CC SR 20211207 G - Treehouse Ord 655 2nd Reading
CITY COUNCIL MEETING DATE: 12/07/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to adopt Ordinance No. 655 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) Adopt Ordinance No. 655, 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.655 (page A-1)
B. November 16, 2021 Staff Report
BACKGROUND AND DISCUSSION:
On November 16, 2021, Ordinance No. 655 (Attachment A) was presented to the City
Council for its first reading. This Ordinance amends Chapter 17.48 (Lots, Setbacks, Open
Space Area and Building Height) of Title 17 (Zoning) of the Rancho Palos Verdes
Municipal Code to establish provisions regulating treehouses on single-family residential
lots. This evening, Ordinance No. 655 is presented for its second reading and adoption.
It should be noted that the treehouse moratorium imposed by the City Council on February
2, 2021, and further extended on March 2, 2021, which is set to expire on February 2,
2022, will be repealed as of the date this Ordinance goes into effect on January 7, 2022.
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ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Direct Staff to revise Ordinance No. 655 for re-introduction and/or second
reading at a future City Council Meeting
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ORDINANCE NO.655
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
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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 considere d 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,
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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 with no more than one treehouse
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.
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Section 6. The City Clerk shall certify to the passage and adoption of this
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 7th day of December 2021.
______________________________
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. 655 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
December 7, 2021, and that the same was passed and adopted by the following roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
City Clerk
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