ORD 636 ORDINANCE NO. 636
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, AMENDING SECTIONS 12.08.040 & 12.08.050 OF
CHAPTER 12.08 ("TREES & SHRUBS") TO TITLE 12 ("STREETS,
SIDEWALKS & PUBLIC PLACES") AND SECTIONS 1.16.010 &
1.16.110 OF CHAPTER 1.16 ("ADMINISTRATIVE FINES") OF TITLE 1
("GENERAL PROVISIONS") OF THE RANCHO PALOS VERDES
MUNICIPAL CODE
WHEREAS, the City of Rancho Palos Verdes (the "City") is a general law city
and a political subdivision of the State of California and a municipal corporation; and
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the
City has the authority to adopt and enforce ordinances and regulations which are
designed to promote public health, safety and welfare and which are not in conflict with
general laws; and
WHEREAS, the City prides itself on its semi-rural character and desires to
protect the same from those who would, for their own private purposes, damage or
destroy City trees and shrubs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The foregoing Recitals are true and correct.
Section 2. Sections 12.08.040 & 12.08.050 of Chapter 12.08 ("Trees &
Shrubs") are hereby amended to read as follows (deleted text in & added
text in bold & italics):
"12.08.040 - Planting and removal by unauthorized persons prohibited.
No person shall plant, cut down, mutilate, injure, remove, or in any way
impair the natural growth of any tree planted or growing in, on, or along
any city street, on other city property, or within any city right of way,
or cause or permit the same to be done except as provided in this
chapter."
"12.08.050 - Planting or removal Permit required.
Any person desiring permission to plant, cut down, remove, or in any way
impair the natural growth of any tree planted or growing in, on, or
along any city street, on other city property, or within any city right
of way shall first make written application to the director of public works
for a permit therefor. The director may require all or any part of such
approved work approved by him to be performed by a licensed
contractor. The removal and replacement of trees shall be based on the
City's tree removal, replacement and maintenance policy."
Section 3. Sections 1.16.010 & 1.16.110 of Chapter 1.16 ("Administrative
Fines") are hereby amended to read as follows (deleted text in & added
text in bold & italics):
"1.16.010 - Scope.
This chapter provides for an administrative remedy for any violation of this
code, including, but not limited to, violations related to building,
plumbing, electrical, or other similar structural or zoning issues, violations
of chapter 12.08 of this code, or any violation of any condition of any
city approval. This remedy may be exercised in place of, or in addition to,
any administrative, criminal, civil, or equitable remedy allowed by law. The
city attorney or city prosecutor or their respective assistants shall have
sole discretion to determine whether a violation will be prosecuted
criminally."
1.16.110 - Administrative fine & remedy Citations and compliance
orders.
The fine imposed pursuant to this chapter for a particular violation shall be
in the amount set forth in the administrative citation penalty schedule
established by resolution of the city council;provided that, in the case of
a violation of chapter 12.08 of this code, there may be imposed an
order to replace the tree(s) of the same caliper as those cut down,
mutilated, injured, removed, or in any way impaired in its natural
growth, a fine as provided herein and, pursuant to Code of Civil
Procedure section 733, the imposition of treble the amount of
damage caused by the violation of such chapter, such damage to be
calculated based upon the appraised value of the damaged/removed
tree(s) by a licensed arborist. The administrative citation penalty
schedule shall specify the amount of any late payment charges imposed
for failure to timely pay the fine. For any violation of this code for which no
specific administrative penalty is established in this code or by the city
council, the fine shall be in the same amount as listed in Section 1.08.010
(Misdemeanors—Infractions—Nuisances) of this code.
Section 4. Adoption of this ordinance is exempt from the California
Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA
Guidelines, which provides that CEQA only applies to projects that have the potential for
causing a significant effect on the environment. It can be seen with certainty that there
is no possibility that adoption of this ordinance, adding a new chapter to the Rancho
Palos Verdes Municipal Code, will have a significant effect on the environment.
Therefore, adoption of this ordinance is not subject to CEQA.
01203 00061641697 2 Ordinance No 636
Page 2 of 3
Section 5. 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 6. The City Clerk shall cause this Ordinance to be posted in 3 public
places in the City within 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 7. This Ordinance shall take effect at 12:01 AM on the 31st day after
its passage.
PASSED, APPROVED, AND ADOPTED this 19th day of May 2020.
Joh ruikshank, Mayor
Attest:
Ctr11)1.4 NikA412?
EmilyColborn,
City Jerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, EMILY COLBORN, 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. 636 passed first reading on May 5, 2020, was duly and regularly adopted
by the City Council of said City at a regular meeting thereof held on May 19, 2020, and
that the same was passed and adopted by the following roll call vote:
AYES: Alegria, Bradley, Dyda, Ferraro and Mayor Cruikshank
NOES: None
ABSENT: None
ABSTAIN: Noneallittd142- 1 )",,
City erk
01203 0006/641697 2 Ordinance No. 636
Page 3 of 3
1n
Apr
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 City Clerk of
the City of Rancho Palos Verdes;
That on May 20, 2020, she caused to be posted the following document
entitled: ORDINANCE NO. 636, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, AMENDING SECTIONS
12.08.040 & 12.08.050 OF CHAPTER 12.08 ("TREES & SHRUBS") TO
TITLE 12 ("STREETS, SIDEWALKS & PUBLIC PLACES") AND
SECTIONS 1.16.010 & 1.16.110 OF CHAPTER 1.16
("ADMINISTRATIVE FINES") OF TITLE 1 ("GENERAL PROVISIONS")
OF THE RANCHO PALOS VERDES MUNICIPAL CODE,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.
Aug, sil;a
'tY Clerk