CC SR 20210302 02 - Treehouse moratorium Extension
PUBLIC HEARING
Date: March 2, 2021
Subject:
Consideration and possible action to extend the timeframe of the interim treehouse moratorium
enacted by Urgency Ordinance No. 641U.
Recommendation:
(1) Adopt Ordinance No. __U, AN INTERIM URGENCY ORDINANCE 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 AMEND TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE.
1. Report of Notice Given: Deputy City Clerk
2. Declare Public Hearing Open: Mayor Alegria
3. Request for Staff Report: Mayor Alegria
4. Staff Report & Recommendation: Jaehee Yoon, Senior Planner
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Alegria
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
CITY COUNCIL MEETING DATE: 03/02/2021
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to extend the timeframe of the interim treehouse
moratorium enacted by Urgency Ordinance No. 641U.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Ordinance No. __U, AN INTERIM URGENCY ORDINANCE 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 AMEND TITLE 17 (ZONING) OF
THE RANCHO PALOS VERDES MUNICIPAL CODE.
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. Ordinance No. ___U (page A-1)
B. Ordinance No. 641U (page B-1)
C. 10-day report (page C-1)
D. Public comments (page D-1)
Previous staff reports related to this topic can be found on the City’s website via the
January 19, 2021 and February 2, 2021 City Council agenda links below:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3818&meta_id=89858
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=3833&meta_id=90399
BACKGROUND AND DISCUSSION:
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On January 19, 2021, the City Council directed Staff to initiate code amendment
proceedings to Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code (RPVMC)
and to bring back an urgency ordinance to impose a moratorium on treehouses while
the City endeavors to establish treehouse provisions for adoption.
On February 2, 2021, the City Council adopted Urgency Ordinance No. 641U
(Attachment B) which imposed a temporary, 45-day moratorium on the acceptance or
processing of applications, issuance of permits, and the construction of treehouses. The
establishment of the moratorium through an urgency ordinance was in response to
concerns that the City does not have specific guidelines in place to review treehouse
development proposals with respect to extreme slopes, view impacts, privacy
infringement, and safety, among other considerations.
Urgency Ordinance No. 641U is effective for 45 days in accordance with California
Government Code §65858 and is set to expire on March 19, 2021. Tonight’s request is
to extend the moratorium period for an additional 10 month s and 15 days, which is the
maximum extension permitted by state law, setting the new expiration date to February
3, 2022.
Urgency Ordinance
Government Code §36937 states that an urgency ordinance becomes effective
immediately if the City Council finds, by a four-fifths vote, that an urgency ordinance is
needed for the immediate preservation of the public peace, health, or safety, and
contains a declaration of the facts constituting the urgency. The urgency of the
moratorium extension is to preclude a current and immediate threat to the public peace,
health, and safety posed by allowing the moratorium to expire before adopting an
ordinance amending the RPVMC that will regulate treehouses.
In the absence of any development standards or regulations pertaining to treeh ouses
within the current RPVMC, treehouses could be developed with potential safety,
privacy, and view impacts to surrounding properties. In addition, the ongoing COVID-19
pandemic has resulted in several unforeseen circumstances that have affected Staff’s
preparation of proposed code language, including the City Hall closure to the public and
shifting priorities. The proposed extension to the moratorium will provide Staff additional
time to further assess and develop provisions that fit into the context of the City’s
General Plan and the RPVMC.
Staff will proceed to work on a tentative schedule to present the draft code amendment
language to the Planning Commission at a duly-noticed public hearing for consideration
at its earliest opportunity. Upon review and consideration of the staff report and public
comments on the proposed treehouse ordinance, the Planning Commission will then
forward its recommendation to the City Council for further consideration and adoption.
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ADDITIONAL INFORMATION:
10-Day Report
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. On February 22,
2021, the 10-day report (Attachment C) was issued, summarizing the measures taken
to alleviate the conditions that led to the adoption of Ordinance No. 641U:
1. 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.
2. The draft code amendment language will be presen ted 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.
3. 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.
4. 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.
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 interim urgency ordinance to extend the
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).
Specifically, 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 do not have the potential to significantly impact the
environment.
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Public Comments
In response to the public notice issued on February 11, 2021 , regarding the proposed
moratorium extension, Staff received two public comments (Attachment D) from the
same commenter. The comments expressed opposition to the City’s initiative in
regulating treehouses on private properties, noting that potential adverse impacts
related to privacy and view can be addressed through the City’s view ordinance, while
safety can be left with property owners to take responsibility for along with their home
insurance policies.
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 extending the moratorium beyond its current
March 19, 2021 expiration and proceed with the code amendment proceedings to
amend the RPVMC initiated by the City Council at its January 19, 2021 meeting.
If this alternative is selected, treehouses can resume being constructed in the
City with minimal regulatory review.
2. Extend the moratorium for a period of less than the maximum 10 months and 15
days allowed by state law.
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ORDINANCE NO. ____U
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 poten tial 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 o f 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. 641U, which are summarized as follows:
A-2
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. 6 41U 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 treeh ouses 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 staff’s 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.
________________________________
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 March 2, 2021 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
__________________________
City Clerk
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ORDINANCE NO. 641U
AN INTERIM URGENCY ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES, CALIFORNIA, TO ESTABLISH A TEMPORARY 45-
DA Y 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 I
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 I
force and effect 45 days from its date of adoption, unless duly extended for an additional
1 0 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 Verde.s 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 641 U
Page 2 of4
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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 tree houses 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 tree houses 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 thre.at 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
Ordmance No 641 U
Page 3 of4
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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: ~ld~~~~
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:
NOES:
ABSENT:
ABSTAINED:
Bradley, Cruikshank, Dyda, Ferraro and Mayor Alegria
None
None
None ~AI~~~ ,l:k~
City Clerk
Ord1nance No 641 U
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-DA Y 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
30940 Hawthorne Blvd.
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
Ladera Linda Community Center
32201 Forrestal Drive
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
MEMORANDUM
TO: KEN RUKAVINA, PE, DIRECTOR OF COMMUNITY
DEVELOPMENT
FROM: JAEHEE YOON, SENIOR PLANNER
C DATE: FEBRUARY 22, 2021
SUBJECT: 10-DAY REPORT ON THE CITY OF RANCHO PALOS VERDES
MORATORIUM ON ACCEPTANCE OR PROCESSING OF
APPLICATIONS, ISSUANCE OF PERMITS, AND THE
CONSTRUCTION OF TREEHOUSES AS REQUIRED BY
GOVERNMENT CODE §65858(d).
BACKGROUND
On January 19, 2021, the City Council initiated code amendment proceedings to the
Rancho Palos Verdes Municipal Code (RPVMC) to develop provisions for the regulation
of treehouses.
On February 2, 2021, pursuant to Government Code §65858, the City Council adopted
Urgency Ordinance No. 641U to establish a temporary 45-day moratorium on the
acceptance or processing of applications, issuance of permits, and the construction of
treehouses.
Government Code §65858 allows an initial 45-day moratorium to be extended for up to
10 months and 15 days after a duly noticed public hearing is held. As required by
Government Code §65858(d), the City must produce a report 10 days prior to extending
a moratorium that describes the measures taken since enacting the urgency ordinance.
MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE
ADOPTION OF THE URGENCY ORDINANCE
1. 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.
2. The draft code amendment language will be presented to the Planning
Commission before a duly noticed Planning Commission m eeting. 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.
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3. 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. 6 41U to
complete this process in a timely manner to amend the code language.
4. 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.
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Jaehee Yoon
From:Ken Rukavina
Sent:Tuesday, February 16, 2021 11:03 PM
To:Jaehee Yoon
Subject:FW: New News Flash Public Notice-Treehouse Moratorium Extension for rpvca.gov
Follow Up Flag:Follow up
Flag Status:Flagged
FYI and the March 2 staff report.
Ken Rukavina, PE
Director of Community Development
City of Rancho Palos Verdes
To limit public contact and help prevent the spread of COVID‐19, City Hall is temporarily closed to the public,
but services are available by telephone, email, online and limited curbside service. Some employees are working
on rotation and may be working remotely. Please note that our response to your inquiry could be delayed. For
a list of department phone numbers, visit the Staff Directory on the City website.
From: sharon yarber <momofyago@gmail.com>
Sent: Saturday, February 13, 2021 3:07 PM
To: Ken Rukavina <krukavina@rpvca.gov>
Subject: Re: New News Flash Public Notice‐Treehouse Moratorium Extension for rpvca.gov
Privacy and views are already within the scope of the view preservation ordinances. Safety is the first reason you stated
and this issue is best left to homeowners and their homeowner's insurance companies. No need for further regulation
by the City as it concerns safety. People need to be responsible for their own conduct and if someone builds a treehouse
that ends up causing injury then it is the problem of the owner and his insurance company. No need for the City to start
interfering with something else. Just one more thing to keep staff busy in my opinion. I will watch the video of the last
meeting where this ludicrous issue was raised.
On Thu, Feb 11, 2021 at 6:05 PM Ken Rukavina <krukavina@rpvca.gov> wrote:
Dear Ms. Yarber,
Thank you for your correspondence and sharing your comments. They will be provided to the City Council as late
correspondence.
On January 19th, the City Council directed staff to consider amending the Rancho Palos Verdes Municipal Code (RPVMC)
to establish development standards to regulate treehouses. This is because there is no such ordinance or specific
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guidelines in place to review treehouse development proposals and recent construction of tree houses have created
view and privacy concerns. The moratorium on permitting and construction of treehouses is to allow a reasonable
period of time to develop and adopt thoughtful and appropriate treehouse regulations that can address its potential
adverse impacts related to safety, privacy, and views within the City.
Best regards,
Ken Rukavina, PE
Director of Community Development
City of Rancho Palos Verdes
To limit public contact and help prevent the spread of COVID‐19 , City Hall is temporarily closed to the public, but services
are available by telephone, email, online and limited curbside service. Some employees are working on rotation and may
be working remotely. Please note that our response to your inquiry could be delayed. For a list of department phone
numbers, visit the Staff Directory on the City website.
From: sharon yarber [mailto:momofyago@gmail.com]
Sent: Thursday, February 11, 2021 8:54 AM
To: CC <CC@rpvca.gov>
Subject: Fwd: New News Flash Public Notice‐Treehouse Moratorium Extension for rpvca.gov
Why on earth is the city butting in on treehouse construction on private property? People have been building
treehouses forever and don't need staff or council telling them how to do it. People are responsible for their
conduct and this big brother interference is over the top. Drop the whole issue.
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Public Notices <listserv@civicplus.com>
Date: Thu, Feb 11, 2021, 8:06 AM
Subject: New News Flash Public Notice‐Treehouse Moratorium Extension for rpvca.gov
To: <momofyago@gmail.com>
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February 11, 2021
Public Notice-Treehouse Moratorium Extension
NOTICE IS HEREBY GIVEN that the City Council of the City of Rancho Palos Verdes will conduct a public
hearing on Tuesday, March 2, 2021 at 7:00 PM… Read on
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