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)