ORDINANCE NO. 415
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REGARDING CITY TREE REVIEW PERMITS AND AMENDING TITLE 17 OF THE RANCHO PALOS VERDES MUNICIPAL CODE.
WHEREAS, Section 17.76.100 of Title 17 of the Rancho Palos Verdes Municipal Code (the "Municipal Code") sets forth various procedures and regulations regarding City Tree Review Permits; and,
WHEREAS, in June 17, 2003, after public review of the cost reduction proposal for view restoration services, the City Council directed Staff to initiate a code amendment to streamline the City Tree Review Permit process contained in Section 17.76.100; and,
WHEREAS, on March 27, 2004, notice of a public hearing on the proposed amendments to Section 17.76.100 of the Municipal Code was published in the Palos Verdes Peninsula News; and,
WHEREAS, after notice was issued pursuant to the provisions of the Rancho Palos Verdes Municipal Code, the Planning Commission conducted public hearings on April 27, 2004 and June 22, 2004, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendments to Section 17.76.100; and,
WHEREAS, the Planning Commission reviewed and considered the proposed code amendments to Section 17.76.100 and forwarded its recommendations to the City Council for its consideration; and,
WHEREAS, on October, 30 2004, a notice of a City Council public hearing on this code amendment was published in the Palos Verdes Peninsula News; and,
WHEREAS, at its December 7, 2004 and February 1, 2005 meeting, the City Council continued the public hearing, without discussion, to its February 15, 2005 meeting to allow the matter to be heard in conjunction with a forthcoming City-wide Fee Study report; and,
WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments to the Municipal Code on February 15, 2005, at which time all interested parties were given the opportunity to be heard and present evidence, and after making certain minor amendments to the ordinance, the City Council introduced the ordinance for first reading;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to Section 17.76.100 of the Rancho Palos Verdes Municipal Code.
Section 2. The City Council finds that the proposed amendments to Chapter 76.100 of Title 17 are consistent with the purposes and intent of Proposition M in that the revisions concerning the City Tree Review Permit policy further the goals of Proposition M and merely streamline the process and reduce the costs associated with that process.
Section 3: The City Council further finds, based upon its own independent review, that there is no substantial evidence that the amendments to Title 17 would result in new significant environmental effects, or a substantial increase in the severity of the effects, as previously identified in Environmental Assessment No. 694 and the Negative Declaration adopted through Resolution No. 97-25 in conjunction with Ordinance No. 320 for amendments to Titles 16 and 17 of the Municipal Code, because the new amendments are minor language revisions that establish a permit application fee and streamline the review criteria for the City Tree Review Permit application process. Part of the amendment will also require removal of City tree(s) upon approval of the City Tree Review Permit, however the replanting of tree(s) as a condition of approval for the City Tree Review Permit shall mitigate any impact caused by such removal. Accordingly, the Council hereby finds that Addendum (No. 13) to the prior Negative Declaration, which is attached hereto as Exhibit "A," complies with the requirements of the California Environmental Quality Act.
Section 4. Section 17.76.100 of Chapter 17.76 of Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows:
17.76.100 City tree review permit.
A. Purpose. This chapter provides a procedure for the pruning and/or removal of trees and/or foliage which are located on city property, a city easement or within the public right-of-way in order to protect the public health, safety and welfare by preventing the needless impairment of views from vista points and view lots.
B. Approval Required. A city tree review permit is required prior to the pruning and/or removal of any tree and/or foliage, located on city property, a city easement or within the public right-of-way, for the purposes of view restoration.
C. Exemption. Trees and/or foliage located within the boundaries of the Miraleste recreation and park district shall not be subject to the provisions of this section.
D. City Tree Review Permit Application. Any person owning land in the city may file an application for a city tree review permit. An application for a city tree review permit shall be made to the director on forms provided by the city, and shall include the following items:
E. Review Criteria. The director or the director's designee shall either grant, or conditionally grant the city tree review permit if, after conducting an investigation of the applicant's property, it is determined that trees and/or foliage located on City property, a City easement or in the public right-of-way are significantly impairing a view from a viewing area of the applicant's lot, as defined in Section 17.02.040 (Single-Family Residential Districts) of this title.
F. Conditions of Permit Issuance. In granting any approval under this section, the director may impose such conditions thereon as may be reasonably necessary to prevent danger to public or private property; to prevent the tree removal or pruning from being conducted in a manner that is likely to create a nuisance; or to preserve the intent of any goal or policy of the general plan. No person shall violate any conditions so imposed by the director. Such conditions may include, but shall not be limited to, the following:
a. If the City determines that the tree and/or foliage needs to be removed in order to restore the applicant's view, the City shall determine whether the tree and/or foliage shall be replaced, and shall make the final determination as to the type and number of replacement trees and/or foliage.
b. If the City determines that the tree and/or foliage can be pruned to restore the applicant's view without damaging or killing the tree or foliage, the City shall maintain the tree and/or foliage so as to prevent future view impairment by the tree and/or foliage.
c. The City shall pay for all costs of tree and/or foliage pruning, removal and/or replacement. The City shall make the final determination as to the type and number of replacement trees and/or foliage. Whenever work is to be performed, it shall be performed by the City.
G. Notification. When the director makes a determination regarding a City tree review permit, written notice of the decision shall be given as follows:
H. Appeals. Any interested person receiving notice of the director's decision may appeal the decision to the planning commission, in writing, within fifteen calendar days of the director's decision. Pursuant to Section 17.02.040(C)(2)(g) of the Municipal Code, the decision of the planning commission on such an appeal may be appealed to the City Council. Any appeal must be accompanied by payment of the appropriate appeal fee, as established by City Council resolution. No city tree review permit shall be effective until all applicable appeal periods have been exhausted.
Section 5: The amendments to Section 17.76.100 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all City Tree Review Permit applications submitted after the effective date of the adoption of said ordinance and to all City Tree Review Permit applications that have not been deemed complete prior to the effective date of the adoption of said ordinance.
Section 6: The City Clerk shall certify to the adoption of this ordinance and shall cause the full text of this ordinance to be posted in the manner prescribed by law.
PASSED, APPROVED and ADOPTED this 1st day of March 2005.
/s/ Larry Clark
/s/ Carolynn Petru
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
I, Carolynn Petru, 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. 415 passed first reading on February 15, 2005, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 1, 2005, and that the same was passed and adopted by the following roll call vote:
AYES: Long, Stern, and Wolowicz
ABSTAIN: Mayor Clark