ORD 583 ORDINANCE NO. 583
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADDING
SECTION 12.08.110 TO CHAPTER 12.08 OF THE MUNICIPAL CODE
TO ESTABLISH A PROCEDURE FOR THE TRIMMING OR REMOVAL
OF VIEW-IMPAIRING CITY TREES.
WHEREAS, all City trees, whether in the City's rights-of-way or on City-owned
property, are maintained by the Public Works Department; and,
WHEREAS, on November 19, 2013, Mayor Pro Tem 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
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 adopted P.C.
Resolution No. 2015-18, thereby recommending that the City Council adopt an
ordinance to rescind Chapter 17.76, Section 100 of the City's Municipal Code, 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; and,
WHEREAS, on November 5, 2015, a 15-day public notice on the proposed
amendments to the Municipal Code was published in the Palos Verdes Peninsula
News; and,
WHEREAS, on December 1, 2015, the City Council held a public hearing, at
which time all interested parties were given an opportunity to be heard and present
evidence, and after which the City Council adopted an ordinance to rescind Chapter
17.76, Section 100 of the City's Municipal Code, 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;
and,
WHEREAS, on December 1, 2015 the City Council adopted an interim procedure
to respond to requests to trim or remove view-impairing City trees; and,
WHEREAS, the City Council now wishes to codify its procedure to trim or remove
view-impairing City trees; and,
WHEREAS, the City desires the ability to respond quickly and efficiently to
requests to address view-impairing City trees and to maintain trees in the public rights-
of-way and on City-owned properties; and,
WHEREAS, on June 21, 2016, Ordinance No. 583 was introduced by the City
Council of the City of Rancho Palos Verdes at a duly-noticed public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The City Council finds that the amendments to Chapter 12.08 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 automatically be removed, as is the current procedure.
Ordinance No. 583
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Section 2: The City Council finds that pursuant to Section 15301 of the
California Environmental Quality Act (CEQA), the proposed project is categorically
exempt under Class 1 of that section because the proposed code amendments involve
City tree trimming maintenance of existing public landscaping and native growth. The
proposed code amendments codify a process that results in customized tree trimming
for select City owned trees that cause view impairments. The environmental effects due
to trimming are considered to be insignificant because code amendment only applies to
a nominal proportion of City-owned trees. Therefore, the code amendment complies
with the provisions of CEQA because the amendments do not have a significant effect
on the environment, thus categorically exempt from the provisions of CEQA. The project
is also categorically exempt under Class 8 of Sections 15307 and 15308 of CEQA
because the proposed code amendment assures the maintenance, restoration,
enhancement of the environment by establishing a regulatory process that involves
procedures for protection of the environment. The proposed amendments codifies a
procedure that involves the discretionary review of City trees' impairment of views,
which are objects of visual and aesthetic significance. The code amendment replaces a
rescinded City municipal code that called for the removal of view-impairing City trees.
This code amendment proposes a new procedure that allows the City the discretion to
review each view-impairing City tree for customized tree trimming maintenance and/or
removal and replacement should removal and replacement be necessary to protect
views, which are objects of aesthetic significance. The environmental effects due to
trimming or removal are considered to be insignificant because code amendment only
applies to a nominal proportion of City-owned trees and for those infrequent occasions
when trees are removed, they will be replaced. Therefore, the code amendment
complies with the provisions of CEQA because the amendments do not have a
significant effect on the environment, thus categorically exempt from the provisions of
CEQA.
Section 3: Section 12.08.110 is hereby added to Chapter 12.08 of the
Municipal Code to read as follows:
12.08.110 View Impairing City trees
A_. Purpose. This Chapter provides a procedure for the trimming and/or
removal of trees 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. Procedure.
1. A request to trim or remove a view-impairing city tree shall be
directed to the Public Works Department.
2. City Staff shall investigate the request to confirm whether the
subject view impairing tree(s) is located within the public right-of-
Ordinance No. 583
Page 3 of 5
way or on City property. Staff will also investigate whether the
impairing tree is a city tree.
3. If confirmed to be a City tree, the case shall be forwarded to the
planners in the Community Development Department assigned to
view restoration to conduct a view analysis of the subject tree(s).
The planners shall assess whether the subject tree(s) significantly
impair(s) the view from the applicant's viewing area and prepares a
memo with their findings.
4. The planner who conducts the view analysis shall provide a memo
to the Public Works Department which explains the results of the
view analysis and makes tree trimming recommendations. Tree
trimming, and in some cases tree removal, recommendations shall
be made to maintain healthy City trees. However, in cases where
tree removal may be the only option to eliminate the significant view
impairment, Public Works will recommend a replacement tree. In
the event that a resident disagrees with the recommendation of the
view analysis or subsequent action, a resident may submit their
appeal within two weeks of notification to the City Council in
accordance with Municipal Code Section 12.08.100.
5. Tree trimming and removal practices shall be carried out in
accordance with Municipal Code Chapter 12.08 — Trees & Shrubs.
Pursuant to Section 12.08.100, no person shall prevent, delay or
interfere with the Director of Public Works, or any of his or her
assistants, in the execution or enforcement of Chapter 12.08. Any
resident has the right to appeal any action by the Director of Public
Works pertaining to this interim process. The right of appeal shall
be submitted to the City Council whose decision, after public
hearing of said matter, shall be final and conclusive.
Section 4: 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.
Section 5: 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
Ordinance No. 583
Page 4 of 5
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 6: This Ordinance shall go into effect and be in full force and effect on
the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED this 19th day of July 2016.
May•
Attest:
klei&
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. 583 passed first reading on June 21, 2016, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on July 19,
2016, and that the same was passed and adopted by the following roll call vote:
AYES: Brooks, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: Campbell
ABSTAIN: None
Ce(k- I 7
City Clerk
Ordinance No. 583
Page 5 of 5
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 21, 2016, she caused to be posted the following document
entitled: ORDINANCE NO. 583,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADDING SECTION 12.08.110 TO CHAPTER 12.08 OF
THE MUNICIPAL CODE TO ESTABLISH A PROCEDURE FOR THE
TRIMMING OR REMOVAL OF VIEW-IMPAIRING CITY TREES, 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.
akgi //'
City Clerk