ORD 641U IIIORDINANCE NO. 641U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-
DAY MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF
APPLICATIONS, ISSUANCE OF PERMITS, AND CONSTRUCTION OF
TREEHOUSES WITH OR WITHOUT VERTICAL SUPPORTS
WHEREAS, Planning Division approval is required for structures as defined in
§17.96.2040 of the Rancho Palos Verdes Municipal Code (RPVMC) which is "anything
constructed or built, any edifice or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite manner, which is located
on or on top of the ground."
WHEREAS, treehouses in general are not considered a "structure" by the City's
definition in the sense that no vertical supports are built on or on top of the ground, and
hence, have not been regulated in regards to its impacts, including but not limited to,
extreme slope conditions, view impairment, privacy infringement, and safety.
WHEREAS, on July 21, 2020, the City Council directed staff to consider amending
the RPVMC to establish development standards to regulate treehouses to address the
potential adverse impacts they have on surrounding properties.
WHEREAS, on January 19, 2021, the City Council initiated code amendment
proceedings to Title 17 (Zoning) of the RPVMC to establish treehouse provisions and
directed staff to prepare an Urgency Ordinance imposing a moratorium to preclude
development of treehouses in the absence of such regulations in the current RPVMC until
a treehouse ordinance is adopted.
WHEREAS, Government Code Section 36937 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. To
this end, this Ordinance is adopted for the immediate preservation of the public peace,
health, and safety, given the potential impacts associated with treehouses in the City.
WHEREAS, the City Council finds that allowing the construction of treehouses
while the City is updating its code may result in construction that is in conflict with the
City's General Plan, Zoning Code, or other land use regulations.
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulations, Title 14, §15000 et. seq., the City's Local CEQA
Guidelines, and Government Code §65962.5(f) (Hazardous Waste and Substances
Statement), it has been determined that the adoption of the Urgency Ordinance to impose
a moratorium on the acceptance or processing of applications, issuance of permits, and
construction of treehouses is exempt from CEQA, pursuant to Section 15061(b)(3). The
Urgency Ordinance is exempt because it proposes to impose a moratorium on the
development of treehouses and it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment; and,
WHEREAS, all legal prerequisites to the adoption of the Urgency Ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Authority and Effect
A. The State Planning and Zoning Law, Government Code §65000 et seq.,
broadly empowers the City to plan for and regulate the use of land in order to provide for
orderly development, the public safety, health, and welfare, and a balancing of property
rights and the desires of the community and how its citizens envision their city.
B. Government Code §65858 expressly authorizes the City, in order to protect
public safety, health, and welfare, to adopt an Urgency Ordinance prohibiting a use that
is in conflict with a contemplated general plan, specific plan, or zoning proposal that the
legislative body, planning commission, or the planning department is considering or
studying or intends to study within a reasonable time, provided that the urgency measure
shall require a four-fifths vote of the legislative body for adoption, and shall be of no further
force and effect 45 days from its date of adoption, unless duly extended for an additional
10 months and 15 days.
SECTION 2. Definitions
"Permit" means any City planning land use approvals, and any building, grading,
plumbing, electrical, or mechanical permit, whether the approval or issuance is
discretionary or ministerial.
"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.
SECTION 3. Findings
The City Council of the City of Rancho Palos Verdes hereby finds, determines, and
declares that:
A. The current RPVMC does not specifically include provisions regulating
treehouses which allows them to be developed with potential safety, privacy, and view
impacts to surrounding properties.
Ordinance No 641U
Page 2 of 4
B. The City Council wishes expeditiously to amend the RPVMC to include
treehouse regulations to promote the health, safety, and welfare of the community.
SECTION 4. Moratorium
During the effective period of this Ordinance, no application for permit will be
accepted, no consideration of any application for permit will be made, and no permit will
be issued by the City for treehouses until this Ordinance has expired or has been repealed
according to applicable law. This Moratorium also applies to any pending applications or
treehouses that are exempt from obtaining any permits.
SECTION 5. Review and Study
A. City Staff, the Planning Commission, and the City Council, each require a
reasonable period of time to develop and adopt treehouse regulations that can address
its potential adverse impacts related to safety, privacy, and views within the City.
B. The City Council desires to establish, on an urgency basis, a temporary
moratorium on the acceptance or processing of applications, issuance of permits, and
construction of treehouses within the City through the adoption of this Ordinance to further
the purposes stated herein.
SECTION 6. City Actions
During the period of this Moratorium, and any extension thereof, the Director shall:
(1) review and consider options for the regulation of treehouses, and (2) shall issue a
written report describing the measures which the City has taken to address the conditions
which led to the adoption of this ordinance with the City Council 10 days prior to the
expiration of this Moratorium, or any extension thereof, and (3) shall make the report
available to the public.
SECTION 7. Urgency Measure
A. The City Council finds that there is a current and immediate threat to public
safety, health, and welfare posed by the existing Municipal Code as there are no specific
provisions regulating treehouses related to its potential impact on safety, privacy
infringement, and view impairment.
B. The City Council further finds that a temporary moratorium on treehouses
is necessary to avoid structures that are in conflict with the General Plan and the planning
laws and regulations of the City.
SECTION 8. Severability
The City Council hereby declares, if any provision, section, subsection, paragraph,
sentence, phrase or word of this ordinance is rendered or declared invalid or
Ordinance No 641U
Page 3 of 4
unconstitutional by any final action in a court of competent jurisdiction or by reason of any
preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of
this ordinance and as such they shall remain in full force and effect.
SECTION 9. Publication
The City Clerk shall certify as to the passage and adoption of this Interim Urgency
Ordinance and shall cause the same to be published in a manner prescribed by law.
SECTION 10. Effectiveness of Ordinance
This Ordinance shall take effect immediately upon adoption by a four-fifths vote of
the City Council, pursuant to the authority conferred upon the City Council by Government
Code §36937. This Ordinance shall be of no further force and effect 45 days following the
date of its adoption unless extended in accordance with the provisions set forth in
Government Code §65858. Not later than 10 days prior to the expiration of this urgency
ordinance, the City Council shall issue a written report as required by applicable state
law.
PASSED, APPROVED and ADOPTED this 2nd day of February, 2021, by a four-
fifths vote of the entire City Council.
' -)1/4.9-i - IVISiI
Eric Alegria, Mayor
ATTEST:
lepuct.,6„,
milY olborn, City blerk
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 numbers of the City Council of said City is five; that the foregoing Ordinance
No. 641 U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on February 2, 2021 by the following vote:
AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria
NOES: None
ABSENT: None
ABSTAINED: None
CsAi. jettlezub-c- 11)--to.4.4r-
City Clerk
Ordinance No 641U
Page 4 of 4
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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 February 3, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 641U, AN INTERIM URGENCY ORDINANCE
OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, TO
ESTABLISH A TEMPORARY 45-DAY MORATORIUM ON THE
ACCEPTANCE OR PROCESSING OF APPLICATIONS, ISSUANCE OF
PERMITS, AND CONSTRUCTION OF TREEHOUSES WITH OR
WITHOUT VERTICAL SUPPORTS, 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.
C4e'Cli1P-4414—
City Clerk