Note: Renumbered during the 2008 republication from Ch. 9 to Ch. 8.
The rights and the restorative process are based upon the following general principles:
(a) 
The Town recognizes that residents cherish their outward views from the hills, and that they also cherish the benefits of plentiful sunlight reaching their buildings and yards. The Town recognizes that both outward views and plentiful sunlight reaching property contribute greatly to the quality of life in Los Altos Hills, and promote the general welfare of the entire community.
(b) 
The Town also recognizes the desire of many residents, property owners, and institutions for beautiful and plentiful landscaping, including trees. The Town realizes that this desire may sometimes be in conflict with the preservation of views and sunlight, and that disputes related to view or sunlight obstruction are inevitable.
(c) 
Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, both currently and at tree maturity. Persons have the right to seek civil remedies when threatened by dangerous tree growth.
(d) 
The Town shall establish a process by which persons may seek to preserve and restore views or sunlight which existed at any time since they purchased the property or up to 15 years prior to adoption of the ordinance codified in this chapter, whichever is less, from unreasonable obstruction by the growth of trees. The Town shall also establish a list of factors to be considered in determining appropriate actions to restore views or sunlight.
(e) 
When a view or sunlight obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, and other traditional means, such as discussions with the appropriate neighborhood or homeowner association. Those disputes which are not resolved through such means shall follow the procedure established herein.
(f) 
It is the intent of the Town that the provisions of this chapter receive thoughtful and reasonable application. It is not the intent of the Town to encourage clear-cutting or substantial denuding of any property of its trees by overzealous application of the provisions of this chapter.
(§ 1, Ord. 427, eff. July 5, 2003)
For the purpose of this chapter, the meaning and construction of words and phrases is as follows:
Arbitrator
means a neutral person who will conduct a process similar to a trial, and who will hear testimony, consider evidence, and make a binding decision for the disputing parties.
Binding arbitration
means a legal procedure as set forth in Section 1280 et seq., of the Code of Civil Procedure.
Initiating party
means any property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her pre-existing views or sunlight.
Landscape screening
means a method by which trees and vegetation are planted in order to separate and partially obstruct the view of adjacent and nearby structures and properties from one another. Landscape screening shall generally not exceed the height of the ridgeline of the primary structure.
Mediator
means a neutral, objective third person who assists people in finding mutually satisfactory solutions to their problem.
Person
means any individual, corporation, partnership, firm or other legal entity, excluding the Town of Los Altos Hills.
Primary living area
means the portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is to be made on a case-by-case basis.
Protected tree
means any of the following:
(1) 
Heritage tree means any tree that, due to age, size, location, visibility, historic nature, or other unique attribute, has been deemed by the Town to be a heritage tree and accordingly deserves special consideration for preservation and protection.
(2) 
Removal
means the elimination of any tree from its present location.
Restorative action
means any specific requirement to resolve a tree dispute.
Stump growth
means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.
Sunlight
means the availability of direct or indirect sunlight to the primary living area of a residence.
Thinning
means the selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition.
Topping
means elimination of the upper portion of a tree's trunk or main leader.
Tree
means any woody plant with the potential to obstruct views or sunlight, including, but not limited to, trees, shrubs, hedges, and bushes. References to "tree" shall include the plural.
Tree claim
means the written basis for arbitration or court action under the provisions of this chapter.
Tree owner
means any person owning real property in Los Altos Hills upon whose land is located a tree or trees alleged by an initiating party to cause an unreasonable obstruction.
Trimming
means the selective removal of portions of branches from a tree so as to modify the tree's shape or profile or alter the tree's appearance.
View
means a scene from the primary living area of a residence. The term "view" includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range.
Views include, but are not limited to, skylines, bridges, landmarks, distant cities, distinctive geologic features, hillside terrains, wooded canyons, ridges, and bodies of water.
Some additional examples are: San Francisco Bay, neighboring Silicon Valley communities, Lands of Stanford, Lands of MidPeninsula Open Space District, the Cities of San Francisco and San Jose, East Bay Hills, Bay Bridge, San Mateo Bridge and Dumbarton Bridge.
(§ 1, Ord. 427, eff. July 5, 2003)
Persons shall have the right to preserve views or sunlight, which existed at any time since they purchased their property or not more than 15 years prior to adoption of the ordinance codified in this chapter, whichever option results in less time, when such views or sunlight are from the primary living area and have subsequently been unreasonably obstructed by the growth of trees.
In order to establish such rights pursuant to this chapter, the person must follow the process established in this chapter. In addition to the above rights, private parties have the right to seek remedial action for imminent danger caused by trees.
All persons are advised that the alteration, removal, and planting of certain trees requires a permit under Title 12, Article 3, Sections 12-2.202, 12-2.302 and 12-2.403 of the Town of Los Altos Hills Municipal Code (Parks and Recreation). The applicability of Title 12 should be determined prior to any action on trees.
(§ 1, Ord. 427, eff. July 5, 2003)
(a) 
No person shall plant, maintain, or permit to grow any tree which unreasonably obstructs the view from, or sunlight reaching, the primary living area of any other parcel of property within the Town of Los Altos Hills.
(b) 
Because the maintenance of views and sunlight benefits the general welfare of the entire Town, any unreasonable obstruction of views or sunlight from the primary living area shall also constitute a public nuisance.
(§ 1, Ord. 427, eff. July 5, 2003)
The following criteria are to be considered (but not exclusive) in determining whether unreasonable obstruction has occurred.
(a) 
The extent of obstruction of pre-existing views from, or sunlight reaching, the primary living area of the initiating party, both currently and at tree maturity.
(b) 
The quality of the pre-existing views being obstructed, including obstruction of landmarks, vistas, or other unique features.
(c) 
The extent to which the trees interfere with efficient operation of an initiating party's pre-existing solar energy systems.
(d) 
The extent to which the initiating party's view and/or sunlight has been diminished over time by factors other than tree growth.
(§ 1, Ord. 427, eff. July 5, 2003)
When it has been determined that unreasonable obstruction has occurred, then the following unweighted factors shall be considered in determining appropriate restorative action:
(a) 
The hazard posed by a tree or trees to persons or structures on the property of the initiating party including, but not limited to, fire danger and the danger of falling limbs or trees;
(b) 
The variety of tree, its projected rate of growth and maintenance requirements;
(c) 
Aesthetic quality of the tree(s), including, but not limited to, species characteristics, size, growth, form and vigor;
(d) 
Location with respect to overall appearance, design, or use of the tree owner's property;
(e) 
Soil stability provided by the tree(s) considering soils structure, degree of slope and extent of the tree's root system;
(f) 
Privacy (visual and auditory), wind and landscape screening provided by the tree(s) to the tree owner and to neighbors;
(g) 
Energy conservation and or climate control provided by the tree(s);
(h) 
Wildlife habitat provided by the tree(s);
(i) 
Whether the trees are protected trees, as defined herein.
(§ 1, Ord. 427, eff. July 5, 2003)
Restorative actions include, but are not limited to, the following:
(a) 
Trimming;
(b) 
Thinning or windowing;
(c) 
Topping;
(d) 
Removal with replacement plantings;
(e) 
Removal without replacement plantings.
In all cases, the documentable extent of view or sunlight existing at any time since they purchased the property or up to 15 years prior to adoption of the ordinance codified in this chapter, whichever is less, is the maximum limit of restorative action which may be required.
In cases where trimming, windowing, or other restorative action may affect the health of a tree that is to be preserved, such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the State of California.
(§ 1, Ord. 427, eff. July 5, 2003)
The Town of Los Altos Hills provides the following general guidelines concerning restorative actions:
Undesirable Trees. By reason of their tall height at maturity, rapid growth, dense foliage, shallow root structure, flammability, breakability, or invasiveness, certain types of trees have been deemed "undesirable" by the Town, including Blue Gum Eucalyptus, Monterey Pine and Monterey Cypress trees.
When considering restorative action for "undesirable" trees, aggressive action is preferred.
Redwood Trees. Redwood trees are desirable for their scenic qualities and fire resistance. However, Redwood trees must be sited with care in order to avoid potential view obstructions.
Protected Trees. The Town of Los Altos Hills has designated certain trees to be "protected trees," defined in Section 5-8.02. Any alteration or removal of protected trees shall require a permit from the Town pursuant to the Town Municipal Code.
Stump Growth. Stump growth generally results in the hazard of weak limbs, and its protection is not desirable. When considering restorative action for stump growth, aggressive action is preferred. Restorative action which will result in future stump growth should be avoided.
Trimming. Trimming is the most minor form of physical restorative action. This option is recommended when minor unreasonable obstruction has occurred, provided that ongoing maintenance is guaranteed.
Thinning or Windowing. When simple trimming will not resolve the unreasonable obstruction, thinning or windowing may be necessary. These should be supervised by a certified arborist.
Topping. Topping as a restorative action should be used with caution. Topping can have deleterious effects on a tree's health, appearance, and cost of maintenance. Topping frequently results in stump growth. Tree removal, with replacement plantings, may be a preferable alternative.
Removal. Tree removal may be required where such removal is essential to preserve pre-existing views or sunlight. While normally considered a drastic measure, tree removal can be the preferred solution in many circumstances.
Disturbance to Nesting Birds. Topping and tree removal should take place between the end of August and the beginning of January to avoid disturbance of nesting birds protected under the Federal Migratory Bird Treaty Act (MBTA) and California Department of Fish and Game Code Section 3500 et seq., unless a nesting bird survey is first conducted and there is a determination that there are no active nests within the tree.
Maintenance. Ongoing tree maintenance requirements are strongly recommended as part of restorative action in order to achieve lasting preservation of pre-existing views or sunlight.
(§ 2, Ord. 521, eff. October 16, 2010)
The following process shall be used in the resolution of view and sunlight obstruction disputes between parties:
(a) 
Initial Reconciliation. An initiating party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area shall notify the tree owner in writing of such concerns.
The notification should, if possible, be accompanied by personal discussions to enable the initiating party and tree owner to attempt to reach a mutually agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute. For trees located on Town-owned property, see Section 5-8.16.
(b) 
Mediation. If the initial reconciliation attempt fails, the initiating party shall propose mediation as a timely means to settle the obstruction dispute.
Acceptance of mediation by the tree owner shall be voluntary, but the tree owner shall have no more than 30 days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a mediator within 10 days.
It is recommended that the services of a professionally trained mediator be employed. The Los Altos Mediation Program (L.A.M.P.) is an example of such a service.
The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the initiating party and the tree owner. Parties are encouraged to contact immediate neighbors and solicit input.
The mediator shall consider the purposes and policies set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for binding arbitration or litigation.
(§ 1, Ord. 427, eff. July 5, 2003)
In the event that the initial reconciliation process fails, and mediation either is declined by the tree owner or fails, the initiating party must prepare a tree claim, and provide a copy to the tree owner, in order to pursue either binding arbitration or litigation under the authority established by this chapter.
A tree claim shall consist of all of the following:
(a) 
A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to, photographic prints, negatives or slides. Such evidence must show absence of the obstruction at any time since they purchased their property or not more than 15 years prior to adoption of the ordinance codified in this chapter, whichever option results in less time;
(b) 
The location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner's name and address;
(c) 
Evidence of the failure of initial reconciliation, as described in Section 5-8.09(a), to resolve the dispute. The initiating party must provide physical evidence that written attempts at reconciliation have been made and have failed. Evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence;
(d) 
Evidence that mediation, as described in Section 5-8.09(b), has been attempted and has failed, or has been declined by the tree owner;
(e) 
Specific restorative actions proposed by the initiating party to resolve the unreasonable obstruction.
(§ 1, Ord. 427, eff. July 5, 2003)
In those cases where the initial reconciliation process fails and where mediation is declined by the tree owner or failed, the initiating party must offer in writing to submit the dispute to binding arbitration, and the tree owner may elect binding arbitration.
The tree owner shall have 30 days from service of notice to accept or reject binding arbitration. If accepted, the parties shall agree on a specific arbitrator within 21 days, and shall indicate such agreement in writing.
The arbitrator shall use the provisions of this chapter to reach a fair resolution of the tree claim and shall submit a complete written report to the initiating party and the tree owner. This report shall include the arbitrator's findings with respect to Sections 5-8-05 and 5-8.06 of this chapter, a pertinent list of all mandated restorative actions with any appropriate conditions concerning such actions, and a schedule by which the mandates must be completed. A copy of the arbitrator's report shall be filed with the Town Attorney upon completion. Any decision of the arbitrator shall be enforceable pursuant to the provisions of Code of Civil Procedure Section 1280 et seq.
(§ 1, Ord. 427, eff. July 5, 2003)
In those cases where binding arbitration is declined by the tree owner, then civil action may be pursued by the initiating party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this chapter.
The litigant must state in the lawsuit that arbitration was offered and not accepted, and that a copy of the lawsuit was filed with the Town Attorney. A copy of any order or settlement in the lawsuit shall also be filed with the Town Attorney.
(§ 1, Ord. 427, eff. July 5, 2003)
Cost of Mediation and Arbitration. The initiating party and tree owner shall each pay 50% of mediation or arbitration fees, unless they agree otherwise or allow the mediator or arbitrator discretion for allocating costs.
Cost of Litigation. To be determined by the court or through a settlement.
Cost of Restorative Action. To be determined by mutual agreement, or through mediation, arbitration, court judgment, or settlement.
(§ 1, Ord. 427, eff. July 5, 2003)
The issuance of mediation findings, an arbitration report or a court decision shall not create any liability of the Town with regard to the restorative actions to be performed.
Failure of the Town to enforce provisions of this chapter shall not give rise to any civil or criminal liabilities on the part of the Town.
(§ 1, Ord. 427, eff. July 5, 2003)
It is not the intent of the Town in adopting this chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement.
(§ 1, Ord. 427, eff. July 5, 2003)
Trees located on Town-owned property or naturally occurring native species within conservation easements are exempt from the provisions of this chapter. Requests or complaints regarding trees located on Town-owned property should be made in writing to the Superintendent of Public Works for consideration in accordance with the policies adopted by the Town.
(§ 1, Ord. 427, eff. July 5, 2003)