ORD 487 ORDINANCE NO. 487
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 (I); AND ALSO AMENDING
MUNICIPAL CODE SECTION 17.26.030.E FOR THE PURPOSE
OF FURTHER DEFINING THE LAND USE CATEGORY "HOMES
FOR THE AGED."
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 Hazard (OH) and the existing
Zoning Designation of Institutional (I), 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
Ordinance No. 487
Page 2 of 4
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 (I) 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 age-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 solel for the residents of the develo•ment housekee•in• 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."
Section 6: 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 7: 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 8: The City Clerk shall cause this 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.
Ordinance No. 487
Page 3 of 4
Section 9: This Ordinance shall go into effect and be in full force and effect at 12:01
a.m. on the thirty-first (31st) day after its passage.
PASSED, APPROVED and ADOPTED this 7th day of April 2009.
•
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ayor
ATTEST:
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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 number of members of the City Council of said City is five; that the foregoing Ordinance
No. 487 passed first reading on March 3, 2009, was duly and regularly adopted by the City
Council of said City at a regular meeting thereof held on April 7, 2009 by the following vote:
AYES: Long, Wolowicz and Clark
NOES: None
ABSENT: Gardiner and Stern
ABSTAINED: None
/ ?#(._
City Clerk
Ordinance No. 487
Page 4of4
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Exhibit A
Ordinance 487
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RANCHO A OS
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 April 20, 2009, she caused to be posted the following document
entitled: ORDINANCE NO.487,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 (I); AND ALSO AMENDING MUNICIPAL CODE
SECTION 17.26.030.E FOR THE PURPOSE OF FURTHER DEFINING THE
LAND USE CATEGORY "HOMES FOR THE AGED ", 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.
_. CAPIL(Zejl----
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.487.doc