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PC RES 2021-017 P.C. RESOLUTION NO. 2021-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING THAT THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS TO CHAPTER 17.48 (LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE TREEHOUSES (CASE NO. PLCA2021-0001) WHEREAS, the City currently does not have specific guidelines in place to review treehouse development proposals and in most cases, Planning Division approval is not required as treehouses are not considered a "structure" by the City's definition found in Section 17.96.2040 of the Rancho Palos Verdes Municipal Code (RPVMC); and WHEREAS, the City desires to amend the code to regulate treehouse development proposals with respect to construction of such structures on extreme slopes, view impacts, privacy infringement, and safety, among other considerations; and WHEREAS, Government Code Section 65858 expressly authorizes the City Council to adopt an Urgency Ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council; and WHEREAS, on February 2, 2021, the City Council adopted Urgency Ordinance No. 641 U, which imposed a temporary, 45-day moratorium on the acceptance or processing of applications, issuance of permits, and the construction of treehouses while the code is being amended; and WHEREAS, on March 2, 2021, the City Council adopted Urgency Ordinance No. 643U, to extend the moratorium period enacted by Interim Urgency Ordinance No. 641 U by an additional 10 months and 15 days, to allow Staff adequate time to research and prepare code amendment proceedings; and WHEREAS, on August 19, 2021, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be heard by the Planning Commission, pursuant to the requirements of the RPVMC; and WHEREAS, on September 14, 2021, the Planning Commission held a duly noticed public hearing, at which time the draft ordinance was reviewed and discussed among the Planning Commission, staff, and interested parties. The item was continued to a date uncertain to allow staff additional time to incorporate the input received; and WHEREAS, on October 7, 2021, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be heard by the Planning Commission, pursuant to the requirements of the RPVMC; and 01203 0005/747738 1 P C Resolution No 2021- 17 Page 1 of 8 WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed public hearing, at which time all interested parties were given an opportunity to be heard and present evidence on the draft ordinance. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES, HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: SECTION 1. The above recitals are true and correct and incorporated fully herein by reference. SECTION 2. The Planning Commission has reviewed and considered the proposed code amendments to Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of Title 17 (Zoning) of the RPVMC to regulate treehouses, as presented in `Exhibit A'. SECTION 3. The proposed amendment is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that they uphold, and not hinder, the goals and policies of those plans. SECTION 4. The proposed amendment is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed amendment is an action that does not have the potential to cause significant effects on the environment, but rather will supplement the regulations established in the City's Municipal Code. SECTION 4. For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby recommends to the City Council that an Ordinance be adopted entitled, "AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.48 (LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE TREEHOUSES". PASSED, APPROVED AND ADOPTED this 26th day of October, 2021. AYES: COMMISSIONERS CHURA, JAMES, LEON, SAADATNEJADI, SANTAROSA, VICE-CHAIR HAMILL, AND CHAIR PERESTAM NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE 01203 0005/747738 1 P C Resolution No.2021- 17 Page 2 of 8 ABSENT: / joy- Steph-n Perestam / Chair Ken Rukavina, PE, Director of Community Development Secretary of the Planning Commission 01203 0005n47738 1 P C Resolution No 2021- 17 Page 3 of 8 EXHIBIT "A" DRAFT ORDINANCE NO. Please see attached 01203 0005/747738 1 P.0 Resolution No 2021- 17 Page 4 of 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 17.48 (LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT) OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE TREEHOUSES WHEREAS, the City currently does not have specific guidelines in place to review treehouse development proposals and in most cases, Planning Division approval is not required as treehouses are not considered ,a "structure" by the City's definition found in Section 17.96.2040 of the Rancho Palos Verdes Municipal Code (RPVMC); and WHEREAS, the City desires to amend the code to regulate treehouse development proposals with respect to construction of such structures on extreme slopes, view impacts, privacy infringement, and safety, among other considerations; and WHEREAS, Government Code Section 65858 expressly authorizes the City Council to adopt an Urgency Ordinance for the immediate preservation of the public peace, health, or safety, if the ordinance is approved by four-fifths of the City Council; and WHEREAS, on February 2, 2021, the City Council adopted Urgency Ordinance No. 641U, which imposed a temporary, 45-day moratorium on the acceptance or processing of applications, issuance of permits, and the construction of treehouses while the code is being amended; and WHEREAS, on March 2, 2021, the City Council adopted Urgency Ordinance No. 643U, to extend the moratorium period enacted by Interim Urgency Ordinance No. 641U by an additional 10 months and 15 days, to allow Staff adequate time to research and prepare code amendment proceedings; and WHEREAS, on August 19, 2021, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be heard by the Planning Commission, pursuant to the requirements of the RPVMC; and WHEREAS, on September 14, 2021, the Planning Commission held a duly noticed public hearing, at which time the draft ordinance was reviewed and discussed among the Planning Commission, staff, and interested parties. The item was continued to a date uncertain to allow staff additional time to incorporate the input received; and WHEREAS, on October 7, 2021, a public notice was published in the Palos Verdes Peninsula News and sent out to interested parties, announcing code amendment proceedings to be heard by the Planning Commission, pursuant to the requirements of the RPVMC; and 01203 0005/747738 1 P C. Resolution No.2021- 17 Page 5 of 8 WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed public hearing, and adopted P C Resolution No. 2021- , recommending that the City Council adopt this Ordinance; and WHEREAS, on , a public notice was published in the Palos Verdes Peninsula News, providing a notice of a public hearing before the City Council on ; and WHEREAS, on , the City Council conducted a duly noticed public hearing on this Ordinance, and all testimony was received was made a part of the public record; and WHEREAS, the City Council has duly considered all information presented to it, including the Planning Commission findings, P.C. Resolution No. 2021- , written staff reports, and any testimony provided at the public hearing; and WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Rancho Palos Verdes hereby makes the following findings: A. The above recitals are true and correct and incorporated fully herein by reference. B. It is the intent and purpose of this Ordinance that Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of Title 17 (Zoning) of the RPVMC be amended to regulate treehouses. SECTION 2. The proposed code amendment to Title 17 adopted herein is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans. SECTION 3. Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of Title 17 (Zoning) of the RPVMC is hereby amended as follows (new text in bold underline): Chapter 17.48. (Lots, Setbacks, Open Space Area and Building Height) Section 17.48.050 (Building Height) D. Accessory Structures. Decks, playhouses, treehouses, detached garages, pools or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flag poles, stand-alone chimneys or any structures or buildings which are physically detached and incidental to the use of the main building are considered accessory structures. Such accessory structures shall be limited to 12 feet in height, as measured from the lowest preconstruction grade adjacent to the foundation wall to the ridge. Treehouses shall be measured from the lowest base of the tree to 01203 0005/747738 1 P C Resolution No 2021- 17 Page 6 of 8 the ridge or railing, whichever is higher. In cases of uncertainty, the director shall determine whether a structure is detached and incidental to the use of the primary structure. The director's decision may be appealed to the planning commission, and the planning commission's decision may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). Upon a finding by the director that a detached garage, stand-alone chimney, treehouse, or a flag pole will have no significant impact on views from adjacent properties, the garage, stand alone chimney, treehouse, or flag pole may be exempted from the 12-foot height limitation, but shall comply with any other height limitations of this Code. Section 17.48.080 (Treehouse) A. Definitions "Treehouse" means a structure, including but not limited to a playhouse or decks with or without vertical supports in or on top of the ground, built among the branches of a tree, or which is built around or against a tree. B. Treehouses up to 64 square feet with the floor of the treehouse less than 8 feet above adjacent grade, measured from the lowest base of the tree, will be exempt from subsection (C), below. C. Treehouses exceeding 64 square feet located on trees are allowed in single- family residential zoning districts through a Site Plan Review application, provided that the treehouse meets all the following requirements: 1. It does not exceed 120 square feet per tree or per half acre. 2. It has no electrical or plumbing connections. 3. It complies with the required setbacks and accessory structure height standards for the designated zoning district. 4. It will not have a significant impact on views from adjacent properties per Section 17.02.040 or from public viewing areas identified in the City's General Plan or Coastal Specific Plan, and will not create an unreasonable infringement of privacy on the occupants of abutting residences. A silhouette may be required to conduct a view impact and/or privacy assessment at the discretion of the director. SECTION 4. This ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will supplement the regulations established in the City's Municipal Code. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed 01203 0005/747738 1 P.C. Resolution No 2021- 17 Page 7 of 8 this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance, and shall make a minute of the passage and adoption thereof in the records of and the proceedings of the City Council at which the same is passed and adopted. This Ordinance shall take effect immediately, pursuant to the authority conferred upon the City Council by Government Code Section 36937. The City Clerk shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933 in a newspaper of general circulation which is hereby designated for that purpose. SECTION 7. Effective Date. This Ordinance shall go into effect on the 31st day after its passage. PASSED, APPROVED AND ADOPTED this day of , 2021. Eric Alegna, Mayor Attest: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the above Resolution No. 2021- , was duly-adopted by the City Council of said City at a regular meeting thereof held on , 2021. AYES: NOES: ABSENT: ABSTAIN: Teresa Takaoka, City Clerk 01203 0005/747738 1 P C Resolution No 2021- 17 Page 8 of 8