ORD 575 ORDINANCE NO. 575
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
ADOPTING AN ORDINANCE 1) RESCINDING RPVMC SECTION
17.76.100, 2) DELETING REFERENCES TO THE CITY TREE REVIEW
PERMIT PROCEDURES CONTAINED IN SECTIONS 17.02.040(C)(2)(E)
AND 17.86.050(A)(2), AND 3) ADDING LANGUAGE TO SECTION
17.80.030 TO CLARIFY THE APPEAL PROCESS FOR CITY
DECISIONS INVOLVING THE TRIMMING OR REMOVAL OF CITY
TREES (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 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,
01203.0005/275942.1 Ordinance No.575
Page 1 of 8
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, notice of a City Council public hearing on the
proposed amendments to Title 17 of the Municipal Code was published in the Palos
Verdes Peninsula News; and,
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 Regulations, Title 14, Section 15000 et seq., and the City's
Local CEQA Guidelines, the City determined that there is no substantial evidence that
the code amendment would result in a significant adverse effect on the environment.
Accordingly, the City Council adopted Resolution No. 2015-106 certifying Addendum
No. 9 to the Negative Declaration for Ordinance No. 510; 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: The amendments to Title 17 of the Municipal Code are consistent
with the zoning amendment procedure in California Government Code Section 65853.
Section 2: The City Council 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
01203.0005/275942.1 Ordinance No.575
Page 2 of 8
place or will be otherwise improved on have the same environmental effect as the
rescinded City Tree Review Permit procedure. Accordingly, the City Council hereby
adopts an Addendum (No.9) to the prior Council-approved Negative Declaration, which
is attached hereto as Exhibit "A," in compliance with the requirements of the California
Environmental Quality Act.
Section 3: That the amendments to Title 17 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 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
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 and underlined text is for
new language):
17.76.100—City Tree Review Permit
A
13,
■ • ■e •- . - •- e . • •.• e .• - • •
•
impaired
7
01203.0005/275942.1 Ordinance No.575
Page 3 of 8
and
4-
1
T
•
w r•• •r• • • r w;
of-wayf
• � r r r • r • r� • • r • • . • • r•
•
e e e- •• e- a •• - • • -•ae -• • • •.-e •- • • •-• •a•• ••a •
be met:
yr r r . yr • • • e • r
01203.0005/275942.1 Ordinance No.575
Page 4 of 8
sidewalk;_et-};
7
V7
I• 7 • • I I I- • I • • I •
2
• I • • • .• e..._ • I yr• e-
.1
I
a'
• •I • 7 yr I I • I I
b
�. •I I• • . • • • I• 7 r I I I I • •
T
I I I I I 7 I • I 7 I •
•= = • • e A - = -= 1 =' -• = ••-••- • ••_e-
• •- •- e_-_ •
I I 7 I • I I •
2
the-apiatiGant
27
01203.0005/275942.1 Ordinance No.575
Page 5 of 8
TT
Section-1-7,02,,Q4$ • - •_ •• / • -•- •- •_ -• - •.. - •• •• -e•••••-•e• -/ •
(Ord. 415§4, 2005: Ord. 320§ 7 (part), 1997)
(Ord. No. 547, § 5, 10-1-13)
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 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., -- -= -_ - - •_•-•_ - - _ _:_ •-- e ___ • e •= _• --
• •- ••• - ----- - --- _••=e •• --- •-• -• •• _• - z •- ••• .
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 and underlined text is for
new 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
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 (strike out text is for removed language and underlined text is for new
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.
01203.0005/275942.1 Ordinance No.575
Page 6 of 8
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: 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 10: 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
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 11: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the 31st day after its passage.
PASSED, APPROVED, AND ADOPTED this 15th day of December 2015.
Ma/•r
Attest:
/At. .t,
City Clerk
01203.0005/275942.1 Ordinance No.575
Page 7 of 8
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. 575 passed first reading on December 1, 2015, was duly and regularly
adopted by the City Council of said City at a regular meeting thereof held on December
15, 2015, and that the same was passed and adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Dyda
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk
01203.0005/275942.1 Ordinance No.575
Page 8 of 8
EXHIBIT "A"
ORDINANCE NO. 575
(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 reference to the City Tree Review
Ordinance No. 575
Exhibit A
Page 1 of 3
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 require 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 City Council 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 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
Ordinance No. 575
Exhibit A
Page 2 of 3
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 City Council finds that no further environmental review is
necessary other than the City Council's adoption of this Addendum No. 9.
Ordinance No. 575
Exhibit A
Page 3 of 3
.44
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 December 16, 2015, she caused to be posted the following document
entitled: ORDINANCE NO.575,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES ADOPTING AN ORDINANCE 1) RESCINDING RPVMC
SECTION 17.76.100, 2) DELETING REFERENCES TO THE CITY TREE
REVIEW PERMIT PROCEDURES CONTAINED IN SECTIONS
17.02.040(C)(2)(E)AND 17.86.050(A)(2), AND 3)ADDING LANGUAGE TO
SECTION 17.80.030 TO CLARIFY THE APPEAL PROCESS FOR CITY
DECISIONS INVOLVING THE TRIMMING OR REMOVAL OF CITY TREES
(CASE NO. ZON2015-00383), 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 re and correct affidavit of
posting.
LAid Alce
City Clerk