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CC RES 2015-106 RESOLUTION NO. 2015-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES CERTIFYING ADDENDUM NO. 9 TO THE NEGATIVE DECLARATION FOR ORDINANCE NO. 510, FOR A CODE AMENDMENT TO RESCIND RPVMC CHAPTER 17.76.100 (CITY TREE REVIEW PERMIT) AND 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 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, 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 Steering Committee Code Amendment and Zone Change (Ordinance No. 510) and, WHEREAS, on September 21, 2010, the City Council adopted Addendum No. 1 to the certified Negative Declaration (ND) for Ordinance No. 510 and adopted Ordinance No. 513U, approving 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; and, WHEREAS, on November 15, 2011, the City Council adopted Addendum No. 2 to the certified Negative Declaration (ND) for Ordinance No. 510 and adopted Ordinance No. 529, 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; and, WHEREAS, 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; and, WHEREAS, 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; and, WHEREAS, on July 16, 2013, in consideration of a proposed code amendment to RPVMC Section 17.76.030 (Fences, Walls and Hedges), the City Council adopted Resolution No. 2013-48, thereby approving Addendum No. 5 to the certified ND for Ordinance No. 510; and, 01203.0005/275945.1 WHEREAS, on August 6, 2013, in consideration of a proposed code amendment to RPVMC Section 17.76.030(F) (Arterial Walls and Fences), the City Council approved Addendum No. 6 to the certified ND for Ordinance No. 510; and, WHEREAS, on September 17, 2013, the City Council adopted Ordinance No. 547, thereby approved Addendum No. 7 to the certified ND and approving a code amendment to revise Chapter 17.76.100 of the Development Code pertaining to the City Tree Review Permits; and, WHEREAS, on March 18, 2014, the City Council adopted Ordinance No. 546, thereby approved Addendum No. 8 to the certified ND and approving a code amendment to revise Section 17.76.030 of the Development Code pertaining to Fences, Walls and Hedges; and, WHEREAS, Section 17.76.100 of Title 17 of the Rancho Palos Verdes Municipal Code sets forth various procedures and regulations regarding City Tree Review Permits; 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 Staff's 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 01203.0005/275945.1 Resolution No. 2015-106 Page 2 of 5 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, after notice was issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly noticed public hearings on September 8, 2015 and September 22, 2015, at which time Staff presented a proposal to rescind Municipal Code Section 17.76.100 (City Tree Review Permit), amend related code sections and presented an interim city tree process for handling view impairing City trees that is to be administer by the City's Public Works Department. After reviewing and discussing the matter, the Planning Commission continued the public hearing to October 27, 2015; and, WHEREAS, on October 27, 2013, the Planning Commission adopted P.C. Resolution No. 2015-18, thereby recommending that the City Council adopt Addendum No. 9 to the previously Council-adopted Negative Declaration and an Ordinance amending the 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; 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 amendments would result in a significant adverse effect on the environment. Accordingly, Addendum No. 9 to the Negative Declaration for Ordinance No. 510, has been prepared; 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: Addendum No. 9 is for an environmental assessment in conjunction with a code amendment that rescinds Municipal Code Section 17.76.100, the City Tree Review Permit procedures and deletes references to the City Tree Review Permit procedures contained in sections 17.02.040(C)(2)(e) and 17.86.050(A)(2) and adds appeal exemption language to Section 7.80.030 of the City's Municipal Code. 01203.0005/275945.1 Resolution No. 2015-106 Page 3 of 5 Section 2: In approving Addendum No. 9 to the Negative Declaration for Ordinance No. 510, the City Council has reviewed and considered the Addendum No. 9 document, attached hereto and made a part thereof as Exhibit "A". Section 3: The Addendum No. 9 identifies no new significant adverse environmental impacts to the areas listed below: 1. Landform, Geology, and Soils 2. Hydrology and Drainage 3. Biological Resources 4. Cultural and Scientific Resources 5. Aesthetics 6. Land Use and Relevant Planning 7. Circulation and Traffic 8. Air Resources 9. Noise 10. Public Services and Utilities 11. Population, Employment and Housing 12. Fiscal Impacts Section 4: The Addendum No. 9 identifies that the proposed revisions will not result in any significant environmental impacts, and the circumstances under which to code amendment is being undertaken have not substantially changed since the CEQA determination was made for the Negative Declaration adopted through Resolution No. 2010-43 for Ordinance No. 510. Section 5: 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 for Ordinance No. 510 was adopted, identifies a significant environmental effect. Section 6: All findings and attachments contained in Resolution No. 2010-43, as adopted by the City Council on June 1, 2010 are hereby incorporated by reference. Section 7: The time within which the judicial review of the decision reflected in this Resolution, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure or any other applicable short period of limitations. Section 8: For the foregoing reasons and based on the information and findings contained in the staff reports, minutes, and evidence presented at the public hearings, the City Council of the City of Rancho Palos Verdes hereby approves Addendum No. 9 to the Negative Declaration for Ordinance No. 510, based on the City Council's determination that the document was completed in compliance with the requirements of the California Environmental Quality Act and State and local guidelines with respect thereto. 01203.0005/275945.1 Resolution No. 2015-106 Page 4 of 5 PASSED, APPROVED, and ADOPTED this 1st day of December 2015. Mayor Attest. rs4eAf/JAdAkEeerk.--C� y 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, hereby certify that the above Resolution No. 2015-106 was duly and regularly passed and adopted by the said City Council at a regular meeting held on December 1, 2015. City Clerk 01203.0005/275945.1 Resolution No. 2015-106 Page 5 of 5 EXHIBIT "A" RESOLUTION NO. 2015-106 (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 Permit procedure in order to transfer City tree trimming and removal, for the purposes of view 01203.0005/275945.1 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 01203.0005/275945.1 Resolution No. 2015-106 Exhibit A Page 2 of 2 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. 01203.0005/275945.1 Resolution No. 2015-106 Exhibit A Page 3 of 3