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ORD 569U ORDINANCE NO. 569U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PRECLUDING THE PROCESSING AND ISSUANCE OF CITY TREE REVIEW PERMITS WHILE NEW PROVISIONS OF THE MUNICIPAL CODE ARE EVALUATED AND ADOPTED. WHEREAS, the City previously established a process by which trees that are located on City-owned properties, including trees located within street rights-of-way, could be trimmed or removed to restore the views from other properties in the City; and WHEREAS, the City wishes to amend and simplify the process to remove or trim City-owned trees that are significantly impairing the views from other properties located in the City; 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 of Regulations, Title 14, Section 15061(b)(3) et seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), the City Council of the City of Rancho Palos Verdes has determined that there is no substantial evidence that approval of this Ordinance would result in a significant adverse effect on the environment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. The Community Development Department shall not accept an application for processing, continue to process any application, or issue any permit to allow a City resident to remove, trim or adopt any tree or foliage located on properties owned by the City, including street rights-of-way, that is filed pursuant to Section 17.76.100 of the Rancho Palos Verdes Municipal Code. Section 2. The City Council has reviewed and considered the moratorium on the processing or issuance of permits to residents to maintain City-owned trees and foliage and agreements to maintain City-owned trees and foliage and concurs that each of the recitals set forth above is true and correct and are hereby made a part of this urgency ordinance. Section 3. The City Council further finds that this urgency ordinance has no likelihood of causing a significant adverse impact on the environment and, accordingly, both the City Council's action of adopting this ordinance and the effects that arise from that adoption are found to be exempt from the application of the California Environmental Quality Act, as amended, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Title 14 CCR. 15061(b)(3).) This finding is premised on the fact that the adoption of this urgency ordinance will maintain the current condition of City-owned trees and foliage and any current environmental conditions pertaining to those trees and foliage and will not alter these environmental conditions while this ordinance is in effect. Section 4: In order to protect the public health, safety and welfare it is necessary for the City of Rancho Palos Verdes to adopt an urgency ordinance to establish a moratorium processing or issuance of permits and agreements to City residents that will allow them to trim City-owned trees and foliage while the City is establishing a consolidated and uniform process by which the City's Public Works Department will maintain City-owned trees and foliage in a manner that conforms with best practices for such maintenance and in a manner that will maintain views from the viewing areas of other properties located within the City. Therefore, this ordinance is necessary for the public health, safety and welfare and shall take effect immediately upon adoption as an Urgency Ordinance. Section 5: The Community Development Director and the City Clerk shall undertake all actions legally necessary to extend this interim ordinance in the event the direction desired by the this City Council will not be concluded on or before the forty-fifth day subsequent to the adoption of this interim ordinance. Section 6: The City Clerk of the City of Rancho Palos Verdes shall certify to the passage and adoption of this ordinance and shall cause the same to be posted in the manner required by law. PASSED, APPROVED AND ADOPTED this 30th day of June, 2015 re6 r ATTEST: City Clerk STATE 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. 569U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on June 30, 2015, and that the same was passed and adopted by the following roll call vote: AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight NOES: None ABSENT: None ABSTAIN: None Cm, L4., City Clerk 1848638v1 Ordinance No. 569U Page 2 of 2 CITY OF 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 July 2, 2015, she caused to be posted the following document entitled: ORDINANCE NO. 569U, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES PRECLUDING THE PROCESSING AND ISSUANCE OF CITY TREE REVIEW PERMITS WHILE NEW PROVISIONS OF THE MUNICIPAL CODE ARE EVALUATED AND ADOPTED, 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 I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. ,r3 C , W' 1L City Clerk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.569U.doc