CC SR 20210119 03 - Initiate Code Amendment for Treehouse Regulations
CITY COUNCIL MEETING DATE: 01/19/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to initiate code amendment proceedings to amend
the Rancho Palos Verdes Municipal Code (RPVMC) regarding treehouse regulations.
RECOMMENDED COUNCIL ACTION:
(1) Initiate code amendment proceedings to amend Title 17 (Zoning) of the RPVMC
to codify treehouse regulations.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jaehee Yoon, Senior Planner
REVIEWED BY: Ken Rukavina, P.E., Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
BACKGROUND AND DISCUSSION:
On July 21, 2020, at the request of members of the community, the City Council
directed Staff to consider amending the RPVMC to establish development standards to
regulate treehouses as a future agenda item. This is because there is no such
ordinance or specific guidelines in place to review treehouse development proposals
with respect to extreme slopes, view impacts, privacy infringement, and safety , among
other concerns.
Pursuant to City Council direction, Staff researched how local jurisdictions address the
development of treehouses. In general, it appears that few local jurisdictions have
specific provisions for treehouses as most jurisdictions consider treehouses an
accessory structure, albeit the term “treehouse” is not explicitly mentioned in their
respective codes, where the same development standards and regulations for
accessory structures are applied. For example, other jurisdictions on the Peninsula,
namely in the cities of Rolling Hills Estates and Palos Verdes Estates, consider
treehouses to be accessory structures and regulated as such.
The Los Angeles County Building Code addresses treehouses under exempt work that
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does not require building permits per the County Building Code as long as the
treehouse does not exceed 64 square feet in area nor 8 feet in height from floor to roof,
and the ceiling height as established by door height or plate line does not exceed 6
feet1. Cities that adopt the Los Angeles County Building Code by reference, such as
Malibu, would follow such code (the City of Rancho Palos Verdes adopts the California
Building Code by reference, which is silent on treehouse s). In the City of La Cañada
Flintridge, treehouses are allowed by right on non-protected private trees with the same
regulations as the Los Angeles County Building Code, provided that the treehouse also
complies with the setback and height standards contained within the city’s zoning code2.
In addition, Staff found that while the City of Glendale does not have a separate code
section specific to treehouses, an informational “Treehouse Guide” focused on
protecting the structural integrity of the tree on the city’s website was provided under the
Public Works Department, which infers treehouses are allowed.
Generally, the City’s Planning Division approval is required for structures if they meet
the City’s definition of a structure found in Section 17.96.2040 of the RPVMC, which
reads as follows:
"Structure" means 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 .
Based on this definition, it has been the Community Development Department’s practice
not to require Planning Division approvals for the construction of treehouses because
they are not considered a structure in the sense that no vertical supports are built on or
on top of the ground as the aforementioned code definition indicates. According to the
City’s permit system, Trakit, the City has processed two applications in the past 20
years for structures that resemble a treehouse in the sense that the project was
described as a platform or a deck on a tree ranging from 185-256 square feet in area
with an overall height less than 12 feet. However, the two noted treehouse applications
went through the Building and Safety Division plan check process to ensure that they
met Building Code requirements and require a series of inspections during the
construction phase.
That said, over the past 20 years, the City has also received a dozen or so complaint s
from residents regarding treehouses. The complaints generally focus on view and/or
privacy impacts. In light of this, Staff is recommending that the City Council initiate the
required code amendment proceedings to regulate treehouses in Title 17 (Zoning Code)
of the RPVMC. If initiated, the Planning Commission serve in the advisory capacity and
will review and forward draft language for the City Council’s consideration. The following
options may be considered as part of the code amendment process:
• Only allow treehouses by right if they comply with the exempt provisions of the
Los Angeles County Building Code
• Amend the definition of Accessory Structure in Title 17 (Zoning) to specifically
1 Los Angeles County Title 26; 106.3 (10) Work Exempted
2 La Cañada Flintridge Municipal Code 11.11.020 (E) Accessory Uses
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include treehouses, thereby providing that treehouses be regulated in
accordance with the existing zoning code as an accessory structure, including
height, setbacks, and all other applicable provisions; or
• Establish development provisions specific to regulating treehouses
It should be noted that per RPVMC §§ 17.02.040(B)(1) and 17.02.040(C)(1)(e), the
City’s view ordinance, is triggered when a structure is proposed to exceed 16 feet in
height and privacy assessments are conducted for the same 16-foot trigger, including
roof decks and balconies which are defined as decks at least 8 feet above adjacent
grade. Staff believes treehouses may be adequately regulated with limitations on size,
height, placement, and so forth to prevent any adverse impacts related to extreme
slopes, view, and privacy.
ADDITIONAL INFORMATION:
Depending on how comprehensive the proposed code provisions related to treehouses
would be desired, Title 15 (Buildings and Construction) of the RPVMC may also be
amended to specifically address the structural stability, safety, and objective measures
of a treehouse.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not authorize code amendments to specifically regulate treehouses at this
time, in which case the current practice as noted above will continue to apply.
2. Take other action, as deemed appropriate.
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