CC SR 20210202 04 - Treehouse Moratorium Urgency Ordinance
CITY COUNCIL MEETING DATE: 02/02/2021
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA TITLE:
Consideration and possible action to adopt an interim urgency ordinance to impose a
45-day moratorium on the acceptance or processing of applications, issuance of
permits, and the construction of treehouses.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. __U, 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 THE CONSTRUCTION OF
TREEHOUSES WITH OR WITHOUT VERTICAL SUPPORTS
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
ATTACHED SUPPORTING DOCUMENTS:
A. Urgency Ordinance No. ___U (page A-1)
The previous staff report on this topic can be found on the City’s website via the
January 19, 2021, City Council agenda at:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3818&meta_id=89858
BACKGROUND AND DISCUSSION:
On July 21, 2020, at the request of members of the community, the City Council
directed Staff to consider amending the Rancho Palos Verdes Municipal Code
(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
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to review treehouse development proposals with respect to extreme slopes, view
impacts, privacy infringement, and safety, among other concerns.
On January 19, 2021, the City Council directed Staff to initiate code amendment
proceedings to Title 17 (Zoning) of the RPVMC and to bring back an urgency ordinance
to impose a moratorium on the acceptance or processing of applications, issuance of
permits, and the construction of treehouses while the City endeavors to establish
treehouse provisions for adoption.
Interim Urgency Ordinance
Government Code §65858 authorizes the City, in order to protect public safety, health,
and welfare, to adopt an interim urgency ordinance temporarily 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.
The urgency of the moratorium is to preclude a current and immediate threat to the
public safety, health, and welfare posed by the absence of any development standards
or regulations pertaining to treehouses within the current RPVMC, which allows
treehouses to be developed with potential safety, privacy, and view impacts to
surrounding properties. An urgency ordinance to impose a moratorium on the
acceptance or processing of applications, issuance of permits, and the construction of
treehouses is warranted in order to allow a reasonable period of time for staff to further
assess and develop provisions that fit into the context of the City’s General Plan and the
RPVMC.
Pursuant to the attached urgency ordinance (Attachment A), a treehouse means a
structure, including but not limited to a playhouse or decks with or without vertical
supports on or on top of the ground, built among the branches of a tree, or which is built
around or against a tree.
The urgency ordinance may be adopted in accordance with Section 65858 of the
California Government Code and will expire and terminate 45 days after the date of its
adoption, unless extended by the City Council for an additional 10 months and 15 days
following a noticed public hearing.
Environmental Assessment
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, Section 150000 et. seq., the City’s Local CEQA Guidelines, and
Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), it
has been determined that the adoption of the Urgency Ordinance to impose a
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moratorium on the acceptance or processing of applications, issuance of permits, and
the 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.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Do not adopt the urgency ordinance and proceed with the code
amendment proceedings to amend the RPVMC initiated by the City
Council at its January 19, 2021 meeting.
2. Provide Staff with further direction for consideration at the February 16,
2021 City Council meeting.
3. Take no action.
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ORDINANCE NO. ____U
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
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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 on 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 provi sions regulating
treehouses which allows them to be developed with potential safety, privacy, and view
impacts to surrounding properties.
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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 cond itions
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
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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.
________________________________
Eric Alegria, Mayor
ATTEST:
_______________________________
Emily Colborn, 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. ___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:
NOES:
ABSENT:
ABSTAINED:
__________________________
City Clerk
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