CC SR 20211116 03 - Treehouse Ordinance
PUBLIC HEARING
Date: November 16, 2021
Subject:
Consideration and possible action to amend Chapter 17.48 (Lots, Setbacks, Open Space Area and
Building Height) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal Code to regulate
treehouses (Case No. PLCA2021-0001).
Recommendation:
1) Introduce, as first reading, Ordinance No.__, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING CHAPTER 17.48 (LOTS, SETBACKS, OPEN SPACE AREA AND BUILDING HEIGHT)
OF TITLE 17 (ZONING) OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE
TREEHOUSES.
1. Report of Notice Given: 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: 11/16/2021
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA TITLE:
Consideration and possible action to amend Chapter 17.48 (Lots, Setbacks, Open Space
Area and Building Height) of Title 17 (Zoning) of the Rancho Palos Verdes Municipal
Code to regulate treehouses (Case No. PLCA2021-0001).
RECOMMENDED COUNCIL ACTION:
(1) Introduce, as first reading, Ordinance No.__, AN ORDINANCE OF THE CITY OF
RANCHO PALOS VERDES AMENDING CHAPTER 17.48 (LOTS, SETBACKS,
OPEN SPACE AREA AND BUILDING HEIGHT) OF TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE TREEHOUSES.
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.__ (page A-1)
B. Planning Commission Resolution No. 2021-17 (page B-1)
C. Urgency Ordinance No. 641U (page C-1)
D. Urgency Ordinance No. 643U (page D-1)
To view the September 14 and October 26, 2021, Planning Commission staff reports,
click on the following links:
September 14:
https://rpv.granicus.com/MetaViewer.php?view_id=5&clip_id=4016&meta_id=97409
October 26:
https://rpv.granicus.com/MetaViewer.php?view_id=5&event_id=1865&meta_id=98372
1
BACKGROUND:
On July 21, 2020, at the request of members of the community, the City Council directed
Staff to agendize the consideration of amending the Rancho Palos Verdes Municipal
Code (RPVMC) to establish development standards to regulate treehouses for a future
City Council meeting. 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.
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 construction of treehouses while Staff develops relevant
provisions for adoption. As amendments were proposed to Title 17 (Zoning) of the
RPVMC, the process required that the Planning Commission review the proposed code
language and forward a recommendation to the City Council for its consideration.
On February 2, 2021, the City Council adopted Urgency Ordinance No. 641U (Attachment
C) which imposed a temporary, 45-day moratorium on the acceptance or processing of
applications, issuance of permits, and the construction of treehouses.
On March 2, 2021, the City Council adopted Urgency Ordinance No. 643U (Attachment
D), extending the 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 RPVMC. This
urgency ordinance expires on February 2, 2022.
After considering all testimony at duly-noticed public hearings on September 14, 2021
and October 26, 2021, the Planning Commission adopted P.C. Resolution No. 2020-17
(Attachment B) recommending that the City Council adopt an ordinance amending
Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of Title 17
(Zoning) of the RPVMC to regulate treehouses on residential zoned properties in the City.
DISCUSSION:
Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of the RPVMC
clarifies, amplifies, and makes certain exceptions to district development standards
pertaining to lot area and dimensions, setbacks, open space area, and building height. In
addition, it provides general development standards that apply to more than one zoning
district such as the provisions related to intersection visibility and extreme slopes.
However, these development standards do not include specific guidelines to review
treehouse development proposals with respect to extreme slopes, view impacts, privacy
infringement, and safety, among other concerns.
The proposed code amendment focuses on two updates to Chapter 17.48 of the RPVMC
in order to integrate treehouse development standards. Specifically, 1) amending RPVMC
§17.48.050 (Building height), which regulates the height of accessory structures, and 2)
2
adding a new section specific to treehouse development. With respect to building height,
“treehouses” will be included in the list of accessory structures within RPVMC §17.48.050
(D), which will then allow treehouses to be considered accessory structures and regulated
in accordance with the applicable development standards so as to limit the overall height
and decrease potential privacy and view impacts. In addition, as treehouses have unique
attributes that raise concerns of view, privacy, and safety, to name a few, that sets it apart
from other accessory structures placed on the ground; the proposed amendment also
introduces a new section specific to treehouses within the same Chapter 17.48 to include:
• A definition of treehouses to encompass various structures that may be
categorized as a treehouse;
• Exemption of treehouses up to 64 square feet in area with the intention to allow
traditional treehouses for children by-right; and
• A Site Plan Review application for those up to 120 square feet in area. It should
be noted that treehouses exceeding 120 square feet will require a Variance along
with a Site Plan Review application.
The recommended code amendment is based on regulations found in Los Angeles
County and the City of La Cañada Flintridge, both of which have specific treehouse
ordinances, where additional provisions have been incorpora ted by Staff to better fit into
the context of the City’s development standards. The proposed amendment is provided
below with new text shown in bold underline. It should be noted that staff added one
provision not in the draft ordinance recommended by the Planning Commission, which is
to limit the maximum roof height above grade for an exempt treehouse to 12 feet .
Section 17.48.050 (Building Height)
D. Accessory Structures. Decks, playhouses, treehouses, detached garages, pools
or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos,
flag poles, stand-alone chimneys or any structures or buildings which are
physically detached and incidental to the use of the main building are considered
accessory structures. Such accessory structures shall be limited to 12 feet in
height, as measured from the lowest preconstruction grade adjacent to the
foundation wall to the ridge. Treehouses shall be measured from the lowest
base of the tree to the roof ridge or railing, whichever is higher. In cases of
uncertainty, the director shall determine whether a structure is detached and
incidental to the use of the primary structure. The director's decision may be
appealed to the planning commission, and the planning commission's de cision
may be appealed to the city council pursuant to Chapter 17.80 (Hearing Notice
and Appeal Procedures). Upon a finding by the director that a detached garage,
stand-alone chimney, treehouse, or a flag pole will have no significant impact on
views from adjacent properties, the garage, stand alone chimney, treehouse, or
flag pole may be exempted from the 12-foot height limitation, but shall comply with
any other height limitations of this Code.
3
Section 17.48.080 (Treehouse)
A. Definitions
“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.
B. Treehouses up to 64 square feet with the floor of the treehouse less than 8
feet above adjacent grade and with a roof ridge not to exceed 12 feet above
adjacent grade, as measured from the lowest base of the tree, will be exempt
from subsection (C), below.
C. Treehouses exceeding 64 square feet located on trees are allowed in single-
family residential zoning districts through a Site Plan Review application,
provided that the treehouse meets all the following requirements:
1. It does not exceed 120 square feet per tree or per half acre.
2. It has no electrical or plumbing connections.
3. It complies with the required setbacks and accessory structure height
standards for the designated zoning district.
4. It will not have a significant impact on views from adjacent properties
per Section 17.02.040 or from public viewing areas identified in the
City’s General Plan or Coastal Specific Plan, and will not create an
unreasonable infringement of privacy on the occupants of abutting
residences. A silhouette may be required to conduct a view impact
and/or privacy assessment at the discretion of the director.
In summary, the proposed Treehouse Ordinance is intended to introduce provisions to
regulate new treehouses that address the concerns raised by the City Council and the
public related to view impacts, privacy infringement, safety, and development on extreme
slopes. It should be noted that by defining treehouses as a structure, treehouses will be
prohibited on extreme slopes per §17.48.060 of the RPVMC which states that “no
development or construction of any structure shall be allowed on any extreme slope
(grade of 35 percent or greater).”
ADDITIONAL INFORMATION:
Public Notice
On October 29, 2021, a public notice was published in the Daily Breeze, announcing that
the City Council would consider the Treehouse Ordinance at its
November 16, 2021, meeting. As of the date that this report was completed, Staff has
received no correspondence in response to the public notice.
4
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 proposed code amendments to Chapter
17.48 of the RPVMC are exempt from CEQA pursuant to Section 15061(b)(3).
Specifically, the proposed code amendment consists only of minor revisions and
clarifications to an existing zoning code and will not have the effect of deleting or
substantially changing any regulatory standards or findings. In addition, the proposed
amendments are an action that does not have the potential to cause significant effects on
the environment, but rather will supplement the regulations established in the City’s
Municipal Code. Therefore, adoption of this ordinance is not subject to CEQA.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available for
the City Council’s consideration:
1. Identify issues or modified language to consider in the draft ordinance and continue
the public hearing to a date certain for introduction.
2. Direct Staff to take no action at this time.
5
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.48 (LOTS, SETBACKS, OPEN SPACE
AREA AND BUILDING HEIGHT) OF TITLE 17 (ZONING) OF THE
RANCHO PALOS VERDES MUNICIPAL CODE TO REGULATE
TREEHOUSES
WHEREAS, the City currently does not have specific guidelines in place to review
treehouse development proposals and in most cases, Planning Division approval is not
required as treehouses are not considered a “structure” by the City’s definition found in
Section 17.96.2040 of the Rancho Palos Verdes Municipal Code (RPVMC); and
WHEREAS, the City desires to amend the code to regulate treehouse development
proposals with respect to construction of such structures on extreme slopes, view impacts,
privacy infringement, and safety, among other considerations; and
WHEREAS, Government Code Section 65858 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; and
WHEREAS, on January 19, 2021, the City Council directed staff to initiate code
amendment proceedings to Title 17 (Zoning) of the RPVMC to establish development
standards to regulate treehouses; and
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 while the code is being
amended; and
WHEREAS, on March 2, 2021, the City Council adopted Urgency Ordinance No.
643U, to extend the 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; and
WHEREAS, on September 14, 2021, the Planning Commission held a duly noticed
public hearing, at which time the draft ordinance was reviewed and discussed among the
Planning Commission, staff, and interested parties. The item was continued to a date
uncertain to allow staff additional time to incorporate the input received ; and
WHEREAS, on October 26, 2021, the Planning Commission held a duly noticed
public hearing, considered all information presented to it including public testimony, adopted
P.C. Resolution No. 2021-17, recommending that the City Council adopt this Ordinance;
and
WHEREAS, on October 29, 2021, a public notice was published in the Daily Breeze,
providing a notice of a public hearing before the City Council on November 16, 2021; and
A-1
WHEREAS, on November 16, 2021, the City Council conducted a duly noticed public
hearing on this Ordinance, and all testimony was received was made a part of the public
record; and
WHEREAS, the City Council has duly considered all information presented to it,
including the Planning Commission findings, P.C. Resolution No. 2021-17, written staff
reports, and any testimony provided at the public hearing; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have been met.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Rancho Palos Verdes hereby makes
the following findings:
A. The above recitals are true and correct and incorporated fully herein by reference.
B. It is the intent and purpose of this Ordinance that Chapter 17.48 (Lots, Setbacks,
Open Space Area and Building Height) of Title 17 (Zoning) of the RPVMC be
amended to regulate treehouses.
Section 2. The proposed code amendment to Title 17 adopted herein is consistent
with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds,
and does not hinder, the goals and policies of those plans.
Section 3. Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height) of
Title 17 (Zoning) of the RPVMC is hereby amended as follows (new text in bold underline):
Chapter 17.48 (Lots, Setbacks, Open Space Area and Building Height)
…
Section 17.48.050 (Building Height)
D. Accessory Structures. Decks, playhouses, treehouses, detached garages, pools
or bathhouses, dressing rooms, saunas, jacuzzi and pool enclosures, gazebos, flag
poles, stand-alone chimneys or any structures or buildings which are physically
detached and incidental to the use of the main building are considered accessory
structures. Such accessory structures shall be limited to 12 feet in height, as
measured from the lowest preconstruction grade adjacent to the foundation wall to
the ridge. Treehouses shall be measured from the lowest base of the tree to
the roof ridge or railing, whichever is higher. In cases of uncertainty, the
director shall determine whether a structure is detached and incidental to the use of
the primary structure. The director's decision may be appealed to the planning
commission, and the planning commission's decision may be appealed to the city
council pursuant to Chapter 17.80 (Hearing Notice and Appeal Procedures). Upon
a finding by the director that a detached garage, stand-alone chimney, treehouse,
A-2
or a flag pole will have no significant impact on views from adjacent properties, the
garage, stand alone chimney, treehouse, or flag pole may be exempted from the
12-foot height limitation, but shall comply with any other height limitations of this
Code.
Section 17.48.080 (Treehouse)
A. Definitions
“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.
B. Treehouses up to 64 square feet with the floor of the treehouse less than 8
feet above adjacent grade and with a roof ridge not to exceed 12 feet above
adjacent grade, as measured from the lowest base of the tree, will be exempt
from subsection (C), below.
C. Treehouses exceeding 64 square feet located on trees are allowed in single-
family residential zoning districts through a Site Plan Review application,
provided that the treehouse meets all the following requirements:
1. It does not exceed 120 square feet per tree or per half acre.
2. It has no electrical or plumbing connections.
3. It complies with the required setbacks and accessory structure height
standards for the designated zoning district.
4. It will not have a significant impact on views from adjacent properties
per Section 17.02.040 or from public viewing areas identified in the
City’s General Plan or Coastal Specific Plan, and will not create an
unreasonable infringement of privacy on the occupants of abutting
residences. A silhouette may be required to conduct a view impact
and/or privacy assessment at the discretion of the director.
Section 4. This ordinance is exempt from the California Environmental Quality Act
(“CEQA”) pursuant to Section 15061(b)(3) because it consists only of minor revisions and
clarifications to an existing zoning code and will not have the effect of deleting or
substantially changing any regulatory standards or findings. The proposed ordinance is
an action that does not have the potential to cause significant effects on the environment,
but rather will supplement the regulations established in the City’s Municipal Code .
Section 5. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of any competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed
this ordinance, and each and every section, subsection, sentence, clause and phrase
thereof not declared invalid or unconstitutional without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the passage and adoption of this
A-3
ordinance, and shall make a minute of the passage and adoption thereof in the records
of and the proceedings of the City Council at which the same is passed and adopted. This
Ordinance shall take effect immediately, pursuant to the authority conferred upon the City
Council by Government Code Section 36937. The City Clerk shall cause a summary of
this ordinance to be published in accordance with Government Code Section 36933 in a
newspaper of general circulation which is hereby designated for that purpose.
Section 7. Effective Date. This Ordinance shall go into effect on the 31 st day after
its passage.
PASSED, APPROVED and ADOPTED this _____ day of _______________, 2021.
______________________________
Eric Alegria, Mayor
ATTEST:
_______________________
Teresa Takaoka, City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF RANCHO PALOS VERDES
I, TERESA TAKAOKA, City Clerk of the City of Rancho Palos Verdes, do hereby
certify that the whole number of members of the City Council of said City is five; that the
foregoing Ordinance No. ___ passed first reading on November 16, 2021, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
November __, 2021, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
A-4
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
C-1
C-2
C-3
C-4
C-5
D-1
D-2
D-3
D-4
D-5