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CC SR 20151215 F - Ord 575 City Tree Review PermitCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS JOEL ROJAS, COMM EVELOPMENT DIRECTOR DECEMBt=R 15, 2015 . SECOND READING OF ORDINANCE NO. 575 AMENDING TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE, CITY TREE REVIEW PERMIT (CASE NO. ZON2015-00383) DOUG WILLMORE, CITY MANAGER ~ Project Managers: John Alvarez, Senior Planner 'JX ·' _.. . Nicole Jules, Deputy Director of Public Works f1fy' RECOMMENDATION ' . ~ L Adop,t.9rdinance No. 575, an Ordinance of the City of Rancho Palos Verdes amending the City's Municipal Code to a) rescind Section 17.76.100 (City Tree Review Permit), b) 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 c) add language to Section 17.80.030 to clarify the appeal process for City decisions involving the trimming/removal of city trees. DISCUSSION On December 1, 2015, the City Council introduced Ordinance No. 575, a proposed code amendment to rescind Section 17 .76 .100 (City Tree Review Permit) and to amend Sections 17.02.040(C)(2)(e), 17.86.050(A)(2), and Section 17.80.030, as it relates to the City Tree Review Permit process. At said meeting, no changes to the Planning Con:imiss·ion recommended code amendments were made by the City Council. As such, Staff · is "presenting Ordinance No. 575 for its second reading and adoption. This Ordinance shall go into effect and be in full force and effect at 12:01 AM on the 31 51 day after its passage. Attachments • Ordinance No. 575 (page 2) Ordinance No. 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 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 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-_ certifying Addendum No. 9 to the Negative Declaration for Ordinance No. 51 O; 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 Purpose. This chapter provides a procedure for the pruning and/or removal of trees and/or foliage 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. Approval Required. ,A. city tree revie 1.v permit is required prior to the pruning and/or removal of any tree and/or foliage, located on city property, a city easement or within the public right of way, for the purposes of view restoration. Exemption. Trees and/or foliage located within the boundaries of the Miraleste Recreation and Park District shall not be subject to the provisions of this section. City Tree Review Permit Application. Any person owning land in the city may file an application for a city tree review permit. An application for a city tree revie 1.v permit shall be made to the director on forms provided by the city, and shall include the following items: ~ A completed application form signed by the property owner of the property where the view is impaired; and A plan or map, drawn to the satisfaction of the director, which clearly shows the location of each tree and/or foliage located on city property, a city easement, or within the public right of way that is impairing the view of the applicant; and 01203.0005/275942.1 Ordinance No.575 Page 3 of 8 4- ,A.. current photograph of the alleged view impairment taken from the applicant's vie 1.ving area; anG /\n application fee, as established by city council resolution. Revievv Criteria. The director or the director's designee shall either grant, or conditionally grant the city tree revievv permit if, after conducting an investigation of the applicant's property, it is determined that trees and/or foliage located on city property, a city easement or in the public right of 1.vay are significantly impairing a view from a viewing area of the applicant's lot, as defined in §§g'[iqnJ70_4..::iJ.1Q (View Preservation and Restoration) of this title. Conditions of Permit Issuance. In granting any approval under this section, the director may impose such conditions thereon as may be reasonably necessary to prevent danger to public or private property; to prevent the tree removal or pruning from being conducted in a manner that is likely to create a nuisance; or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to, the following: 4-.,. For a city tree and/or foliage that is located within the parkway and roadway median, or within any other city property or city easement (except city parks): &. /\view impairing tree and/or foliage shall be removed and replaced with a similar 24 inch box size tree by the city. The city shall pay for all costs of tree and/or foliage removal and replacement. Trees and/or foliage that are removed shall not be replaced if the following conditions exist: h The replacement tree or foliage will immediately cause a significant impairment of the view from the applicant's viewing area; The director of public works determines a replacement tree 1.vould cause damage to the improvements in the public right of way (street, curb, sidewalk, etc.) or obscure traffic visibility or create an impediment to pedestrian access within the public right of way; The city shall make the final determination as to the type and number of replacement trees and/or foliage, if any. If a person who has received notification of the director's decision files a written request to not remove the tree or foliage (within seven days of the notification), then the tree and/or foliage may be pruned instead of removed, provided the following conditions can be met: h The director determines that the pruning of the subject tree and/or foliage will eliminate the significant impairment of the applicant's view; The director determines that the pruning of the subject tree and/or foliage will not result in an unsightly tree and/or likely kill or weaken the tree; 01203.0005/275942.1 Ordinance No.575 Page 4 of 8 The director of public works determines that the tree and/or foliage has not, and will not, cause damage to improvements in the public right of way (street, curb, side1Nalk, etc.); Upon receipt of the written agreement of the owner(s) of the property directly abutting or underlying the public right of 1.vay or park1Nay where the tree and/or foliage is located, the city and any of the parties who were notified pursuant to subsection (G)(1) enter into an agreement that is recorded on the title of the agreeing party's property, binding that property owner and any future owners of that property to maintain the trees and/or foliage so as to prevent future significant vie'N impairment by such tree and/or foliage. The agreement between the city and the property owner shall specify the maximum time interval, as determined to be appropriate by the director, v1ithin which the property owner shall undertake and pay for such maintenance; Should the property owner, 1.vho has entered into an agreement with the city to maintain a city tree or foliage, within 30 days of receiving a notice from the city requesting maintenance, fail to adhere to the maintenance provisions of the agreement, then the city shall terminate the agreement and shall remove the subject tree(s)/foliage at the city's expense. For trees and/or foliage located within a city park: a- If the city determines that the tree and/or foliage needs to be removed in order to restore the applicant's view, the city shall determine whether the tree and/or foliage shall be replaced, and shall make the final determination as to the type and number of replacement trees and/or foliage. If the city determines that the tree and/or foliage can be pruned to restore the applicant's view without damaging or killing the tree or foliage, the City shall maintain the tree and/or foliage so as to prevent future view impairment by the tree and/or foliage. The city shall pay for all costs of tree and/or foliage pruning, removal and/or replacement. The city shall make the final determination as to the type and number of replacement trees and/or foliage. Whenever work is to be performed, it shall be performed by the city. Notification. VIJhen the director makes a determination regarding a city tree review permit, written notice of the decision shall be given as follows: 4-:- VVhen the foliage is located on a city street or easement, a notice of the determination to grant the application shall be sent to the applicant(s), the appropriate homeowners association, and the 20 closest adjacent properties within the City of Rancho Palos Verdes, including the owner(s) of the property directly abutting or underlying the public right of way where the subject tree(s) and/or foliage are located. Adjacent properties shall include the 20 closest lots within the City of Rancho Palos Verdes, which are on the same street, directly abutting and adjacent to the property where the tree and/or foliage are located. Notice of denial shall be given only to the applicant. VVhen the foliage is located in a city park, notice of the director's decision shall be given only to the applicant. 01203.0005/275942.1 Ordinance No.575 Page 5 of 8 Notice of the permit determination to grant the application shall be posted by city staff on a conspicuous location on each tree that is the subject of an application decision. For trees located on city property, notice of the determination shall not be posted on any tree where the director determines that access to said tree is too difficult or hazardous to post the notice. Appeals. Any interested person receiving notice of the director's decision may appeal the decision to the planning commission, in writing, 1Nithin 15 calendar days of the director's decision. Pursuant to SE<::JLGJlJZ~~,:..Q4Q(C)(2)(g) of the municipal code, the decision of the planning commission on such an appeal may be appealed to the city council. Any appeal must be accompanied by payment of the appropriate appeal fee, as established by city council resolution. No city tree review permit shall be effective until all applicable appeal periods have been exhausted. (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~, as per the provisions of this section, pursuant to the city tree review permit procedure contained in Section 17.76.100 (City tree review permit.) 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 or an application for a city 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. Attest: City Clerk 01203.0005/275942.1 Mayor 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: NOES: ABSENT: ABSTAIN: 01203.0005/275942.1 City Clerk Ordinance No.575 Page 8 of 8 EXHIBIT "A" (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 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 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.