ORD 643U ORDINANCE NO. 643U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, EXTENDING
THE TREEHOUSE 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 TO TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL
CODE
WHEREAS, the provisions of the current Rancho Palos Verdes Municipal Code
(RPVMC) do not have specific regulations for treehouses which may have potential
impacts including, but not limited to, extreme slope conditions, view impairment, privacy
infringement, and safety.
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, 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.
WHEREAS, on March 19, 2021, the 45-day moratorium period imposed by
Urgency Ordinance No. 641U is set to expire unless the City Council extends the
moratorium period for up to an additional 10 months and -15 days, which is the maximum
extension permitted by State law.
WHEREAS, Government Code §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 time constraints of the 45-day moratorium which will expire prior to
adopting an ordinance amending the RPVMC that will regulate treehouses. In addition,
as a result of the on-going COVID-19 pandemic and its impacts upon City services, staff
requires additional time to adequately prepare and complete the code amendment
process.
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
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Statement), it has been determined that the adoption of the interim Urgency Ordinance
to extend the 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 interim Urgency Ordinance is exempt because it proposes to extend the
temporary 45-day moratorium on the development of treehouses by an additional 10
months and 15 days that does not have the potential to significantly impact the
environment.
WHEREAS, Government Code §65858(d) requires that the legislative body issue
a report, 10 days before extending a moratorium, describing the measures taken to
alleviate the condition which led to the adoption of the ordinance establishing a
moratorium. As such, a 10-day report was prepared and published in a timely manner on
the City's website on February 22, 2021.
WHEREAS, all legal prerequisites to the adoption of the interim Urgency
Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein
by reference.
Section 2. Government Code §65858 expressly authorizes the City, in order to
protect public safety, health, and welfare, to adopt an interim 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.
Section 3. The interim moratorium on the acceptance or processing of
applications, issuance of permits, and the construction of treehouses, which was enacted
by Urgency Ordinance No. 641U on February 2, 2021, is hereby extended pursuant to
Government Code §65858 for an additional period of 10 months and 15 days, setting the
expiration date as February 3, 2022. All terms shall have the same meaning as defined
in Urgency Ordinance No. 641U, and all provisions of Urgency Ordinance 641U are
incorporated herein by reference, and shall be in full force and effect for the duration of
this extension.
Section 4. On February 22, 2021, the City issued a 10-day report describing the
measures taken to alleviate the condition(s) which led to the adoption of Urgency
Ordinance No. 641 U, which are summarized as follows:
III
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A. The City has commenced the process to amend Title 17 (Zoning) of the RPVMC
to establish treehouse development standards with consideration to extreme
slopes, view impacts, privacy infringement, and safety.
B. The draft code amendment language will be presented to the Planning
Commission before a duly noticed Planning Commission meeting. In light of the
COVID-19 pandemic, the item will be heard before the Planning Commission at
the earliest opportunity as City Hall operations have been scaled down to essential
city services for the time being.
C. The adoption of newly created regulations to Title 17 (Zoning) of the RPVMC will
take time and careful consideration as well as input from various interested parties.
Thus far, there has been insufficient time since enacting Ordinance No. 641U to
complete this process in a timely manner to amend the code language.
D. The continued global outbreak of COVID-19 has resulted in implementing safety
measures with direct impacts to City Hall services, such as the closure of City Hall
to the public. Therefore, additional time is necessary to further assess and develop
provisions that fit into the context of the City's General Plan and the RPVMC, as
allowed under Government Code §65858.
Section 5. The moratorium extension is necessary as the current RPVMC does
not include any development standards or regulations pertaining to treehouses that could
result in potential safety, privacy, and view impacts to surrounding properties.
Furthermore, the continued COVID-19 pandemic has resulted in unforeseen impacts to
City services that have delayed staffs preparation of proposed code amendment
language.
Section 6. It is necessary for the City of Rancho Palos Verdes to adopt an
ordinance to extend the moratorium as City Staff, the Planning Commission, and the City
Council, each require a reasonable period of time to asses and develop treehouse
regulations that will address potential adverse impacts associated with treehouses.
Section 7 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, no permit will be issued by the City, and no construction will be allowed for
treehouses within the City until this Ordinance has expired or has been repealed
according to applicable law.
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 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.
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Section 9. Certification and 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, pursuant to the authority conferred upon the City Council by Government
Code §36937. This Ordinance shall be of no further force and effect on February 3, 2022,
unless extended in accordance with the provisions set forth in Government Code §65858.
Not later than 10 days prior to the expiration of this interim urgency ordinance, the City
Council shall issue a written report as required by applicable state law.
PASSED, APPROVED and ADOPTED this 2nd day of March, 2021, by a four-fifths
vote of the entire City Council.
)1,L,
Eric Alegria, Mayor
ATTEST:
q-n--- boirn, City Clerk
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. 643U was duly and regularly adopted by the City Council of said City at a regular
meeting thereof held on March 2, 2021 by the following vote:
AYES: Bradley, Cruikshank, Dyda, Ferraro and Mayor'Alegria
NOES: None
ABSENT: None
ABSTAIN: None
D-e"4 "—
City Clerk
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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 March 3, 2021, she caused to be posted the following document
entitled: ORDINANCE NO. 643U, AN INTERIM URGENCY
ORDINANCE OF THE CITY OF RANCHO PALOS VERDES,
CALIFORNIA, EXTENDING THE TREEHOUSE 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 TO TITLE 17
(ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE,
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.
eputy City Clerk