Unless the context otherwise requires, the definitions set forth in this section shall govern the construction of this article:
ARBORIST: An individual certified as an arborist by the International Society Of Arboriculture (ISA), or an individual who is currently listed as a consulting arborist by the American Society Of Consulting Arborists (ASCA).
CITY ADVISORY OPINION: A nonbinding opinion rendered by the director of community development or his/her designee, to a view owner who requests such an opinion and pays a fee as set by the city council.
DAMAGE: Any action which may cause death or significant injury to a tree, or which places the tree in a hazardous condition or an irreversible state of decline. Such action may be taken by, but is not limited to, cutting, topping, girdling, poisoning, trenching, grading, or excavating within the drip line of the tree.
FOLIAGE: The aggregate of leaves, branches and trunks of one or more plants. Trees and hedges, including hedges that otherwise meet the standards of the zoning code, are included in the definition of foliage.
FOLIAGE OWNER: An owner of real property in Trousdale Estates upon which is located foliage that is subject to an action filed pursuant to this article and which property is within five hundred feet (500') of a view owner's property. "Foliage owner" shall reference one or more owners of the same property.
FORESTER: An individual licensed in California as a registered professional forester (RPF).
HEDGE: Shall have the same meaning as set forth in section 10-3-100 of this title.
LANDSCAPE ARCHITECT: A landscape architect registered by the state of California.
PRIMARY RESIDENTIAL STRUCTURE: The main structure or building on a site zoned for residential use and used or occupied as a private one-family residence.
PROTECTABLE VIEW: A protectable view may include any view of the Los Angeles area basin from a "viewing area" as defined in this section. The view of the Los Angeles area basin may include, but is not limited to, city lights (Beverly Hills and other cities), ocean, and horizon. The term "protectable view" does not mean an unobstructed panorama of all or any of the above. For purposes of this section, a protectable view shall be determined from a point thirty six inches (36") above the finished grade of the viewing area.
PROTECTED VIEW: A protectable view that has been determined by the reviewing authority to merit restoration.
RESTORATIVE ACTION: Any specific steps taken affecting foliage that would result in the restoration or preservation of a protected view.
SAFE HARBOR AREA: The area below a safe harbor plane.
SAFE HARBOR PLANE: A plane defined by points at the edge of view owner's level pad to points measured from grade at the edge of an adjacent downslope foliage owner's principal building area that is farthest from the edge of view owner's level pad located in a line of sight of a protectable view. The points of the plane on foliage owner's property shall be at a height of one foot (1') above the height of the roof of the primary residential structure on foliage owner's property, not to exceed a maximum height of fifteen feet (15') as measured from grade (see illustration in section 10-8-103 of this chapter). If the downslope property is undeveloped, or if the upslope property's view is over the driveway or "pole" portion of a flag lot, then the maximum height of fifteen feet (15') from grade shall apply.
For the purposes of this definition, the height of the roof of the primary residential structure excludes chimneys, stair or elevator shafts, vent pipes, mechanical equipment, parapets, architectural features that extend above the primary roof elevation, antennas, and other rooftop equipment. If the roof height varies, the height of the roof of the primary residential structure shall be the highest point of the roof of the primary structure.
For purposes of this definition, downslope and upslope properties separated by a public street shall be deemed to be adjacent.
If a view owner's level pad is less than one foot (1') above the height of the roof of the primary residential structure on foliage owner's property, then the safe harbor plane shall be defined as a plane above the foliage owner's level pad at a height of one foot (1') above the height of the roof of the primary residential structure on foliage owner's property.
TREE: A woody perennial plant, consisting usually of a single elongated main stem or trunk and many branches.
TREE SURVEY: A tree survey includes the following information for trees alleged to impair a view and all trees within the vicinity of the alleged view impairing trees as determined by a landscape architect, arborist, or forester:
A. Species of each tree, based on scientific name, and the common name;
B. Tree identifying number and location recorded on a map;
C. Physical measurements of the tree such as height and circumference: tree circumference shall be measured on the primary trunk at a height of four feet six inches (4'6") above natural grade;
D. Age of the tree;
E. Report of overall health and structural condition of the tree;
F. Life expectancy and suitability for preservation;
G. Potential restorative actions to address trees alleged to disrupt a view, impact of such restorative actions on trees, and long term maintenance activities to prevent future potential view disruption; and
H. Tree management recommendations.
The survey shall be signed or stamped by a registered landscape architect, arborist or forester.
If a foliage owner does not grant access to his/her property for the purpose of conducting a tree survey, a tree survey report shall be prepared with as much of the above information as possible, using other information sources such as photographs taken from other properties, satellite photographs from commercially available sources, public record permit information for work performed on foliage owner's property, and other similar information sources.
VIEW OWNER: Any owner or owners of real property in Trousdale Estates that has a protectable view and who alleges that the growth of foliage located on a property within five hundred feet (500') of their property is causing substantial disruption of a protectable view. "View owner" shall include one or more owners of the same property.
VIEW RESTORATION GUIDELINES: Guidelines for implementation of the ordinance prepared by the community development department, adopted by the planning commission, and made available to the public.
VIEW RESTORATION PROPERTY SURVEY: A survey completed by a certified professional, such as an ALTA (American Land Title Association) survey, of view owner's site and foliage owner's site that may include calculation of the "safe harbor plane" as defined in this article and any other information or calculations as may be of assistance to a reviewing authority pursuant to this section.
If access to the foliage owner's property is necessary to complete the survey and the foliage owner does not grant access to his/her property for the purpose of conducting the survey, a view restoration property survey report shall be prepared using other information sources such as measurements taken from other properties, photographs taken from other properties, satellite photographs from commercially available sources, public record permit information for work performed on foliage owner's property, and other similar information sources.
VIEWING AREA: An area from which a protectable view is assessed, located on the level pad that contains the primary residential structure. A viewing area shall be a room of the primary residential structure (excluding hallways, laundry rooms, closets and garages), or a patio, deck or landscaped area adjacent to the primary residential structure that does not extend beyond the level pad. There may be one or more viewing areas on a property. The reviewing authority shall establish the viewing area or areas as part of its finding that the view owner has a protectable view. The reviewing authority may designate a location as a viewing area if, in the opinion of the reviewing authority, an average resident would often observe a protectable view from that area. (Ord. 11-O-2616, eff. 1-6-2012)
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