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ORD 486U URGENCY ORDINANCE NO. 486U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A ZONE CHANGE (CASE NO. ZON2008-00649) ON A PORTION OF AN EXISTING 19.63 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD AND CRENSHAW BLVD (APN #7589-013-905) FROM OPEN SPACE HAZARD (OH) TO INSTITUTIONAL (1); AND ALSO AMENDING MUNICIPAL CODE SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE LAND USE CATEGORY "HOMES FOR THE AGED"; AND DECLARING THE URGENCY THEREOF. WHEREAS, in March of 2000, the Rancho Palos Verdes Redevelopment Agency (Agency) purchased the 19.63 acre Crestridge property with 20% Affordable Housing Set-aside funds with the intent on developing an age-restricted affordable housing complex on the subject property; and WHEREAS, since the purchase of the property, the Agency has been working with various developers towards the implementation of an age-restricted affordable housing project on the subject site, none of which came to fruition. Subsequently, recognizing a need to meet certain mandates towards the expenditure of City and Agency affordable housing funds, the need to meet certain mandates to utilize the property by March 2010, and the City's affordable housing needs as identified in the Rancho Palos Verdes General Plan Housing Element, on September 18, 2007, the City Council directed Staff to move forward with a program that would develop the Agency's Crestridge property; and WHEREAS, after releasing a Request for Qualifications/Request for Proposal (RFQ/RFP) to find a reputable affordable housing developer, and reviewing responses to the RFQ/RFP, on September 16, 2008, the Agency entered into an Exclusive Negotiating Agreement with AMCAL Multi-Housing Inc., who is the project Applicant for the proposed project; and WHEREAS, applications for General Plan Amendment, Zone Change, Zone Text Amendment, Conditional Use Permit, Grading Permit, Variance, Vesting Tentative Parcel Map and Environmental Assessment (Planning Case Nos. ZON2008-00649 and SUB2008-00008) were submitted to the Planning Department by the Applicant, to allow the development of a proposed 40-unit age-restricted affordable housing rental complex on the subject site; and, WHEREAS, pursuant to the provision of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq., the City's Local CEQA Guidelines, and Government Code Section 65962.5(F) (Hazardous Waste and Substances Statement), the City of Rancho Palos Verdes prepared an Initial Study and determined that, by incorporating mitigation measures into the Negative Declaration, there is no substantial evidence that the approval of Planning Case Nos. ZON2008- 00649 and SUB2008-00008 would result in a significant adverse effect on the environment. Accordingly, a Draft Mitigated Negative Declaration was prepared and circulated for public review for twenty (20) days between January 6, 2009 and January 26, 2009, and notice of that fact was given in the manner required by law; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the Planning Commission held a duly noticed public hearing on January 13, 2009 and February 10, 2009, at which time all interested parties were given the opportunity to be heard and present evidence; and, WHEREAS, at the January 13, 2009 Planning Commission meeting, the Planning Commission directed Staff and the Applicant to further investigate design alternatives to address concerns pertaining to the project; formed a Planning Commission Sub- committee of Commissioners Gerstner, Knight and Tetreault to assist Staff and the Applicant with re-design options; and continued the public hearing to February 10, 2009; and, WHEREAS, on January 27, 2009, the Planning Commission Sub-committee met with the Applicant and Staff to discuss various design alternatives, from which it was recommended that the Applicant prepare two optional site design plans that would be presented to the Planning Commission at their February 10, 2009 meeting; and, WHEREAS, on January 30, 2009, the Applicant submitted Option #1 (40-unit project) and Option #2 (34-unit project) as alternative designs for consideration by Staff and the Planning Commission; and, WHEREAS, at its February 10, 2009, meeting, after hearing public testimony, the Planning Commission made a decision (5-1 with Commissioner Knight dissenting and Commissioner Tetreault Absent) via minute order to recommend that the City Council/Board deny the proposed project as the Commission felt that the proposed age- restricted affordable housing project was inconsistent with the allowable uses found within the Institutional Land Use District; and, WHEREAS, after issuing notices pursuant to the requirements of the Rancho Palos Verdes Development Code and the State CEQA Guidelines, the City Council held a duly noticed public hearing on March 3, 2009, at which time all interested parties were given the opportunity to be heard and present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS: Section 1: This approval is for a relocation of an existing land use boundary (Zone Change) for a portion of the existing 19.63 acre parcel located at the northwest corner of Crestridge Road and Crenshaw Blvd. The boundary change will move the existing boundary line between the existing Zoning Use Designation of Open Space 1119835 Ordinance No. 486U Page 2 of 5 Hazard (OH) and the existing Zoning Designation of Institutional (1), as shown in `Exhibit A', which is attached hereto and incorporated by reference. Specifically, the buildable portion of the property will retain the Institutional Land Use, while the OH land use will be primarily located over the subject property's extreme slope. The resulting change in zoning designation will be consistent with the Rancho Palos Verdes General Plan. Section 2: The City Council finds that the proposed zone change would not result in any significant adverse environmental impacts in addition to or beyond those already associated with the existing use of the sites, and therefore has adopted Resolution No. 2009-15, certifying a Mitigated Negative Declaration for the Zone Change. Section 3: The City Council finds that the approval of the Zone Change will not result in significant adverse environmental impacts because the revised zoning boundary/designation will better reflect the developable and non-developable areas, which are consistent with the topography of the site. Furthermore, the City's geotechnical consultant has reviewed and approved a geology report in relation to the proposed boundary line adjustment (Zone Change). Section 4: Based upon the facts contained in this Ordinance, in the Staff Report and other components of the legislative record, in the certified Negative Declaration, and in the public comments received by the City Council, the City Council hereby approves the Zone Change of Case No. ZON2008-00649 to change the zoning designation boundary between the Open Space Hazard (OH) and Institutional (1) land use districts on the subject property as illustrated in Exhibit A hereto, which is incorporated herein by this reference. Section 5: The City Council finds that Municipal Code Section 17.26.030.E. (Zone Text Amendment) will clarify the definition of terms within the allowable uses in the Institutional Zoning District. The Council finds that this Zone Text Amendment is warranted because the existing Development Code that permits "homes for the aged", does not clearly define what that means. The Zone Text Amendment will clarify that the intent of the Institutional District's allowable use entitled "homes for the aged" (Municipal Code Section 17.26.030.E), may include certain residential type projects, provided that there is a supportive services program associated with the proposed use, which will ensure consistency with the Institutional District. The text revision is as follows (regular italicized text for text to remain and bold underline italicized text for text to be added): "17.26.030.E. Sanitariums, nursing homes, rest homes, homes for the aged, homes for children and homes for mental patients. For the purpose of this section, homes for the aged may include a_ge-restricted, for-sale or for-rent residential developments provided such a development includes a City-approved supportive service program that may include services such as an on-site caretaker, on-site property manager, meal service prepared on-site or provided to the site, an off-site transportation shuttle system provided by and dedicated solely for the residents of the development, housekeeping services, social/recreation programs, educational programs, health and nutrition programs, and/or on-site home health care personnel for the senior citizens who will reside within the development." 1119835 Ordinance No. 4860 Page 3 of 5 Section 6: The portion of this Ordinance related to the proposed land use boundary change (Zone Change) between Open Space Hazard (OH) and Institutional (1), is necessary to accommodate a proposed age-restricted affordable rental housing complex in order to implement policies and programs established in the Rancho Palos Verdes General Plan Housing Element and to achieve the City's RHNA allocation. Said affordable housing complex requires a variety of funding sources to make the project viable, one of which includes an application to the State Tax Credit Allocation Committee in April 2009. In addition, the Redevelopment Agency is required to utilize this property for an affordable housing project by March 2010, or risk having to sell the property so that it would not be used for this important public purpose, in accordance with the City's General Plan and Housing Element. Based upon these timing constraints, this Ordinance must become effective immediately upon adoption. As such, this ordinance shall take effect immediately upon adoption as an urgency ordinance. Section 7: The time within which the judicial review of the decision reflected in this Ordinance, if available, must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and other applicable short periods of limitation. Section 8: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 9: The City Clerk shall cause this Urgency Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City. Section 10: This Ordinance is necessary to protect the public welfare and shall go into effect and be in full force and effect immediately upon its passage. 1119835 Ordinance No. 486U Page 4 of 5 PASSED, APPROVED and ADOPTED this 3rd day of March 2009. Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, 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. 486U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 3, 2009 by the following vote: AYES: Long, Stern, Wolowicz and Clark NOES: None ABSENT: Gardiner ABSTAINED: None City Clerk 1119835 Ordinance No. 486U Page 5 of 5 I� � t I 1 I M t 1 I 4o,�5X7 /r PAF1081. 2 low yAcaW ? rNar A PART) 0aQQAAY UN15 451 � 80' e0wo VESTING TENTATIVE PARCEL - MAP NO. 070957 - o CI?'YOFRANCHOPALOS VER DES, \ (ti15y77[F'1TD��L.�i COUNTYOFL4SANUE LES STATE 4F CALIFOR.NlA PAR09L i eel CRBW4—W at �j Ap yo N. TS ZONING MAP APN 7589-013 905 N T S Ordinance No. 486U Exhibit A Page 1 of 1 RANCHOPALOS 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 appointed City Clerk of the City of Rancho Palos Verdes; That on March 9, 2009, she caused to be posted the following document entitled: ORDINANCE NO. 4860, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES APPROVING A ZONE CHANGE (CASE NO. ZON2008-00649) ON A PORTION OF AN EXISTING 19.63 ACRE PARCEL LOCATED AT THE NORTHWEST CORNER OF CRESTRIDGE ROAD AND CRENSHAW BLVD (APN #7589-013-905) FROM OPEN SPACE HAZARD (OH) TO INSTITUTIONAL (1); AND ALSO AMENDING MUNICIPAL CODE SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE LAND USE CATEGORY"HOMES FOR THE AGED";AND DECLARING THE URGENCY THEREOF, a copy of which is attached hereto, in the following locations: City Hall Ladera Linda Community Center 30940 Hawthorne Blvd. 32201 Forrestal Drive Rancho Palos Verdes Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. City Clerk WAFORMSTorm 150-Affidavit of Posting Ordinance No.486U.doc