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PC RES 2015-018 P.C. RESOLUTION NO. 2015-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ADDENDUM TO THE PREVIOUSLY COUNCIL- ADOPTED NEGATIVE DECLARATION AND AN ORDINANCE AMENDING RANCHO PALOS VERDES MUNICIPAL CODE TO RESCIND FROM CHAPTER 17.76, SECTION 100, CITY TREE REVIEW PERMIT AND DELETE REFERENCES TO THE CITY TREE REVIEW PERMIT PROCEDURES CONTAINED IN SECTIONS 17.02.040(C)(2)(e) AND 17.86.050(A)(2) AND ADD APPEAL EXEMPTION LANGUAGE TO SECTION 17.80.030 OF THE CITY'S MUNICIPAL CODE (CASE NO. ZON2015-00383). WHEREAS, Chapter 76.100 of Title 17 of the Rancho Palos Verdes Municipal Code (the "Municipal Code") sets forth various procedures and regulations regarding City Tree Review Permit applications; and, WHEREAS, on November 19, 2013, Mayor Pro Tern Brooks presented a study session item for the Council to consider agendizing an item to discuss proposed changes to the current City tree trimming and maintenance practices, at which time, the Council directed Staff to review the current City tree trimming and maintenance practices for improvements; and, WHEREAS, on June 17, 2014, Staff presented to the City Council an overview of the Public Works Department's City street tree trimming maintenance practices and the Community Development Department's City Tree Review Permit procedure pertaining to view impairing City trees. After hearing Staffs presentation, the City Council directed Staff to hold public workshops with the goal of creating a proposal that would reconcile the Departments practices and procedures; and, WHEREAS, on June 30, 2015, after the numerous public workshops were held by the City, and after receiving feedback and suggestions from the public, Staff presented a proposal to the City Council that considered eliminating the City Tree Review Permit process from the Development Code (Title 17) and to introduce a view restoration analysis component into the existing Public Work's Department City-owned tree trimming and maintenance policy; and, WHEREAS, the City Council on June 30, 2015 initiated a code amendment to make the appropriate changes to Title 17 of the Rancho Palos Verdes Municipal Code, namely Section 17.76.100 (City Tree Review Permit); and, WHEREAS, pursuant to Title 17 of the Rancho Palos Verdes Municipal Code, Section 17.68.040 the Planning Commission must consider any proposed code amendment; and P.C. Resolution No. 2015-18 Page 1 WHEREAS, on August 13, 2015, a 30-day public notice on the proposed amendments to the Municipal Code was published in the Palos Verdes Peninsula News; and, WHEREAS, on September 8, 2015, the Planning Commission held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence, then continued the public hearing to September 22, 2015; and WHEREAS, on September 22, 2015, the Planning Commission held a public hearing, at which time all interested parties were given an opportunity to be heard and present evidence, then continued the public hearing to October 27, 2015; and WHEREAS, on October 27, 2015, the Planning Commission held a continued public hearing; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 2: That the removal of Chapter 17.76 section 100, and the amendments of Section 17.02.040(C)(2)(e), Section 17.86.050(A)(2), and Section 17.80.030 of the Municipal Code 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. Section 3: The Planning Commission 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 in the Negative Declaration adopted in conjunction with Ordinance No. 510 for amendments to Title 17 of the Municipal Code, because the practices and procedures of the rescinded City Tree Review Permit procedure will be replaced with the existing City street tree practices, policies and procedures that are in place and administered by the City's Public Works Department. The Public Works Department's City street tree practices, policies and procedures that are currently in place or will be otherwise improved on, have the same environmental effect as the rescinded City Tree Review Permit procedure. Accordingly, the Planning Commission hereby recommends that the City Council adopt an Addendum (No.9) to the prior Council-approved Negative Declaration, which is attached hereto as Exhibit "A," complies with the requirements of the California Environmental Quality Act. P.C. Resolution No. 2015-18 Page 2 Section 4: That the amendments to Chapter 17.76, Section 100, Section 17.02.040(C)(2)(e), Section 17.86.050(A)(2), and Section 17.80.030 of the Municipal Code will preserve the public health, safety, and general welfare achieved by preventing the needless impairment of views from vista points and view lots, as the proposed amendments will streamline the process and procedures to have view impairing City trees trimmed or removed. The proposed amendments will further preserve more trees in the community because City- owned, view impairing trees, will not be automatically be removed, as is the current procedure. Section 5: That Chapter 17.76, Section 100 of the Municipal Code, be hereby rescinded as follows (strike—out text is for removed language): 17.76.100—City Tree Review Permit 8 G 07 T 1 27 1 1 4 87 .• . 1 •- •• • - ••• 1 I/ 1 •- - - -r ••• •• r- 0 •e• _ •• title. F P.C. Resolution No. 2015-18 Page 3 • • •• ••_ • - e - - • • • • • - -r - •- •• -• e • •. a •• • • ••• • •- _• • ••-r a -• -••-• - _-• _ •_ a H 1 b G 1 H {street, curb, sidewalk, etc.); - -- - - - - - -- SUGh-mainteRaRGe 1 T P.C. Resolution No. 2015-18 Page 4 2 a- tree-and/or-foliage, 67 -• �- e- e - -= a -- •e . e•-e- e •••. -.•. '= = it shall be performed by the city. 2 Am-.•- e•_.- • -. •. . •e - 0 e• - e 1 e- •.. . .- 3 hazardous to post the notice. H periods have been exhausted. (Ord. 415§4, 2005: Ord. 320§ 7 (part), 1997) {Ord. No. 547, §5, 10-1-13) P.C. Resolution No. 2015-18 Page 5 Section 6: That Section 17.02.040(C)(2)(e) of the Municipal Code is hereby amended as follows (strike-out text is for removed language, and bold and underlined text is for new language): e. To the extent legally permissible, trees or foliage on property owned by any governmental entity, except the city and the Miraleste recreation and park district, shall be subject to view restoration control, as per the provisions of this section; except, that the foliage shall be trimmed or removed thirty calendar days following issuance of the notice. Trees and/or foliage located on city property, or in the public right-of-way, as defined in Chapter 17.96 (Definitions), shall be subject to view restoration control-,—as per the Section 7: That Section 17.86.050(A)(2) of the Municipal Code is hereby amended as follows (strike-out text is for removed language): A. The city shall not accept for processing or grant: 1. Any application for a development, use or other permit or entitlement on any lot or parcel on which the director has verified that a violation of this Code exists; or 2. A view restoration or a view preservation application fora city tree review permit submitted by the owner of a lot or parcel on which the director has verified that a violation of this Code exists. Section 8: That Section 17.80.030 of the Municipal Code is hereby amended as follows (underlined text is for added language): A. Unless otherwise expressly provided in Title 16 or Title 17 of this Code, any decision made by the director pursuant to Title 16 or Title 17 of this Code may be appealed to the planning commission and any decision made by the planning commission or view restoration commission pursuant to Title 16 or Title 17 of this Code, with the exception of decisions described in subsection C below, may be appealed to the city council. B. The director is designated as a zoning administrator pursuant to Section 65900 of the California Government Code with respect to these decisions which may be rendered by that officer or his or her designees pursuant to this Title 17. When acting as a zoning administrator pursuant to this subsection B, the director shall exercise the authority conferred by this title and authorized by Section 65901 of the California Government Code. C. Any view assessment or trimming/removal determinations made by the Director in association with the processing of applications by the Public Works Department for the trimming or removal of City trees are not appealable to the Planning Commission since such Public Works Department decisions are appealable to the City Council pursuant to Municipal Code section 12.08.100. Section 9: For the foregoing reasons, and based on the information and findings included in the Staff Report, the testimony and evidence presented at the public hearings, minutes, and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends that the P.C. Resolution No. 2015-18 Page 6 City Council adopt Addendum No. 9 to the previously Council-adopted Negative Declaration and an Ordinance amending Title 17 of the City's Municipal Code pertaining to the City Tree Review Permit procedures. PASSED, APPROVED, AND ADOPTED this 27th day of October 2015, by the following vote: AYES: Commissioners Cruikshank, Emenhiser, Gerstner, James, Leon, Vice Chairman Tomblin, Chairman Nelson NOES: None ABSTENTION: None ABSENT: None RECUSALS: None \•-d Bob Nelson Chairman Joel Roj. ' ICP Commu Bevelopmg Director; and Secreta , • the Planning Commission P.C. Resolution No. 2015- 18 Page 7 EXHIBIT "A" (Addendum No. 9 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 code amendment to revise Chapter 17.76.030 of the Development Code pertaining to the Fences, Walls and Hedges permits. On August 6, 2013, the City Council adopted Ordinance No. 510 that approved Addendum No. 6 to the Certified ND for a code amendment to revise Chapter 17.76.030(F) of the Development Code pertaining to arterial walls and fences. On September 17, 2013, the City Council adopted Ordinance No. 547 that approved Addendum No. 7 to the Certified ND for a code amendment to revise Chapter 17.76.100 of the Development Code pertaining to the City Tree Review Permits. On March 18, 2014, the City Council adopted Ordinance No. 546 that approved Addendum No. 8 to the Certified ND for a code amendment to revise Section 17.76.030 of the Development Code pertaining to Fences, Walls and Hedges. Proposed Amendments: The proposed code amendment to rescind Chapter 17.76.100 of the Municipal Code (City Tree Review Permit) and to amend Section 17.02.040(C)(2)(e) and Section 17.86.050(A)(2) of the Municipal Code eliminating the City Tree Review Permit procedure and those sections of the code that makes P.C. Resolution No. 2015-18 Page 8 reference to the City Tree Review Permit procedure in order to transfer City tree trimming and removal, for the purposes of view restoration, to the City's Public Works Department. In addition, the proposed code amendment adds language to Municipal Code Section 17.80.030 exempting appeal rights for determinations made by the Community Development Director for view determinations specific to city- owned trees. Purpose: This Addendum to the previously Council-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 Title 17, namely 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 the practices and procedures of the rescinded City Tree Review Permit procedure will be P.C. Resolution No. 2015-18 Page 9 replaced with the existing City street tree practices, policies and procedures that are in place and administered by the City's Public Works Department. 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 rescinded Section 17.76.100 is to be replaced with existing City street tree maintenance practices, 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 Planning Commission finds that no further environmental review is necessary other than the City Council's adoption of this Addendum No. 9. P.C. Resolution No. 2015-18 Page 10