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ORD 547 ORDINANCE NO. 547 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN ORDINANCE AMENDING RPVMC SECTION 17.76.100(G)(1) TO INCREASE PUBLIC NOTIFICATION OF A CITY TREE REVIEW PERMIT DECISION TO THE 20 CLOSEST PROPERTIES; AMENDING RPVMC SECTION 17.76.100(G)(1) TO CLARIFY THAT THE NOTIFIED PROPERTIES ARE TO BE PROPERTIES LOCATED WITHIN THE CITY OF RANCHO PALOS VERDES; AND AMENDING RPVMC SECTION 17.76.100(G)(3) TO REQUIRE THE CITY TO POST A NOTICE OF DECISION ON EACH TREE SUBJECT TO PERMIT APPROVAL, WITH THE EXCEPTION OF POSTING NOTICES ON TREES LOCATED IN AREAS THAT ARE TOO DIFFICULT OR HAZARDOUS TO ACCESS (CASE NO. ZON2013- 00239). WHEREAS, on May 21, 2013, Mayor Brooks presented a request for the City Council to initiate a code amendment to improve and expand public notification for City Tree Review Permit (CTRP) decisions; and, WHEREAS, on May 21, 2013, the City Council initiated a code amendment to increase public notification for CTRP application decisions to Rancho Palos Verdes Municipal Code (RPVMC) Section 17.76.100 (City Tree Review Permit); and, WHEREAS, on June 20, 2013, notice of a public hearing on the proposed amendments to Section 17.76.100 of the Municipal Code was published in the Palos Verdes Peninsula News; and, WHEREAS, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearing on July 9, 2013, at which time Staff presented proposed language to revise Municipal Code Section 17.76.100 (City Tree Review Permit). After reviewing and discussing the matter, the Planning Commission moved to continue the public hearing to July 23, 2013, with direction to Staff to draft a resolution for adoption, which would recommend that the City Council adopt specific code amendments to RPVMC Section 17.76.100; and, WHEREAS, on July 23, 2013, the Planning Commission adopted P.C. Resolution No. 2013-17, thereby recommending that the City Council adopt an ordinance revising Section 17.76.100 of the City's Municipal Code, as recommended by Staff; and, WHEREAS, on August 29, 2013, notice of a City Council public hearing on the proposed amendments to RPVMC Section 17.76.100 of the Municipal Code was published in the Palos Verdes Peninsula News; and, Ordinance No. 547 Page 1 of 6 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State's CEQA Guidelines, California Code Regulations, Title 14, Section 15000 et seq., and the City's Local CEQA Guidelines, the City determined that there is no substantial evidence that the code amendment would result in a significant adverse effect on the environment. Accordingly, Addendum No. 7 to the Negative Declaration for Ordinance No. 510, has been prepared; and, WHEREAS, on September 17, 2013, the City Council held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 2: The City Council further finds, based upon its own independent review, that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified the Negative Declaration adopted in conjunction with Ordinance No. 510 for amendments to Title 17 of the Municipal Code, because the new amendments merely expand or clarify certain notification requirements and/or codify policies and procedures that are currently in place. Accordingly, the City Council hereby finds that Addendum (No. 7) to the prior Negative Declaration, which is attached hereto as Exhibit "A," complies with the requirements of the California Environmental Quality Act. Section 3: That the amendments to Title 17 are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and do not hinder, the goals and policies of those plans. Specifically, the revisions to Section 17.76.100 will expand public notification for permit decisions where City trees significantly impair views from adjoining lots, which assists the Community Development Department to implement and uphold the Goals and policies of the City's General Plan. Section 4: That the amendments to Chapter 17.76.100 are necessary to preserve the public health, safety, and general welfare, as the proposed amendments will increase noticing of City Tree Review Permit decisions, which increases opportunities for property owners of Rancho Palos Verdes to adopt and trim City trees, so as to preserve City trees that otherwise would be removed. Section 5: Section 17.76.100 (City Tree Review Permit) of the Rancho Palos Verdes Municipal Code is hereby amended as follows (strike-out text is for removed language, and bold and underlined text is for new language): Ordinance No. 547 Page 2 of 6 17.76.100 — City Tree Review Permit. A. Purpose. This chapter provides a procedure for the pruning and/or removal of trees and/or foliage which are located on city property, a city easement or within the public right-of- way in order to protect the public health, safety and welfare by preventing the needless impairment of views from vista points and view lots. B. Approval Required. A city tree review permit is required prior to the pruning and/or removal of any tree and/or foliage, located on city property, a city easement or within the public right-of-way, for the purposes of view restoration. C. Exemption. Trees and/or foliage located within the boundaries of the Miraleste recreation and park district shall not be subject to the provisions of this section. D. City Tree Review Permit Application. Any person owning land in the city may file an application for a city tree review permit. An application for a city tree review permit shall be made to the director on forms provided by the city, and shall include the following items: 1. A completed application form signed by the property owner of the property where the view is impaired; and 2. A plan or map, drawn to the satisfaction of the director, which clearly shows the location of each tree and/or foliage located on city property, a city easement, or within the public right-of-way that is impairing the view of the applicant; and 3. A current photograph of the alleged view impairment taken from the applicant's viewing area; and 4. An application fee, as established by City Council resolution. E. Review Criteria. The director or the director's designee shall either grant, or conditionally grant the city tree review permit if, after conducting an investigation of the applicant's property, it is determined that trees and/or foliage located on City property, a City easement or in the public right-of-way are significantly impairing a view from a viewing area of the applicant's lot, as defined in Section 17.02.040 (Single-Family Residential Districts) of this title. F. Conditions of Permit Issuance. In granting any approval under this section, the director may impose such conditions thereon as may be reasonably necessary to prevent danger to public or private property; to prevent the tree removal or pruning from being conducted in a manner that is likely to create a nuisance; or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to, the following: 1. For a city tree and/or foliage that is-located within the parkway and roadway median, or within any other city property or city easement (except city parks): a. A view-impairing tree and/or foliage shall be removed and replaced with a similar 24-inch box size tree by the City. The City shall pay for all costs of tree and/or foliage removal and replacement. Trees and/or foliage that are removed shall not be replaced if the following conditions exist: Ordinance No. 547 Page 3 of 6 i. The replacement tree or foliage will immediately cause a significant impairment of the view from the applicant's viewing area; ii. The Director of Public Works determines a replacement tree would cause damage to the improvements in the public right-of-way (street, curb, sidewalk, etc.) or obscure traffic visibility or create an impediment to pedestrian access within the public right-of-way; b. The City shall make the final determination as to the type and number of replacement trees and/or foliage, if any. c. If a person who has received notification of the Director's decision files a written request to not remove the tree or foliage (within 7 days of the notification), then the tree and/or foliage may be pruned instead of removed, provided the following conditions can be met: i. The Director determines that the pruning of the subject tree and/or foliage will eliminate the significant impairment of the applicant's view; ii. The Director determines that the pruning of the subject tree and/or foliage will not result in an unsightly tree and /or likely kill or weaken the tree; iii. The Director of Public Works determines that the tree and/or foliage has not, and will not, cause damage to improvements in the public right-of-way (street, curb, sidewalk, etc.); iv. Upon receipt of the written agreement of the owner(s) of the property directly abutting or underlying the public right-of-way or parkway where the tree and/or foliage is located, the City and any of the parties who were notified pursuant to Subsection G1 enter into an agreement that is recorded on the title of the agreeing party's property, binding that property owner and any future owners of that property to maintain the trees and/or foliage so as to prevent future significant view impairment by such tree and/or foliage. The agreement between the City and the property owner shall specify the maximum time interval, as determined to be appropriate by the Director, within which the property owner shall undertake and pay for such maintenance; v. Should the property owner, who has entered into an agreement with the City to maintain a City tree or foliage, within 30 days of receiving a notice from the City requesting maintenance, fail to adhere to the maintenance provisions of the agreement, then the City shall terminate the agreement and shall remove the subject tree(s)/foliage at the City's expense. 2. For trees and/or foliage located within a city park: a. If the City determines that the tree and/or foliage needs to be removed in order to restore the applicant's view, the City shall determine whether the tree and/or foliage shall be replaced, and shall make the final determination as to the type and number of replacement trees and/or foliage. Ordinance No. 547 Page 4 of 6 b. If the City determines that the tree and/or foliage can be pruned to restore the applicant's view without damaging or killing the tree or foliage, the City shall maintain the tree and/or foliage so as to prevent future view impairment by the tree and/or foliage. C. The City shall pay for all costs of tree and/or foliage pruning, removal and/or replacement. The City shall make the final determination as to the type and number of replacement trees and/or foliage. Whenever work is to be performed, it shall be performed by the City. G. Notification. When the director makes a determination regarding a City tree review permit, written notice of the decision shall be given as follows: 1. When the foliage is located on a City street or easement, a notice of the determination to grant the application shall be sent to the applicant(s), the appropriate Homeowners Association, and the# twent (4-020) closest adjacent properties within the City of Rancho Palos Verdes, including the owner(s) of the property directly abutting or underlying the public right-of-way where the subject tree(s) and/or foliage are located. Adjacent properties shall include the ten twenty (4-020) closest lots within the City of Rancho Palos Verdes, which are on the same street, directly abutting and adjacent to the property where the tree and/or foliage are located. Notice of denial shall be given only to the applicant. 2. When the foliage is located in a City park, notice of the director's decision shall be given only to the applicant. 3. Notice of the permit determination to qrant the application shall be posted by City Staff on a conspicuous location on each tree that is the sub iect of an application decision. For trees located on City property, notice of the determination shall not be posted on any tree where the Director determines that access to said tree is too difficult or hazardous to post the notice. H. Appeals. Any interested person receiving notice of the director's decision may appeal the decision to the planning commission, in writing, within fifteen calendar days of the director's decision. Pursuant to Section 17.02.040(C)(2)(g) of the Municipal Code, the decision of the planning commission on such an appeal may be appealed to the City Council. Any appeal must be accompanied by payment of the appropriate appeal fee, as established by City Council resolution. No city tree review permit shall be effective until all applicable appeal periods have been exhausted. Section 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. , The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions; sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Ordinance No. 547 Page 5of6 Section 7: The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City of Rancho Palos Verdes. Section 8: This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the 31St day after its passage. PASSED, APPROVED, AND ADOPTED this 1st day of October 2013. c� -Mayor Attest: Citi Clerk Stale of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 547 passed first reading on September 17, 2013, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on October 1, 2013, and that the same was passed and adopted by the following roll call vote: AYES: Campbell, Duhovic, Knight, Misetich and Mayor Brooks NOES: None ABSENT: None ABSTAIN: None City Clerk Ordinance No. 547 Page 6 of 6 EXHIBIT "A" Ordinance No. 547 (Addendum No. 7 to Negative Declaration) Project Background: On June 1, 2010, the City Council adopted Resolution No. 2010-43, thereby adopting a Negative Declaration for miscellaneous amendments to Title 17 of the City's Municipal Code to enact the Residential Development Standards Steering Committee Code Amendment and Zone Change (Ordinance No. 510). Prior to its adoption, the Negative Declaration was circulated for public comment from April 1, 2010, through May 1, 2010. In adopting the Negative Declaration, the City Council found that: 1) the Negative Declaration was prepared in the manner required by law and that there was no substantial evidence that, with appropriate mitigation measures, the approval of the Residential Development Standards Steering Committee Code Amendment and Zone Change (Case No. ZON2007-00377) would result in a significant adverse effect upon the environment; and 2) that the Residential Development Standards Steering Committee Code Amendment and Zone Change were consistent with the Rancho Palos Verdes General Plan and with the Coastal Specific Plan. On September 21, 2010, the City Council adopted Ordinance No. 513U, thereby approving Addendum No. 1 to the certified ND, to make minor changes to Chapter 17.38 of the Development Code to correct the omission of Specific Plan District VII, and to change the designation of specific plan districts from numbered to descriptive titles. On November 15, 2011, the City Council adopted Ordinance No. 529, thereby approving Addendum No. 2 to the certified ND and approving miscellaneous "clean-up" code amendments to Title 17 (Zoning) of the City's Development Code which clarified code language, removed code language discrepancies, and codified existing policy procedures and/or application requirements. On February 7, 2012, the City Council adopted Ordinance No. 532, thereby approved Addendum No. 3 to the certified ND and approving a change in the allowable movement of an open space hazard boundary line from thirty feet to one hundred feet through an interpretation procedure. On April 3, 2012, the City Council approved adopted Ordinance No. 535, thereby approving Addendum No. 4 to the Certified ND for a code amendment to revise Chapters 17.02, 17.04, and 17.98 of the Municipal Code to regulate the number of residential garage sales. On July 16, 2013, the City Council approved Resolution No. 2013-48 that approved Addendum No. 5 to the Certified ND for a proposed code amendment to revise Chapter 17.76.030 of the Development Code pertaining to the Fences, Walls and Hedges permits. Finally, on August 6, 2013, in consideration of a proposed code amendment to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), the City Council approved Addendum No. 6 to the certified ND for Ordinance No. 510. Proposed Amendments: The proposed code amendment to revise Chapter 17.76.100 of the Municipal Code (City Tree Review Permit) would revise code language to expand public notification of City Tree Review Permit approvals, clarify that only City of Rancho Palos Verdes property owners are notified of the permit decisions and require City Tree Review Permit decisions to be posted on City trees subject to a permit's approval. Purpose: This Addendum to the previously-certified Negative Declaration is being prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines which allows for the lead agency to prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or Negative Declaration have occurred. Pursuant to CEQA Section 15162, no subsequent Negative Declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project that will required major revisions of the previous Negative Declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will required major revisions of the previous Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity or previously identified significant effects; or, 3. New information of substantial importance identifies one or more significant effects not discussed in the previous Negative Declaration, significant effects previously examined will be substantially more severe than shown in the previous Negative Declaration, mitigation measures or alternative previously found not to be feasible or not analyzed in the Negative Declaration would be feasible and would substantially reduce one or more significant effects but the project proponents decline to adopt a measure or alternative. Findings Regarding the Proposed Project Revisions: Staff analyzed the proposed code amendment revisions to Section 17.76.100 to determine if any impacts would result. The Planning Commission has independently reviewed this item and has determined that, pursuant to CEQA Guidelines Section 15162, a new Negative Declaration is not required for this revision because the proposed amendments will not result in any new significant environmental effects: 1. The proposed revisions do not result in any new significant environmental effects and, like Ordinance No. 510, 513U, 529, 532, 535, and 546 no significant impacts have been identified. The revisions to Title 17 (Zoning) do not present new significant environmental impacts because they merely modify or clarify certain requirements and/or codify policy procedures application requirements. Therefore, the proposed revisions do not represent a substantial change in the code, and will not result in new significant environmental impacts or a substantial increase in the severity of any impacts. 2. The proposed revisions will not result in any significant environmental impacts, and the circumstances under which the project is being undertaken have not substantially changed since the CEQA determination was made for Ordinance No. 510. The scope of the proposed revisions relate to minor modifications that merely modify or clarify certain Ordinance No. 547 Exhibit A Page 2 of 3 requirements and/or codify policies and procedures that are currently in place. There are no changes with respect to the circumstances under which the revisions are undertaken that will require major revisions of the previous Negative Declaration. 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Negative Declaration was adopted, identifies a significant environmental effect. Because the proposed revisions would not result in any new or more severe environmental impacts than those associated with Ordinance No. 510, there is no need for new or substantially modified mitigation measures. Therefore, pursuant to CEQA, the City Council has independently reviewed this item and determines that other than the City Council's adoption of this Addendum No. 7, a new Negative Declaration is not required for this revision to the Municipal Code. Ordinance No. 547 Exhibit A Page 3 of 3 RANCHO PALOS VERDES STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on May 9, 2013, she caused to be posted the following document entitled: ORDINANCE NO. 5477 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN ORDINANCE AMENDING RPVMC SECTION 17.76.100(G)(1) TO INCREASE PUBLIC NOTIFICATION OF A CITY TREE REVIEW PERMIT DECISION TO THE 20 CLOSEST PROPERTIES;AMENDING RPVMC SECTION 17.76.100(G)(1)TO CLARIFY THAT THE NOTIFIED PROPERTIES ARE TO BE PROPERTIES LOCATED WITHIN THE CITY OF RANCHO PALOS VERDES; AND AMENDING RPVMC SECTION 17.76.100(G)(3) TO REQUIRE THE CITY TO POST A NOTICE OF DECISION ON EACH TREE SUBJECT TO PERMIT APPROVAL, WITH THE EXCEPTION OF POSTING NOTICES ON TREES LOCATED IN AREAS THAT ARE TOO DIFFICULT OR HAZARDOUS TO ACCESS (CASE NO.ZON2013-00239),a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. City Clerk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.547.doc