Sfe Hrbor Plne exemption Folige Owner(s) property is within 500 of View Owner s property Folige Type Height (pproximte mesuredfrom the Dimeter bse_of the_tree) Plese ttch dditionl sheets for more folige owners 0 F I hereby certify tht I hve red the View Restortion Guidelines nd understnd ll sttements on this form. I hve completed the Initil Neighbor Outrech & Medition Steps s required by the Irousdle View Restortion Ordinnce. I m the property owner or uthorized gent of the subject property. I hereby declre (ffirm) tht the foregoing sttements, fcts, nd ttched plns nd mterils re true nd correct. C View Owner s Signture & Dte (If pplicble) Dte C C 49

38 C, View Restortion Permit Appliction I- C (for office use only) Dte received by City: City employee who entered informtion in computer permit system: Appliction fee pid: C. C C C 50

39 ,. A 51 PROPERT LINE. LINE DABNE! FLATPADAD QPROPERT LINE O. 430 DABNEYLN. PROPERT LINE.. PROPERT LINE.. LOMA VISTA DR LOMIAP,. CHRIS PLACE 410 CHRIS PLACE FOLIAGE F- PROPERTY LINES SAFE HARBOR PLANE EXHIBIT f FLAT PAD - TROUSDALE VIEW PRESERVATION LEGEND (c C

40 C, C TROUSDALE VIEW PRESERVATION SAFE HARBOR PLANE EXHIBIT LEGENO FLAT PAD SAFE HARBOR AREA 1400 L0MA VISTA DR. LOMA VISTA 410 CHRIS PLACE CHRIS PLACE 430 DABNEY IN. FLAT PAD >ABNEYLN. I. 4 - SAFE HARBOR AREA NFOIIA.GE,IGE WITHIN THIS AREA WOULD BE EXEMPT 52

41 _410 Chris Plce PL# SAFE HARBOR PLANE EXHIBIT TROUSDALE VIEW PRESERVATION VIEW O - :PROPERT LINE I I I FOLIAGE WITHIN THIS AREA EXEMPT I PLACE 410 CHRIS LOMA VISTA DR * DABNE IN. I * * I I I I 6 Trousdle View Restortion 12/8/15 53 I 430 DABNEY IN. DR.: PROPERT LINE PROPERT LINE: I L1 -PROPERT LINE PROPERT LINE (.1

42 0 TROUSDALE VIEW PRESERVATION SAFE HARBOR PLANE EXHIBIT PROPERT LINE. PROPERT LINE PROPERT LINE S S S S PROPERT LINE I :PROPERT LINE S (VIEW OWNER) S S S * S * S S * : (FOLIAGE OWNER) : if? ABOVE ROOF 430 DABêY LN L0MA S 410 CHRIS PLACE P CHRIS PLACE S 54

43 CREST CLIENT Neighboring Property Owner (N Mrch 3 1St, 2014 Beverly Hills, CA Chris Plce Phone Number Los Angeles, CA Wilshire Blvd, Suit # 1510 CREST Pris Nejd I Project Coordintor Sincerely, (310) Thnk you for your time. We would like to propose meeting or phone cll to discuss this issue further. We cn be reched t (View of Los Angeles Are Bsin) C Protectble View PROPERTY LINE One foot bove height of roof s mesured from grde t Edge of Principl Building Are 143+Folige Owners PROPERTY LINE View Owner Folig, within this re would be exempt Prepred by the Community Development Deprtment REAL ESTATE 55 Edge of level pd Sfe Hrbor Are the edge of the level pd t 410 Chris Plce. Plese find below digrm illustrting the sfe hrbor re. Alterntively, the tree could be entirely removed should you choose to do so. meets the code mndted Sfe Hrbor Are of 1 foot bove your existing roof height s mesured for We propose, t our client s expense, to trim your trees t the estimted mount of $600 per tree until it your property. Per Beverly Hills Municipl Code Section , we re writing to pursue remedy Our firm represents the property owner of 410 Chris Plce, which hs view disrupted by folige on to this sitution. Der property owner of 430 Dbney Lne: Beverly Hills, CA Dbney Lne ci

44 m cr ir U, IIi I I Ii1 hfti r=: : tpi.iiir*tirj11lj1j.awa!t1 Jil,TEIf] : S I For delivery informtion visit our website t EEfJYFLFCj ei A L U Postge $ Certified Fee m Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Totl Postge & Fees $ cm m rr Sent To street, Apt. No.; orp0 Box No. City, Stte, ZIP+4 e t0z40 I 4 56

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46 C INITIAL NEIGHBOR OUTREACH AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BEVERLY HILLS) t M ) ss (NAME), under penlty of perjury stte: thton (DATE), I personlly cused Notice of Initil Neighbor Outrech to be miled to the owner of the property t (ADDRESS), s listed on the most current Los Angeles County Tx Assessors roll nd lso personlly cused Notice of Initil Neighbor Outrech to be miled to the occupnt of the property t (ADDRESS). I further certify tht (check box tht pplies): tw eceived no response to the notice from sid owner U I received response from sid owner who declined to negotite view clim pursunt to the Trousdle View Restortion Ordinnce Q I received response from sid owner who greed to negotite view clim pursunt to the Trousdle View Restortion Ordinnce but we were unble to rech greement. I certify under penlty of perjury tht the foregoing is true nd Dte 58

47 My 16th 2014 Beverly Hilts, CA ( C C Phone Number Wilshire Blvd7 Suit # 1510, Los Angeles, CA I REAL ESTATE CREST Pris Nejd I Project Coordintor Sincerely, Thnk you for your time. City of Beverly Hills mrnqgrth@,beverlyhills.org f (310) t (310) N. Rexford Drive Principl Plnner Beverly Hills, CA Michele McGrth Plese contct Beverly Hilts Principl Plnner Michele McGrth to discuss this issue further: them in order to move forwrd with finding solution to this mtter. However, since we hve not herd bck from you, the city of Beverly Hills is requesting you to contct Our firm represents the property owner of 410 Chris Plce, which hs view disrupted by folige on your property. On Mrch 31st 2014 we sent letter to pursue remedy to this sitution per Beverly Hills Municipl Code Section Der property owner of 430 Dbney Lne: Beverly Hilts, CA Dbney Lne Neighboring Property Owner 41 0 Chris Plce CREST CL1EN f 59

48 fl m m w m ]iir*ji I For delivery informtion.visit our.websitë t ww.usps.com 1P., PIELYIL 41 L Postge Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Totl Postge & Fees Sent To $ $0.49 $ $34;;- sokçq $0.JO\ StrneLAINO4S tasj-e ô1t Stte, Zt p > I - fr tll) CA; ,Th 60

49 C C English Customer Service USPS.,obllc RegIstetISIgnln USPS.COM U S PS Trckingc Customer Service) Hve questions? We re here to help. Get Esy Trcking Updtes Sign up for My USPS. Trcking Number: Your item ws undeliverble s ddressed t 3:37 pm on June 19, 2014 in ATLANTA, GA It is being returned if pproprite informtion is vilble. Product & Trcking Informtion Avilble Actions Postl Product: FirstCIss Mil Fetures: Certified MilTM DATE & TIME STATUS OF ITEM LOCATION Undeliverble s June 19, 2014, 3:37 pm ATLANTA, GA Addressed Your item ws undeliverble s ddressed t 3:37 pm on June 19, 2014 in ATLANTA, GA It is being returned if pproprite informtion is vilble June 19, 2014, 10:36 m Arrived t Unit ATLANTA, GA June 9, 2014, 3.51 pm Deprted USPS Fcility June 6, 2074, 7:24 m Arrived t USPS Fcility CITY OF INDUSTRY, CA CITY OF INDUSTRY, CA Unclimed!Mx Hold Time June 5, 2014, 1:45 pm BEVERLY HILLS, CA Expired My 17, 2014, 3.56 pm Notice Left (No Authorized Recipient Avilble) BEVERLY HILLS, CA My 17, 2014, 2:24 m Deprted USPS Fcility LOS ANGELES, CA My 16, :27 pm Arrived t USPS Fcility LOS ANGELES, CA My 16, 2074, 3:56 pm Deprted Post Office My 16, 2014, 328 pm Acceptnce WEST HOLLYWOOD, CA WEST HOLLYWOOD. CA Trck Another Pckge Trcking (or receipt) number Trck It Mnge Incoming Pckges Trck ll your pckges trom dshbord No trcking numbers necessry Sign up for My USPS 61

50 Beverly Hills, CA Dbney Lne To: Myr nd Seed Nourmnd September 17, 2014 C 1 RE: Trimming of trees on site tht re noncompifnt with code. We pprove of the trimming/removl of trees in violtion of the Ordinnce. We do not pprove nd prohibit the trimming/removl of ny trees. to be trimmed. Plese check one of the following options: This letter is intended to get finl nswer s to whether you will llow for the trees with n ttempt to resolve the mtter privtely. If n greement is not reched, method for doing so. The Ordinnce provides different mesures to protect view owners. This begins Essentilly, the City wnts people to mintin their views nd hs incorported medition will occur. If the folige owner does not prticipte in medition, forml ppliction will be filed with the City of Beverly Hills nd hering will be held. Section of the Ordinnce defines view owners nd folige owners. Your or no nswer s to whether or not you will llow for the trees to be trimmed. As of view owner. The Ordinnce encourges view owners who hve views disrupted by tody, September 17, 2014, we hve not received ny cler nswer. folige owners to come to privte greement. We hve ttempted to get cler yes ( property is deemed s folige owner in the mtter t hnd, nd 410 Chris Plce is you. The lrgest of the trees is ctully in dngerous condition nd cretes hve lndscpe rchitect who is redy to trim the trees in question t no cost to Lne. As we hve indicted in prior communictions, certin trees on your property regrding the potentil of trimming trees on your property locted t 430 Dbney potentil libility for you. re in violtion of the Trousdle View Restortion Ordinnce (the Oridnce). We The owners of 410 Chris Plce, your neighbors, hve mde efforts to contct you Der Mr. nd Mrs. Norumnd, Beverly Hills, CA Chris Plce From: Mr. Michel nd Ronnie Kssn C C 62

51 we will consider the request to be denied nd begin the forml process of medition. A response must be provided within 7 clendr dys from the dte of this letter, or ( 2 C Beverly Hills,CA Chris Plce Mr. Michel nd Ronnie Kssn Sincerely, further detil (310) Plese contct Thoms DuMry Ill, Esq. of Crest Rel Estte to discuss this mtter in c C 63

52 c C October 2, 2014 Tree Removl Agreement To: Myr nd Seed Nourmnd 430 Dbney Lne Beverly Hills, CA From: Mr. Michel nd Ronnie Kssn 410 Chris Plce Beverly Hills, CA Der Mr. nd Mrs. Nourmnd, This greement is to confirm tht you gree to the removl of trees t your property locted t 430 Dbney Lne. The following conditions will pply upon the pprovl of this greement: The totl price for removl of trees is quoted t $21,375 (see ttched proposl). Tree removl will begin no lter thn October 8, 2014 t 9:00m PST. Michel Kssn grees to py $5,000 prior to the strt dte nd the remining blnce of $16,375 upon the completion of tree removl. The person(s) or entity responsible for tree removl must be properly insured to perform the ctivity. Plese check one of the following options nd sign your nme next to the option selected: I pprove of the bove conditions. I do not pprove of the bove conditions. A response must be provided within 5 clendr dys from the dte of this letter or we will consider the request to be denied. Send the signed Agreement to the Kssn s home ddress: 410 Chris Plce, Beverly Hills, CA Plese contct Michel Kssn to discuss this mtter in further detil (310) Sincerely, C Mr. Michel nd Ronnie Kssn 410 Chris Plce Beverly Hills,CA (310)

53 430 Dbney Lne (Tree Removl & Trimming) I 430 Dbney Lne Iz 1240 Lom Vist (AlredyTrimmed) 430 Dbney Lne 3 65

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57 FORF.s*GREFN TREE SERVICE 814 S. Fit Ave. #01 Inglewood, CA (310) Lic. # Certified Arborist #WE-8932A Estimte Dte Estimte No. 09i25/ Nme/Address Nourrnnds 430 Dbney Ln. Beverly Hills, CA Project I Item Description Totl BACKYARD 2 1 GREVILLEA RUBUSA REMOVED WITH STUMP. Removl 5, Removl 1 2 ELM TREES REMOVED TO GROUND LEVEL. 2, Tree Pruning 3 BAMBOO HEIGHT REDUCED. 1, FRONT YARD Removl 7 LARGE PINE ON CORNER OF LOMA VISTA AND DAPNEY REMOVED 4, TO GROUND LEVEL. Tree Pruning 5 & 6 2 PINES HEIGHT REDUCED & THINNED OUT. (NEXT TO LARGE PINE 2, THAT IS TO BE REMOVED) Tree Pruning 4 7 PINE EAST SIDE OF YARD HEIGHT REDUCED Removl 4 1 GREVILLEA EAST SIDE OF YARD REMOVED Instlltion 5 24 BOX CITRUS TREES TO REPL.ACE GREVILLEA TREE (BACK $415 ech Instlltion Lbor for 5 24 box deliverd & instlled. 1, Once estimte is pproved, plese sign & fx bck to Totl $21, Signture Dte 69

58 I I CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificte holder is n ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms nd conditions of the policy, certin policies my require n endorsement. A sttement on this certificte does not confer rights to the certificte holder in lieu of such endorsement(s). PRODUCER CONTACT NAME Joshu C Butist Sierr Pcific Insurnce PHONE FAX Services, Inc. (NC. No. Ext): I talc, No): P0 Box ADDRESS Jccsierrpcificgency.com Cotti, CA Josh Butist INSURER(S) AFFORDING COVERAGE NAIC # INSURED Forest Green Tree Service, Inc INSURER B: 814 S.Fir Ave Inglewood, CA INSURER C: INSURER D: INSURERA:M5 Underwriters Specilty In INSURER E: INSURER F: FORES-1 OP ID: JC DATE (MMIDDIYYYY) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iiix ADDL SUBR POLICY EFF POLICY EXP LTR TYPEOFINSURANCE iri POLICYNUMBER IMMIDD!YYYYI tmmiddiyyyy1 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I,000,00C CLAIMS-MADE OCCUR TBD DAMAGE TO RENTED PREMISES (Eoccurrence) $ 100,0CC MED EXP (Any one person) $ 5CC PERSONAL&ADVINJURY $ 1,000,00C GEN L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00( POLICY LOC PRODUCTS - COMP/OP AGG $ 2,000,00( AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (E ccident) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED II SCHEDULED AUTOS AUTOS BODILY INJURY (Per ccident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS $ AUTOS (Perccident) R UMBRELLA LIAB LJ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION I PER I I 0TH- AND EMPLOYERS LIABILITY I_STATUTE_I I_ER Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE I EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? Li N I A (Mndtory in NH) EL. DISEASE - EA EMPLOYEE $ If yes describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additionl Remrks Schedule, my be ttched if more spce is required) ***proof of insurnce only CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ***proof of insurnce only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTA - Josh Butist ACORD 25 ( ) The ACORD nme nd logo re registered mrks of ACORD ëORBORPORATlON. All rights reserved. 70

59 Beverly Hills, CA Chris Plce Michel Kssen View Owner s Nme nd Address py this cost to cover the work nd mterils required to effect the remedy identified bove. hedges. In the front yrd I m writing pursunt to the City of Beverly Hills Trousdle View Restortion Ordinnce which I m seeking the following remedy to restore my view: In the rer yrd - shpe I believe good fith estimte of the cost for this remedy is $1 5,000 nd I m mking n offer to smll pine tree in front of it. smll pine tree over drivewy; remove the silk tree nd shpe next to pool; remove elm trees growing on hillside to ground level; shpe nd even bmboo Remove the lrge tree hnging over the drivewy, the silk tree in the front yrd nd the pine tree in front of it. tree by the pool, the elm trees on hillside, the bmboo hedges in the bckyrd; the pine tree of the folige is displyed in the photos. Specificlly, the folige blocking the view is: the lrge The folige on your property tht is blocking the view is lbeled in the ttched photo rry. All disrupted by folige growing on your property. My client hs view of the Los Angeles re bsin tht I believe hs been substntilly You my lso cll Beverly Hills Principl Plnner, Michele McGrth t If you hve questions bout this ordinnce, you my cll City plnning stff t I vilble for viewing on the City s website t The specific code section Trousdle View Restortion Ordinnce is codified in the Beverly Hills Municipl Code which is developed guidelines for the ordinnce tht my be ccessed t the following link: re bsin tht my be substntilly disrupted by folige on neighbor s property. The p/iwww.beveyhlllsorgibusiness/constructionlnduse/pçjectreview/trousdleviewrestortion ssists property owners in Trousdle Esttes to restore nd mintin views of the Los Angeles ddressed by this letter is , Trousdfe View Restortion. In ddition, the City hs Der Mr. nd Mrs. Nourmnd, Subject: Request to Address View Blocked by Folige Beverly Hills, CA Dbney Lne Mr. nd Mrs. Seed Nourmnd Jnury 30, 2015 Initil Neighbor Outrech Notice C C 71

60 Pge 2 of 2 C C. I m offering to meet with you, t time convenient for ech of us, to discuss this mtter nd to ttempt to rech solution tht is cceptble to ech of us. Michel Kssn cn be reched t (310) , or (310) , or t my home ddress, or by emil t Michekmedi]ink.com to discuss this request. You my lso contct Json Somers, who cn be reched t (310) or Json1crestrelestte.com. Thnk you for tking the time to red this letter. The City requires Trousdle property owner interested in pursuing the City s Trousdle View Restortion process to send this tetter to neighbors who own folige tht my be blocking the property owner s view. This requirement is intended to provide informtion to folige owners bout the City s Trousdle View Restortion Ordinnce nd to fcilitte dilogue between neighbors with the gol of ssisting neighbors to resolve issues mong themselves. Plese understnd tht coopertion mong neighbors t this erly stge in the process wilt result in quicker nd less costly process for ll Trousdle residents s the City implements the Ordinnce to restore nd mintin views in Trousdle Esttes. I look forwrd to working with you to resolve these issues. Regrds, Json Somers, C Representing - Michel Kssen C 72

61 C 0 Ic m J.S. Pàstl Service CERTIFIED MAIL RECEIPT Domestic Mil Only For delivery informtion, visit our website t 0 U.S. Postl Service CERTIFIED MAIL RECEIPT Domestic Mil Only For delivery informtion visit our website t www usps corn Poetg.$ 1 ID ID ID LOFCAL USFS I d $ Certfled Fee Retin Receipt (Endorsement Required) RestrIcted Delivety Fee (Endom.m.nt RequIred) _Th Postme,k H I cc 1- QL opoboxno. A-?] t F(Li iv. t&) PS Forni 3800, ]i,l 2014 U.S. Postl Service CERTIFIED MAIL RECEIPT Domestic Mil Only S c Reverse tr Ins uctioi 0 ID ID Certified Fe. Return Receipt Fee oi?ooo007385_4 j Totl Postge & Feee zr s-- PS Form 3800, July 2014 See Reverse or instructions, U r - E_ocL 1u] Itflt 10 L_i.r ImePLN0.. Postge cerufied Fee Return Receipt Fee (Endorsement Required) (ety lbteipostsg.&fees $ GIty Stt, Z1P44 ç tte4 Poimtwk Here i1jrs PS Frm 3800, July 20 ti See Reverse for ltstttji:ji 73

62 C 0 Trcking Number: Delivered (Th Product & Trcking Informtion Avilble Actions Postl Product Fetures: Certified MiI DATE & TIME STATUS OF ITEM LOCATION Februry 20,2015,10:36 m Delivered LOS ANGELES, CA Your trn ws deivred t 10:36 m on Februry n LOS ANGF!.ES, C P2S. Februry2O,2015, 1:44m Februry ,9:12 pm Deprted LISPS Fcility Arrived t LISPS FcUlty LOS ANGELES, CA LOS ANGELES. CA

63 Trcking Number: Product & Trcking Informtion Delivered Avilble Actions Postl Product: First-Clss Mfl Fetures: Certified Mil DATE&TIME Februry 5, 2015, 3:50 pm STATUS OF ITEM Delivered F1OCA non BEVERLY HILLS, CA rour tu; tuu- cteivred t 3.50 pmon Fjur 5..i15 n BEVLRLY i-blls, CA Februry 2, :26 m Deprted USPS Origin Fcility LOS ANGELES, CA Sm Jnury 30, :07 pm Arrived t USPS Origin Fcility LOS ANGELES, CA Jnury 30, 2015, 3:25 pm Acceptnce LOS ANGELES, CA

64 C C Medition C C _410 Chris Plce PL# Trousdle View Restortion 12/8/15 76

65 C C View Owner s Nme nd Address Michel Kssen 410 Chris Plce Beverly Hills, CA My 11,2015 Mr. nd Mrs. Seed Nourmnd 430 Dbney Lne Beverly Hills, CA Subject: Request for Medition to Address View Blcked by Foilge Der Mr. nd Mrs. Nourmnd, I wrote to you previously pursunt to the City of Beverly Hills Trousdle View Restortion Ordinnce, which ssists property owners in Trousdle Esttes to restore nd mintin views of the Los Angeles re bsin tht my be substntilly disrupted by folige on neighbor s property. The Trousdle View Restortion Ordinnce is codified in the Beverly Hills Municipl Code which is vilble for viewing on the City s website t The specific code section ddressed by this letter is Trousdle View Restortion. If you hve questions bout this ordinnce, you my cll City stff t You my lso cll Beverly Hills Principl Plnner, Michele McGrth t My client hs view of the Los Angeles re bsin tht I disrupted by folige growing on your property. believe hs been substntilly The folige on your property tht is blocking the view is lbeled in the ttched photo rry. All of the folige is displyed in the photos. Specificlly, the folige blocking the view is: the lrge tree by the pool, the elm trees on hillside, the bmboo hedges in the bckyrd; the pine tree hnging over the drivewy, the silk tree in the front yrd nd the pine tree in front of it. I m seeking the following remedy to restore my view: In the rer yrd - Remove the lrge tree next to pool; remove elm trees growing on hillside to ground level; shpe nd even bmboo hedges. In the front yrd shpe smll pine tree over drivewy; remove the silk tree nd shpe smll pine tree in front of it. 1 believe good fith estimte of the cost for this remedy is $15,000 nd I m mking n offer to py this cost to cover the work nd mterils required to ffect the remedy identified bove. ( This letter follows up on my previous letter nd, pursunt to the Trousdle View Restortion requirements, I m now offering medition process to resolve this mtter. I would like to meet with you, t time convenient for ech of us, nd with third prty, professionl meditor cceptble to ech of us, to discuss this mtter nd ttempt to rech solution. Michel Kssn cn be reched t (310) , or (310) , or t my home ddress, or by emil t 77

66 The meditor usully visits ech property owner s property s prt of the medition process. As regultions. the View Owner, I will py the cost of the medition s required by the City s View Restortion Pge2of2 ( ( C Michel Kssen Representing - Json Somers, Regrds, I look forwrd to working with you to resolve these issues. the process will result in quicker nd less costly process for ll Trousdle residents s the City fcilitte dilogue between neighbors with the gol of ssisting neighbors to resolve issues my be blocking the property owner s view. These requirement re intended to provide informtion to folige owners bout the City s Trousdle View Restortion Ordinnce nd to interested in pursuing the City s Trousdte View Restortion process to send the Initil Neighbor Outrech letter nd to follow up with this Medition Notice to neighbors who own folige tht Thnk you for tking the time to red this letter. The City requires Trousdle property owner mong themselves. Plese understnd tht coopertion mong neighbors t this erly stge in implements the Ordinnce to restore nd mintin views in Trousdle Esttes. to Michel@medilink.com set up the medition. You my lso contct Json Somers, who cn be reched t (310) or Json@crestrelestte.com. 78

67 Trcking Number: Product & Trcking Informtion Postl Product: Fetures: Certified Mil DATE & TIME June 16,2015,10:39m STATUS OF nem Arrived t USPS Fculty LOCATION LOS ANGELES, CA Your item rrived t our USPSfcility in LOS ANGELES, CA 9005?. on June 16, 2015.t 10:39 m. The item is currently in trnsit to the. destintion..l. IL% V.t S l*wi June :41 pm Deprted USPS Fcility CITY OF INDUSTRY, CA sj June , 12:44 pm Arrived t USPS Fcility CITY OF INDUSTRY, CA June :54 pm Unclimed BEVERLY HiLLS, CA My 13, 2015, 12:02 pm My 12, 2015, 8:38 m My 11,2015,8:55 pm Notice Lefl (No Authorized Recipient Avilble) Deprted USPS Fcility Arrived t USPS Fcility BEVERLY HILLS. CA LOS ANGELES, CA LOS ANGELES, CA U 79

68 C MEDIATION AFFIDAVIT ( STATE OF CALIFORNiA ) COUNTY OF LOSANGELES ) ss CITY OF BEVERLY HILLS) tloii.ø., i1m.7 (NAME), under penlty of perjury stte: tht on fi1-7 (DATE), I personlly cused Notice of Medition to be mlted to the owner of the property t I 3 C eii-, t4,, c% tocto (ADDRESS), s listed on the most current Los Angeles County Tx Assessor s toll nd lso personlly cused Notice of Medition to be miled to the occupnt of the property t e%i_1 C (30 t o ca- ic (ADDRESS). I further certify tht (check box tht pplies): i ceived no response to the notice from sid owner I received response from sid owner who declined to negotite view clim pursunt to the Trousdle View Restortion Ordinnce LI I received response from sid owner who greed to negotite view clim pursunt to the Trousdle View Restortion Ordinnce but we were unble to rech greement. I certify under penlty of perjury tht the foregoing is true nd correct. Signed C Dte ttt 80

69 P.O. BOX 58 REOONDO BEACH, CA (310) (310) FAX CHOICE MEDIATiON CHoIcEMEDIATloNIYAHoo.coM Choice Medition Regrds, 410 Chris Plces Beverly Hills CA nd Seed Nourmnd regrding property 430 privte greement ws not reched. Dbney Lne, Beverly Hills CA ctively prticipted in the medition process. A Plese ccept this letter s verifiction tht Michel Kssen regrding property Plnning Commissioners, ( I 1 81

70 clls C Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment D 30-Dy Public Notice to Folige Owner 82

71 BEVER LY \\HILLS/ Der Mr. Nourmnd (430 Dbney Lne ( folige owner )): I m writing pursunt to the City of Beverly Hills Trousdle View Restortion Ordinnce which ssists property owners in Trousdle Esttes in restoring nd mintining views of the Los Angeles re bsin tht my be substntilly disrupted by folige on neighbor s property. The neighboring property owner t 410 Chris Plce ( pplicnt nd view owner ) hs ttempted the following remedies to ddress the folige on your property tht is blocking his views: 1. Initil Neighbor Outrech: A written request ws sent to you vi certified mil on April 10, Additionl notices were miled on My 16, 2014, September 14, 2014, October 2, 2014, nd Jnury 30, 2015; 2. Medition with Coleen Berg of Choice Medition: Medition ws ttempted between you nd the view owner in 2016, but n greement ws not reched. After exhustion of the forementioned View Restortion procedures required prior to public hering (ccprehering steps ), the view owner is moving forwrd with the View Restortion Permit ppliction tht ws ified in December 2015 for the Plnning Commission to review his request for the complete removl of eight trees locted on your property t 430 Dbney Lne. Plese be dvised tht if the Plnning Commission finds tht restortive ction is requked the Commission my mndte the removl of sid trees t your expense. The Plnning Commission of the City of Beverly Hills, t its REGULAR meeting on Thursdy, September 14,2017, will hold public hering beginning t 1:30 PM, or s soon therefter s the mtter my be herd to consider the View Restortion request from your neighbor t 410 Chris Plce for the complete removl of eight trees on your property locted t 430 Dbney Lne. Meeting informtion is s follows: DATE: September 14, 2017 TIME: 1:30 PM, or s soon therefter s the mtter mybe herd LOCATION: Commission Meeting Room 280A Beverly Hills City Hll 455 North Rexford Drive, Beverly Hills, CA City of Beverly Hifis 455 N. Redord Drive Beverly Hills, Cliforni 90210? (310) f (310) BeverlyHffls.org 83

72 The View Restortion Permit is being requested pursunt to Beverly Hifis Municipl Code : View Restortion Permit: After exhustion of the prehering steps set forth in section of this chpter, nd upon ppliction by view owner in form stisfctory to the director of plnning nd community development, the reviewing uthority my issue view restortion permit to view owner with protectble view s defined in this rticle where the protectble view from viewing re is substntilly disrupted by folige s defined in this rticle nd the reviewing uthority mkes ll of the fmdings s set forth in this section. If there re ny questions regrding this letter or the submitted ppliction, plese contct Cynthi de l Torre, Assistnt Plnner in the Plnning Division t (310) , or by emil t cdeltorre@beverlyhills.org. Sincerely: Cjthi de l Torre, Asssjnt Plnner Miled: August 14,

73 Der resident (430 Dbney Lne ( folige owner )): I m writing pursunt to the City of Beverly Hifis Trousdle View Restortion Ordinnce which ssists property owners in Trousdle Esttes in restoring nd mintining views of the Los Angeles re bsin tht my be substntilly disrupted by folige on neighbor s property. The neighboring property owner t 410 Chris Plce ( pplicnt nd view owner ) hs ttempted the following remedies to ddress the folige on your property tht is blocking his views: 1. Initil Neighbor Outrech: A written request ws sent to you vi certified mil on April 10, Additionl notices were miled on My 16, 2014, September 14, 2014, October 2, 2014, nd Jnury 30, 2015; 2. Medition with Coleen Berg of Choice Medition: Medition ws ttempted between you nd the view owner in 2016, but n greement ws not reched. After exhustion of the forementioned View Restortion procedures required prior to public hering ( prehering steps ), the view owner is moving forwrd with the View Restortion Permit ppliction tht ws filed in December 2015 for the Plnning Commission to review his request for the complete removl of eight trees locted on your property t 430 Dbney Lne. Plese be dvised tht if the Plnning Commission finds tht restortive ction is required. the Commission my mndte the removl of sid trees t your expense. The Plnning Commission of the City of Beverly Hifis, t its REGULAR meeting on Thursdy, September 14, 2017, will hold public hering beginning t 1:30 PM, or s soon therefter s the mtter my be herd to consider the View Restortion request from your neighbor t 410 Chris Plce for the complete removl of eight trees on your property locted t 430 Dbney Lne. Meeting informtion is s follows: DATE: September 14, 2017 TIME: 1:30 PM, or s soon therefter s the mtter my be herd LOCATION: Commission Meeting Room 280A Beverly Hifis City Hll 455 North Rexford Drive, Beverly Hifis, CA City of Beverly Hills 455 N. Rexford Drive Beverly Hills, Cliforni 90210p (310) f(310) BeverlyHffls.org 85

74 The View Restortion Permit is being requested pursunt to Beverly Hills Municipl Code : View Restortion Permit: After exhustion of the prehering steps set forth in section of this chpter, nd upon ppliction by view owner in form stisfctory to the director of plnning nd community development, the reviewing uthority my issue view restortion permit to view owner with protectble view s defined in this rticle where the protectble view from viewing re is substntilly disrupted by 1folige s defined in this rticle nd the reviewing uthority mkes ll of the findings s set forth in this section. If there re ny questions regrding this letter or the submitted ppliction, plese contct Cynthi de l Torre, Assistnt Plnner in the Plnning Division t (310) , or by emil t cdeltorre@beverlyhifls.org. Sincerely: Cy1iii de l Torre, Assis t Plnner Miled: August 14,

75 Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment E Arborist Report Submitted by the Folige Owner 87

76 TheTree Resource Lis Smith, Registered Consulting Arborist #464 November 28, 2016 Seed Nourmnd 430 Dbney Lne Beverly Hills, CA Der Mr. Nourmnd, This letter is in regrds to your property t 430 Dbney Lne, nd the trees on your property tht re obstructing neighbor s view of the Los Angeles Bsin. The purpose of this report is to identify nd document the trees tht you hve greed to remove from your property per the Trousdle View Restortion Ordinnce. SITE HISTORY & SUMMARY The subject property is locted in the Trousdle Esttes re of Beverly Hills, which ws initilly developed to optimize the views of the Los Angeles Bsin. As Trousdle hs mtured, select res of the tree cnopy hve impeded some of the views tht were the originl intent of the community. In response, the Trousdle View Restortion Ordinnce ws creted in 2011 to ddress the issue of views tht hve been impired by folige growing on neighbor s property in Trousdle Esttes. In ccordnce with this ordinnce, I understnd you hve greed to remove seven (7) trees from your property tht re obstructing neighbor s view of the Los Angeles Bsin. TREE CHARACTERISTICS AND SITE CONDITIONS The subject property is locted on the corner of Lom Vist Drive nd Dbney Lne, with wide circulr drivewy nd front entrnce oriented towrds Dbney Lne. There re three (3) trees in the rer yrd of the property requested for removl nd four (4) trees in the front setbck of the property. These four (4) trees re Aleppo Pine (Pinus htepensis) trees, ech with trunk circumference of over 48 inches. Due to the trunk size of these trees nd their loction in the front setbck of the property, they re considered Protected Heritge trees by the City of Beverly Hills. 88

77 Poor Tree Loction Mp. Trees #4, 5, 6, 7, nd 9 re Heritge Trees in the front setbck of the residence. Tree #8 is less thn 48 in trunk circumference nd is not Heritge size. Trees #1, 2, nd 3 re locted in the rer yrd of the property nd re not Protected by the City of Beverly Hills. Summry of Field Inspection Tree Loction Species Sttus DBH Circ. Retin or Condition ( ) f ) Remove I Bckyrd Chinese Elm Ulmus prvifoli Nonprotected 20@2 63 Poor Remove 2 Bckyrd Silk Ok Greville robust Nonprotected Fir Remove 3 Bckyrd Silk Ok Gteville robust Nonprotected Fir Remove Front Setbck Aleppo Pine Pinus hlepensis Heritge Fir Remove Front Setbck Aleppo Pine Pinus hlepensis Heritge Fir Remove 6 Front Setbck Aleppo Pine Pinus hlepensis Heritge Fir Remove Front Setbck Aleppo Pine Pinus hlepensis Heritge Fir - Remove 8 Front Brzilin Pepper Non- Setbck Schinus terebinthifolius protected Fir Retin Front Setbck Brzilin Pepper Schinus terebinthifolius Heritge Fir Retin 2 89

78 SUBJECT TREES The property is in the jurisdiction of the City of Beverly Hills nd guided by the Regultion of Trees on Privte Property BHMC (Ordinnce No ). This Ordinnce defines Protected Trees s Heritge size trees, Ntive trees, or Urbn Groves in the front setbck of the property Chinese Elm #1 nd Silk Oks #2 nd #3 do not fll into ny of the three ctegories of Protected Trees re not considered Protected by the City of Beverly Hills. These trees re recommended for removl due to view obstruction. There re two (2) Brzilin pepper trees (#8 nd #9) in the front set bck of the property tht hve been documented for the purpose of this report but re not obstructing your neighbor s view nd will be retined. Aleppo pines #4, #5, #6, nd #7 re Heritge size trees in the front set bck of the property. This collection of trees is obstructing your neighbor s view. Unfortuntely, due to their individul species chrcteristics, these trees re not pproprite cndidtes for pruning techniques, like crown reduction, necessry to restore the View Owner s Protectble View. These trees re recommended for removl. Meppo Pine (Pinus hlepensis) The four (4) Aleppo Pines in the front setbck of the property re Hertitge size nd re considered Protected by the City of Beverly Hills. The Aleppo Pine is one of severl pine species prevlent in the Los Angeles re. The City of Beverly Hills now considers pines in generl to be Nuisnce Trees per the Lndscpe Stndrds for Trousdle Esttes published under the Trousdle View Restortion Ordinnce in 2011 nd does not llow new pines to be instlled in the Trousdle Esttes re. The four (4) subject Heritge Aleppo Pines re pproximtely forty-five feet (45 ) tll. The structure of the cnopy does not show stisfctory. loctions for pruning the tree bck to dedicted height one foot (1 ) bove height of the Folige Owner s roof Due to the structure of these trees, there re no pruning options pproprite for mnging the height of these trees. nd these trees re recommended for removl nd replcement with more pproprite species with mximum height of 30 or under. Plese see the ttched Photo Appendix for photogrphs of the subject trees. 3 90

79 The ANALYSIS AND RECOMMENDATIONS The four (4) Protected Heritge 1Meppo pines in the front set bck nd three (3) Non-Protected trees in the rer yrd of this property re recommended for removl in complince with the Trousdle View Restortion Ordinnce. Though it is unfortunte to lose these trees, there re lso fctors tht mke this n excellent opportunity to remove nd replce them. Regrding the instlltion of new trees on this property, the lndscpe stndrds of Trousdle Esttes recommend the following criteri for new tree selection: Grow to mximum size tht would not likely result in disruption of view (mximum height of feet); Cn be esily nd repetedly pruned to mintin pproprite heights; Are pproprite to the climte nd wter conditions of Beverly Hills nd would not negtively impct to slope stbility. Approprite species for this re include Crpe Myrtle (Lgerstroemi indic), Western redbud (Certis octidenttis), or pinepple guv (Acc settowin). CONCLUSION The recommended restortive ction for this cse is to remove trees tht re too lrge nd overgrown to be successful cndidtes for crown reduction nd retention. Should you hve ny questions, plese contct me t (310) Respectfully submitted, Lis Smith Lis Smith Tree Resource Registered Consulting Arborist #464 ISA Certified Arborist #WE3782 ISA Tree Risk Assessor Qulified Member of Americn Society of Consulting Arborists 4 91

80 Assumptions nd Limiting Conditions No wrrnty is mde, expressed or implied, tht problems or deficiencies of the trees or the property will not occur in the future, from ny cuse. The Consultnt shll not be responsible for dmges or injuries cused by ny tree defects, nd ssumes no responsibility for the correction of defects or tree relted problems. The owner of the trees my choose to ccept or disregrd the recommendtions of the Consultnt, or seek dditionl dvice to determine if tree meets the owner s risk btement stndrds. The Consulting Arborist hs no pst, present or future interest in the removl or retining of ny tree. Opinions contined herein re the independent nd objective judgments of the consultnt relting to circumstnces nd observtions mde on the subject site. The recommendtions contined in this report re the opinions of the Consulting Arborist t the time of inspection. These opinions re bsed on the knowledge, experience, nd eduction of the Consultnt. The field inspection ws visul, grde level tree ssessment. The Consulting Arborist shll not be required to give testimony, perform site monitoring, provide further documenttion, be deposed, or to ttend ny meeting without subsequent contrctul rrngements for this dditionl employment, including pyment of dditionl fees for such services s described by the Consultnt. The Consultnt ssumes no responsibility for verifiction of ownership or loctions of property lines, or for results of ny ctions or recommendtions bsed on inccurte informtion. This Arbotist report my not be reproduced without the express permission of the Consulting Arborist nd the client to whom the report ws issued. Any chnge or ltertion to this report invlidtes the entire report. 5 92

81 The Tree Resource November 2016 APPENDIX - PHOTOGRAPHS PHOTO 1. The subject Aleppo Pines on the corner of the property t Dbney Lne. 430 Dbney Lne Photo Appendix 93

82 The Tree Resource November 2016 PHOTO 2. Shows Brzilin pepper trees #8 nd #9, which re in the front setbck of the property These trees re included in this report becuse of their loction in the front set bck of the property They re not blocking the neighboring view nd will not be removed. 430 Dbney Lne Photo Appendix 94

83 h The Tree Resource November 2016 PHOTO 2. Shows Silk ok #2 nd #3 nd Chinese elm #1 in the rer yrd of the property. 430 Dbney Lne Photo Appendix 95

84 çerly C Plnning Commission Report 410 Chris Plce September 14, 2017 Attchment F View Restortion Ordinnce 96

85 BO7S5-OOO914O3O57v6.doc to the meeting of November 15, 2011, for introduction. Evidence, both written nd orl, ws THE CITY COUNCIL OF THE CITY OF BEVERLY HILLS HEREBY A notice of intent to dopt negtive declrtion ws published on Jnury 3, 2011, nd the to this determintion re on file with the City s Community Development Deprtment, 455 N. ORDAiNS AS FOLLOWS: ORDINANCE NO ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING THE BEVERLY HILLS MUNICIPAL CODE TO ADOPT A VIEW RESTORATION PROGRAM FOR THE TROUSDALE ESTATES AREA OF THE CITY public hering on November 3, 2011, nd, t the conclusion of the hering, continued the mtter presented during the hering. Section 1. The City Council considered this Ordinnce t duly noticed Section 2. An initil study of the potentil environmentl impct of this ordinnce ws prepred. The initil study concluded tht the ordinnce would not result in significnt dverse environmentl impcts; thus negtive declrtion is the pproprite document to dopt in order to comply with the Cliforni Environmentl Qulity Act (CEQA). proposed negtive declrtion nd initil study were mde vilble for 20-dy public review period from Jnury 6, 2011, through Jnury 27, No public comments on the proposed negtive declrtion or initil study were submitted during the comment period. Bsed on the informtion in the records regrding this ordinnce, the City Council finds tht there is no evidence suggesting tht the ordinnce my result in significnt dverse impcts on the environment, nd hereby dopts the negtive declrtion for this ordinnce. The records relted Rexford Drive, Beverly Hills, Cliforni, The custodin of records is the Director of Community Development. 1 97

86 -2- Article 1. Trousdle Esttes View Restortion Chpter 8. VIEW RESTORATION. Beverly Hills Municipl Code (BHMC) regrding View Restortion s follows: Section 3. City Council hereby dds new Chpter $ to Title 10 to the 507$5-0009\ v6.doc 98 reference one or more owners of the sme property. upon which is locted folige tht is subject to n ction filed pursunt to this Article nd which property is within five hundred feet (500 ) of view owner s property. folige owner shll (E) FOLIAGE OWNER: An owner of rel property in Trousdle Esttes Code, re included in the definition of folige. plnts. Trees nd hedges, including hedges tht otherwise meet the stndrds of the Zoning (D) FOLIAGE: The ggregte of leves, brnches nd trunks of one or more grding, or excvting within the drip line of the free. ction my be tken by, but is not limited to, cutting, topping, girdling, poisoning, trenching, tree, or which plces the tree in hzrdous condition or n irreversible stte of decline. Such (C) DAMAGE: Any ction which my cuse deth or significnt injury to Director of Community Development or his/her designee, to view owner who requests such n opinion nd pys fee s set by the City Council. (B) CITY ADVISORY OPINION: A non-binding opinion rendered by the Society of Arboriculture (IsA), or n individul who is currently listed s Consulting Arborist by the Americn Society of Consulting Arborists (A$CA). (A) ARBORIST: An individul certified s n rborist by the Interntionl rticle shll govern the construction of this chpter: Unless the context otherwise requires, the definitions set forth in this DEFIMTION$. tht ny prticulr view or views would be restored or preserved. emphsis on erly neighbor resolution of view restortion issues. It is lso the intent of this ordinnce to educte residents to consider the potentil to block neighbors views before plnting folige nd in mintining folige. It is not the intent of this ordinnce to crete n expecttion cknowledging the importnce of trees nd vegettion in the City s n integrl prt of sustinble environment. It is the further intent to estblish process by which residentil property owners in Trousdle Esttes my seek to restore nd preserve certin views, with n trees, vegettion, or combintion thereof while providing for residentil privcy nd security; restore nd preserve certin views from substntil disruption by the growth of privtely owned mintining the grden qulity of the City; insuring the sfety nd stbility of the hillsides; nd, PURPOSE AND INTENT. The intent of this ordinnce is to

87 -3- (F) FORESTER: An individul licensed in Cliforni s Registered Professionl Forester (RPF). BHMC residence. (G) HEDGE: The term Hedge shll hve the sme mening s set forth in Angeles re bsin my include but is not limited to city lights (Beverly Hills nd other cities), B \ v6.doc 99 For purposes of this definition, downslope nd upsiope properties seprted by public street shll be deemed to be djcent. shll be the highest point of the roof of the primry structure. For the purposes of this definition, the height of the roof of the primry residentil structure excludes chimneys, stir or elevtor shfts, vent pipes, mechnicl equipment, prpets, rchitecturl fetures tht extend bove the primry roof elevtion, ntenne, nd other rooftop equipment. If the roof height vries, the height of the roof of the primry residentil structure lot, then the mximum height of fifteen (15) feet from grde shll pply. folige owner s principl building re tht is frthest from the edge of view owner s level pd locted in line of sight of protectble view. The points of the plne on folige owner s property shll be t height of one (1) foot bove the height of the roof of the primry residentil mesured from grde. (See illustrtion in Section ) If the downslope property is structure on folige owner s property, not to exceed mximum height of fifteen (15) feet s undeveloped, or if the upsiope property s view is over the drivewy or pole portion of flg view owner s level pd to points mesured from grde t the edge of n djcent downslope (N) SAFE HARBOR PLANE: A plne defined by points t the edge of (M) SAFE HARBOR AREA: The re below sfe hrbor plne. (L) RESTORATIVE ACTION: Any specific steps tken ffecting folige tht would result in the restortion or preservtion of protected view. (K) PROTECTED VIEW: A protectble view tht hs been determined by the reviewing uthority to merit restortion. point thirty-six inches (36 ) bove the finished grde of the viewing re. ocen, nd horizon. The term protectble view does not men n unobstructed pnorm of ll or ny of the bove. For purposes of this section, protectble view shll be determined from the Los Angeles re bsin from viewing re s defined in this section. The view of the Los (J) PROTECTABLE VIEW: A protectble view my include ny view of building on site zoned for residentil use nd used or occupied s privte one-fmily (I) PRIMARY RESIDENTIAL STRUCTURE: The min structure or Stte of Cliforni. (H) LANDSCAPE ARCHITECT: A lndscpe rchitect registered by the

88 B07$5-0009\ v6.doc feet, six inches (4-6 ) bove nturl grde; tree; to prevent future potentil view disruption; nd, -4- If folige owner does not grnt ccess to his/her property for the purpose of conducting s determined by Lndscpe Architect, Arborist, or Forester: (1) Species of ech tree, bsed on scientific nme, nd the (2) Tree identifying number nd loction recorded on mp; (3) Physicl mesurements of the tree such s height nd (4) Age of the tree; (6) Life expectncy nd suitbility for preservtion; (7) Potentil restortive ctions to ddress trees lleged to (8) Tree mngement recommendtions. (5) Report of overll helth nd structurl condition of the (0) TREE: A woody perennil plnt, consisting usully of single elongted of the primry residentil structure on folige owner s property. plne bove the folige owner s level pd t height of one (1) foot bove the height of the roof residentil structure on folige owner s property, then the sfe hrbor plne shll be defined s min stem or trunk nd mny brnches. (P) TREE SURVEY: A tree survey includes the following informtion for trees lleged to impir view nd ll trees within the vicinity of the lleged view-impiring trees common nme; circumference: (tree circumference shll be mesured on the primry trunk t height of four disrupt view, impct of such restortive ctions on trees, nd long-term mintennce ctivities Forester. The survey shll be signed or stmped by registered Lndscpe Architect, Arborist or tree survey, tree survey report shll be prepred with s much of the bove informtion s possible, using other informtion sources such s photogrphs tken from other properties, stellite photogrphs from commercilly vilble sources, public record permit informtion for (Q) VIEW OWNER: Any owner or owners of rel property in Trousdle work performed on folige owner s property, nd other similr informtion sources. Esttes tht hs protectble view nd who lleges tht the growth of folige locted on If view owner s level pd is less thn one (1) foot bove the height of the roof of the primry 100

89 B \ v64oc survey, of view owner s site nd folige owner s site tht my include clcultion of the sfe does not extend beyond the level pd. There my be one or more viewing res on property. The Reviewing Authority shll estblish the Viewing Are or Ares s prt of its fmding tht the -5- If ccess to the folige owner s property is necessry to complete the survey nd the folige ($) VIEW RESTORATION PROPERTY SURVEY: A survey property within five hundred feet (500 ) of their property is cusing substntil disruption of protectble view. View owner shll include one or more owners of the sme property. Guidelines for implementtion of the ordinnce prepred by the Community Development (R) VIEW RESTORATION GUIDELINES: Deprtment, dopted by the Plnning Commission, nd mde vilble to the public. completed by certified professionl, such s n ALTA (Americn Lnd Title Assocition) hrbor plne s defined in this Article nd ny other informtion or clcultions s my be of restortion property survey report shll be prepred using other informtion sources such s mesurements tken from other properties, photogrphs tken from other properties, stellite photogrphs from commercilly vilble sources, public record permit informtion for work performed on folige owner s property, nd other similr informtion sources. ssistnce to reviewing uthority pursunt to this section. owner does not grnt ccess to his/her property for the purpose of conducting the survey, view (T) VIEWING AREA: An re from which protectble view is ssessed, locted on the level pd tht contins the primry residentil structure. A viewing re shll be room of the primry residentil structure (excluding hllwys, lundry rooms, closets nd View Owner hs Protectble View. The Reviewing Authority my designte loction s grges), or ptio, deck or lndscped re djcent to the primry residentil structure tht Viewing Are if, in the opinion of the Reviewing Authority, n verge resident would often observe Protectble View from tht re. mintined in ccordnce with ll other requirements of this Code, including lndscpe mintennce stndrds EXEMPTION. The provisions of this rticle shll not pply to folige where the highest point of the folige is below sfe hrbor plne s defined in this Article. The exemption pplies to folige on folige owner s property. folige shll be 101

90 PROCEDURES. Except for violtions of Section , complints received by the City regrding folige blocking views in Trousdle Esttes shll be ddressed through the View Restortion Permit pre-ppliction procedures in this Article. The procedures in this Article will be ugmented by the View Restortion Guidelines. t if I Sfe Hrbor Are by ech folige owner shll be voluntry, but ech folige owner shll hve no more thn thirty (2) Agreement to prticipte in the Initil Neighbor Outrech (30) dys from service of written request to respond to the view owner, unless folige owner estimte of the cost of the remedy, nd n offer to py tht mount. representtive shll offer to meet with ech folige owner. The Initil Neighbor Outrech notifiction shll clerly identify the remedy sought by view owner nd include good fith City in the View Restortion Guidelines on file in the City, shll be signed by the view owner, nd shll include signed sttement from view owner tht view owner or the view owner s Initil Neighbor Outrech ). This Initil Neighbor Outrech shll be on form provided by the disruption of the view owner s protectble view by folige on folige owner s property (the Article, the view owner shll notify ech folige owner in writing of concerns regrding (1) If view owner wishes to pursue remedies vilble in the (B) Initil Neighbor Outrech. ny Folige Owner who is prty to the binding rbitrtion decision. resolve the dispute or disputes through binding rbitrtion, in which cse complince with the procedures set forth in this Section shll not be required. View Owners who re subject to binding rbitrtion decision shll be precluded from pplying for View Restortion Permit s to Decision. Nothing in this ordinnce is intended to preclude interested prties from greeing to (A) Prties Option to Enter Binding Arbitrtion; Effect of Arbitrtion The procedures set forth below shll be followed in order for view owner to pursue remedies vilble in this Article. More thn one view owner my pursue remedies simultneously with one or more folige owners s determined by the prties involved. Protectble View - (View of Los Angeles Are Bsin)! Folige Owners Folige within this re would be exempt Edge of level pd PROPERTY LINE One foot bove height of roof PROPERTY LINE s mesured from grde t Edge of Principl Building Are View Owner Prepred by the Community Development Deprtment B \ v6.doc 102

91 -7- be considered rejection by the folige owner. The Initil Neighbor Outrech should be followed by discussions between view owner nd ech folige owner to ttempt to rech mutully requests ten (10) business dys extension in writing or the response period is otherwise extended by mutul greement of the view owner nd the folige owner. Filure to respond shll greeble solution. meditor. BO7$5-0009\ v6.doc 103 encourge the prticipnts to prepre, nd cn ssist in the preprtion of, privte greement for the prties to sign. stge. if n greement is reched between the prties s result of medition, the meditor will orders for restortive ction but shll strive to enble the prties to resolve their dispute t this (4) The meditor shll not hve the power to issue binding requirements in the View Restortion Guidelines regrding submittl of informtion to the (3) The view owner nd ech folige owner shll comply with or more folige owners t the discretion of the prties involved. be considered rejection. Ech medition session my involve one or more view owners nd one voluntry, but ech folige owner shll hve no more thn thirty (30) dys from service of written request for medition to ccept or reject the offer of medition, unless the folige owner requests ten (10) business dys extension in writing or the response period is otherwise extended by mutul greement of the folige owner nd the view owner. Filure to respond shll (2) Acceptnce of medition by ech folige owner shll be owner nd meditor. The notice shll clerly identify the remedy sought by the view owner nd include good fith estimte of the cost of the remedy. shll be signed by view owner, nd shll include signed sttement from the view owner tht the Initil Neighbor Outrech process nd the view owner wishes to pursue remedies vilble in this Article, then, s prerequisite, the view owner shll notify ech folige owner of n offer to medite. The notice shll be on form provided by the City in the View Restortion Guidelines, view owner or the view owner s representtive shll offer to meet with ech potentil folige (1) if the prties re unble to rech greement through the (C) Medition. dmged or removed, ny protected tree s defined in Section of this Code, tree removl permit must first be obtined in ccordnce with the requirements of Section folige owner, the view owner or folige owner my dmge or remove, or cuse to be (4) If, pursunt to n greement between the view owner nd under penlty of perjury, indicting the non-response of folige owner. to the Initil Neighbor Outrech, then the view owner shll lso provide n ffidvit, signed resolve the mtter, or if folige owner fils to respond to the Initil Neighbor Outrech, the view owner my proceed with medition process. To prticipte in the City-sponsored medition process, the view owner shll submit to the City proof of the Initil Neighbor Outrech in the form of certified letter nd miling receipt. If folige owner did not respond (3) If the view owner nd folige owner re unble to

92 (5) If the view owner nd folige owner re unble to resolve the mtter, or if folige owner fils to respond to the medition notice or to prticipte in the medition process s prescribed in the View Restortion Guidelines, then the view owner my proceed to file for View Restortion Permit. (6) If, pursunt to n greement between the view owner nd folige owner, the view owner or folige owner my dmge or remove, or cuse to be dmged or removed, ny protected tree s defined in Section of this Code, tree removl permit must first be obtined in ccordnce with the requirements of Section (D) City Advisory Opinion. A view owner my request non-binding dvisory opinion t ny time prior to the view owner filing n ppliction for view restortion permit in ccordnce with the requirements of Section If the view owner wishes to pursue the process set forth in Section , the view owner must wit twelve (12) months from receipt of the City Advisory Opinion to file view restortion permit ppliction CONTINUATION OF PROCESS AFTER AGREEMENT. If the view owner nd folige owner enter into privte greement s result of Initil Neighbor Outrech or medition before the filing of View Restortion Permit ppliction, nd tht greement is not dhered to by prties to the greement, the prties my pursue civil litigtion; however, if the view owner wishes to pursue remedies vilble in this Article, then the view owner my continue with the pre-ppliction process t the step fter the step t which the greement ws entered into, provided tht less thn two (2) yers hve pssed since the dte of the privte greement. If the view owner wishes to pursue remedies vilble in this Article nd more thn two (2) yers hve pssed since the dte of the privte greement, then the view owner shll begin view restortion procedures with the Initil Neighbor Outrech VIEW RESTORATION PERMIT. (A) View Restortion Permit: After exhustion of the pre-hering steps set forth in Section , nd upon ppliction by view owner in form stisfctory to the Director of Plnning nd Community Development, the reviewing uthority my issue View Restortion Permit to view owner with protectble view s defined in this section where the protectble view from viewing re is substntilly disrupted by folige s defined in the Article nd the reviewing uthority mkes ll of the findings s set forth in this section. (B) Reviewing Authority: The reviewing uthority for View Restortion Permit ppliction shll be the Plnning Commission. If View Restortion Permit ppliction includes review of protected tree or trees s defined in Section of the Beverly Hills Municipl Code, then the reviewing uthority my order the removl of the tree or trees pursunt to Section s prt of the restortive ction required by View Restortion Permit. -8- BO725-OOO914O3O57v6.doc 104

93 (C) Appliction: Appliction for View Restortion Permit shll be in writing on form prescribed by the Director of Community Development nd shll include but not be limited to the following informtion: (1) Proof tht view owner hs ttempted or completed the following procedures s required in this section: Initil Neighbor Outrech; nd, Medition. estimte of cost. (2) Identifiction of the specific remedy sought by view owner nd n (3) A view restortion property survey documenting tht the subject folige is on folige owner s property, tht the folige owner s property is within five hundred feet (500 ) of view owner s property, nd the folige is bove the sfe hrbor plne. (4) A Tree survey. If n pplicnt does not submit the necessry informtion nd the ppliction remins incomplete for six (6) months fter the City, in writing, deems the ppliction incomplete, the Director of Community Development shll deny the ppliction without prejudice, nd shll provide notice to the pplicnt of tht determintion. Once complete ppliction hs been received, the City shll send forml notice of the ppliction to the folige owner including copy of the ppliction, copy of the View Restortion Guidelines nd request for n invittion to stff nd the reviewing uthority to visit folige owner s property with folige owner s uthoriztion. (D) Verifiction of Informtion: All pplicnts for View Restortion Permit shll submit n ffidvit, signed under penlty of perjury, tht the informtion provided in the ppliction nd other submitted documents is complete, true, nd ccurte bsed on the pplicnts knowledge nd resonble investigtion. (E) Public Hering Notice: The reviewing uthority shll hold public hering concerning ech ppliction for View Restortion Permit. Notice of ny hering held pursunt to this section shll be miled t lest thirty (30) dys prior to such hering by United Sttes mil, postge pid to the pplicnt nd ll -9- B \ v6.doc 105

94 owners nd residentil occupnts of property within five hundred feet (500 ) of the view owner s nd folige owner s properties, s shown on the ltest equlized ssessment roll. (F) Public Hering: The Director of Community Development or the reviewing uthority my, t its discretion, require the review or dditionl review of ny view restortion cse by qulified soils engineer, lndscpe rchitect, rborist, or other pproprite professionl, bsed on the specific conditions of folige owner s property. Folige owner uthoriztion shll be required prior to ccessing the folige owner s property. If folige owner does not permit ccess to folige owner s property, the reviewing uthority shll review the cse using other informtion s my be vilble, including informtion provided by the view owner. (G) Restrictions nd Conditions: In pproving View Restortion Permit, the reviewing uthority my impose such restrictions or conditions, including restortive ction, s it deems necessry or proper to restore Protected View; protect the folige owner s resonble enjoyment of its property; protect the public helth, sfety nd welfre; or ny combintion thereof. (H) Appels; Effective Dte: Any decision of the Plnning Commission mde pursunt to this section my be ppeled to the City Council by view owner or folige owner pursunt to the provisions set forth in Title 1, Chpter 4, Article 1 of this Code. The ppel period shll commence t the dte of miling of the Notice of Decision. Any decision of the Plnning Commission mde pursunt to this section tkes effect fourteen (14) dys from the issunce of notice of decision unless n ppel is filed. If ppeled, then the effective dy is the dte on which the City Council cts. (I) Findings: (1) The reviewing uthority my issue View Restortion Permit to remove or lter folige on ny lot tht is ll or prtly within five hundred feet (500 ) of View Owner s property if it mkes ll of the following findings: () The View Owner hs Protectble View. The Reviewing Authority shll determine the Viewing Are or Ares in order to mke this fmding. (b) The View Owner hs substntilly complied with the Initil Neighbor Outrech nd medition procedures of this Article. (c) The View Owner s Protectble View is substntilly disrupted by folige on Folige Owner s property tht is not exempt under Section The following criteri shll be considered in determining whether or not Protectble View is substntilly disrupted: -10- B07$5-0009\ v6.doc 106

95 view thn folige locted on the Protectble View s periphery. locted in the center of Protectble View is more likely to be found to substntilly disrupt collectively form n uninterrupted green brrier re more likely to be found to substntilly disrupt view thn re individul trees. fmdings: lndscpe pln. View. Trees locted in close proximity to ech other nd mintined in such wy s to (1) Folige Position within Protectble View. Folige (1) Adversely ffect the neighboring properties or the $5-0009\ v6.doc 107 limited to the following: View Restortion Permit, require restortive ction on folige owner s property. All restortive ction must be performed by licensed nd bonded tree or lndscpe service unless mutully greed upon by the view owner nd the folige owner. Restortive ction my include, but is not (J) Restortive Action: The Reviewing Authority my, through issunce of enhnce resonble person s enjoyment of the view owner s property tken s whole. (d) Restortion of the Protectble View would not substntilly impct on stbility of hillside, dringe, or erosion control. (c) Altertion of the folige will hve substntil dverse privcy nd security of the Folige Owner. (b) Altertion of the folige will unresonbly impct the () The folige is importnt to the integrity of n existing disrupt Protectble View if the Reviewing Authority mkes one or more ofthe following (2) The Reviewing Authority my llow folige to substntilly (ii) Adversely ffect the grden qulity of the City. generl welfre or sfety of the surrounding re; or, 2902, removl of the tree will not: (d) With respect to ny tree protected pursunt to Section within five hundred feet (500 ) of the View Owner s property. issue will not substntilly restore the Protectble View. Other fctors tht my be considered include, but re not limited to, permitted structures, nd folige tht is not on privte property which the view hs been or is diminished by other fctors such tht removl of the folige t (iii) View Diminished by Other Fctors. The extent to substntilly disrupt the view thn is folige tht obstructs only smll portion of the Protectble (ii) Folige Size nd Density. Folige tht by virtue of its size nd density obstructs lrge portion of protectble view is more likely to be found to

96 (1) Trimming, culling, lcing, or reducing folige to height or width to be determined by the reviewing uthority but not below the sfe hrbor plne. (2) Requiring the complete removl of the folige when the reviewing uthority fmds tht the trimming, culling, lcing, or reduction of the folige is likely to kill the folige, threten the public helth, sfety, or public welfre, or will destroy the esthetic vlue of the folige tht is to be pruned or reduced. Removl of helthy tree not on list of nuisnce trees mintined by the City is to be voided unless the reviewing uthority determines such removl is necessry to void substntil disruption of protected view. (3) Requiring replcement folige when the reviewing uthority fmds tht removl without replcement will cuse substntil dverse impct on one or more of: ) the public helth, sfety nd welfre; b) the privcy of the property owner; c) shde provided to the dwelling or property; d) the energy efficiency of the dwelling; e) the stbility of the hillside; 1) the helth or vibility of the remining lndscping; or g) the integrity of the lndscpe pln. (K) Notice of Decision: (1) Written Decision Required: The ction tken by the reviewing uthority shll be set forth in writing. (2) Notice of Decision: Within five (5) dys fter the issunce of decision by the reviewing uthority, the Director of Community Development shll cuse copy of the decision to be miled through the United Sttes mil, postge prepid, to ech of the following persons: ppliction; (i) The view owner, using the miling ddress set forth in the (ii) Ech folige owner tht is nmed on the ppliction, s listed on current Tx Assessor s roll nd to the occupnt of the folige Owner s property if the Folige Owner s ddress is different thn the property on which the folige is locted. The filure of the person ddressed to receive copy of the decision shll not ffect the vlidity or effectiveness of ny decision. (L) Indemnifiction: View owner shll defend, indemnify nd hold hrmless the City, its gents, officers, ttorneys nd employees from ny clim, ction or proceeding (collectively Action ) ginst the city or its gents, officers, ttorneys or employees to ttck, set side, void or nnul the Entitlements tht my be grnted by the City through issunce of View Restortion Permit, nd for ny nd ll costs incurred in enforcing the View Restortion Permit, except for those costs of enforcement s the City my recover from folige owner. Indemnitor shll reimburse the city for ny court costs nd ttorney s fees tht the City my be required by court to py s result of such Action. City my, t its sole nd bsolute discretion (1) prticipte in the defense of such Action undertken by View Owner, or (2) retin seprte counsel whose ttorneys fees nd costs shll be pid by View Owner. Such prticiption in the defense of such -12- B \ v6.doc 108

97 Action or the retention of seprte counsel by the City shll not relieve View Owner s obligtions under this provision. The City shll promptly notify the View Owner of ny such Action. View owner shll indemnify the City ginst ny nd ll clims resulting from the issunce, defense, implementtion, or enforcement of the View Restortion Permit DECISIONS INTENDED TO RUN WITH THE LAND; DISCLOSURE. Decisions regrding view restortion shll be binding on ll current nd future owners of view owner s property nd folige owner s property, nd such decisions must be disclosed by ech owner to subsequent owners of the property PRIVATE RIGHT OF ACTION; SUBSEQUENT ENFORCEMENT BY VIEW OWNER AND ATTORTEY S FEES, The City shll tke such ction, s pproprite, to ensure initil complince with view restortion permit. After n initil determintion by the City tht folige Owner hs complied with View Restortion Permit, ny further dispute regrding the Folige Owner s complince with the View Restortion Permit shll be resolved by civil ction initited by the View Owner. At ny time, before or fter n initil determintion of complince with View Restortion Permit by the City, ny View Owner my sue in Los Angeles superior court to enjoin violtion of, or compel complince with, View Restortion Permit. The previling prty in ny such civil ction between View Owner nd Folige Owner shll be entitled to recover its resonble ttorney fees nd costs incurred in the litigtion LANDSCAPE STANDARDS. The View Restortion Guidelines shll include lndscpe stndrds tht include list of nuisnce trees tht should not be plnted in hillside view res APPORTIONMENT OF COSTS. It is the intent tht procedurl fees referenced in this section shll reflect the ctul cost of dministrtive ctivities required of the City to implement this Ordinnce. Additionl clrifiction of fees nd costs my be included in the View Restortion Guidelines. (A) Initil Neighbor Outrech: (1) Procedurl Costs. Any costs ssocited with obtining informtion, miling the required notice, or prepring n greement shll be borne by the view owner. The view owner shll py the cost of view restortion property survey or tree survey if such survey is completed B \ v6.doc 109

98 -14- to by the folige owner. on the folige owner s property shll be llocted s greed upon by the prties. Permit. to by the prties. (2) Restortive Action. The cost of restortive ction greed upon by (3) Mintennce Costs. The cost of subsequent mintennce of folige (B) Medition: B07$5-0009\ v6.doc 110 ppliction including the ppel fee, public notice cost, nd ny other ppliction costs. (1) Procedurl Costs. Appellnt shll ber the costs of the ppel (D) Appel to City Council owner shll py for subsequent mintennce of the folige consistent with the View Restortion (3) Mintennce After Initil Restortive Action. The folige the reviewing uthority finds restortive ction is required. percent (50%) of the cost of restortive ction if the folige owner prticipted in medition nd (b) The view owner nd folige owner shll ech py fifty the cost of restortive ction if the folige owner did not prticipte in medition nd the reviewing uthority finds restortive ction is required. () The folige owner shll py one hundred percent (100%) of (2) Restortive Action. tree survey nd the cost of ny other informtion requested by the reviewing uthority. ppliction fees nd other ppliction costs including the view restortion property survey nd (1) Procedurl Costs. View owner shll ber the cost of (C) View Restortion Permit with Public Hering: on the folige owner s property shll be llocted s greed upon by the prties. (3) Mintennce Costs. The cost of subsequent mintennce of folige the view owner nd the folige owner shll be borne by the view owner unless otherwise greed (2) Restortive Action. The cost of restortive ction greed upon by owner. The view owner shll py the cost of view restortion property survey or tree survey if such survey is completed. informtion, miling the required notice, or prepring n greement shll be borne by the view (1) Procedurl Costs. Any costs ssocited with obtining the view owner nd the folige owner shll be borne by the view owner unless otherwise greed

99 Section 4. To limit ny fiscl impct of the Trousdle Esttes View -15- (3) Mintennce After Initil Restortive Action. The folige ction pursunt to decision by the Plnning Commission. owner shll py for subsequent mintennce of the folige consistent with the View Restortion Permit. hering. D. The removl of protected tree pursunt to View Restortion Permit B U4O3O57v6.doc 111 portion of this Ordinnce or the ppliction thereof to ny person or plce, is for ny reson held Section 7. If ny section, subsection, subdivision, sentence, cluse, phrse, or issued by the City in ccordnce with the provisions of Section of the City s Municipl Code. other portions of Section remining without mendment: 2904 of Chpter 3 of Title 10 of the Beverly Hills Municipl Code to red s follows, with ll Section 6. The City Council hereby dds new prgrph D. to Section trunk nd mny brnches. TREE: A woody perennil plnt, consisting usully of single elongted min stem or Americn Society of Consulting Arborists (ASCA). Arboricuhure (ISA), or n individul who is currently listed s Consulting Arborist by the ARBORIST$: An individul certified s n rborist by the Interntionl Society of remining without mendment: Hills Municipl Code to red s follows, with ll other definitions listed in Section Arborist nd Tree set forth in Section of Chpter 3 of Title 10 of the Beverly Section 5. The City Council hereby mends the definitions of the terms Restortion Permit herings tht ensures ll property owners equl opportunity to receive herings per clendr yer. The City my estblish mens of ccepting pplictions for View Restortion Progrm, the City shll conduct no more thn ten (10) View Restortion Permit n ppel to the City Council shll be pportioned in the sme wy s the cost of restortive (2) Restortive Action. The cost of restortive ction resulting from

100 to be invlid or unconstitutionl by the finl decision of ny court of competent jurisdiction, the reminder of this Ordinnce shll remin in full force nd effect. Section 8. The City Council hereby fmds on the bsis of the whole record before it, including the initil study nd ny comments received, tht there is no substntil evidence tht this proposed ordinnce will hve significnt effect on the environment nd tht the negtive declrtion prepred in connection with this ordinnce represents the independent judgment nd nlysis of the City nd the City Council. Therefore, the City Council hereby dopts the Negtive Declrtion nd pproves this Ordinnce, nd uthorizes the Myor to execute the Ordinnce on behlf of the City. The documents nd other mteril which constitute the record of proceedings upon which this decision is bsed re locted in the City s Community Development Deprtment. The custodin of records is the Director of Community Development. Section 9. Tril Period. A report regrding the implementtion of this ordinnce shll be provided to the Plnning Commission nd City Council within 12 months of the effective dte of the ordinnce. Section 10. Publiction. The City Clerk shll cuse this Ordinnce to be published t lest once in newspper of generl circultion published nd circulted in the City within fifteen (15) dys fter its pssge in ccordnce with Section of the Government Code, shll certify to the doption of this Ordinnce, nd shll cuse this Ordinnce nd his certifiction, together with proof of publiction, to be entered in the Book of Ordinnces of the Council of this City BO785-OOO914O3O57v6.doc 112

101 -17- BYR6NPE ATT,: Myor,4f the City of Beverly Hills, Adopted: December 6, 2011 Effective: / Jnury 6, :01.m. on the thirty-first (3 1st) dy fter its pssge. Section 11. This Ordinnce shll go into effect nd be in full force nd effect t Cliforni APPROVED A 0 FO : APPROVEDA$ TQ NT NT: \ v6.doc 113 Dlrector of Community Development /SIflAN HEAL KEENE MCP 7Q%z Av LARCE S. WIENER JEF,&OT City Cle&J B ARRYARUCKER