ORD 495 ORDINANCE NO. 495
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING) AND CHAPTER
17.96 (DEFINITIONS) OF THE CITY'S MUNICIPAL CODE TO CONFORM
TO STATE DENSITY BONUS LAW.
WHEREAS, Chapter 17.11 of Title 17 of the Rancho Palos Verdes Municipal Code
(the "Municipal Code") sets forth various procedures and regulations regarding provision of
affordable housing within the City; and
WHEREAS, certain provisions of Government Code Section 65915 that pertain to
density bonuses, incentives, and concessions provided to developers for the production of
affordable housing have been revised by the state legislature by adoption of Assembly Bill
2280; and
WHEREAS, Government Code Section 65915(a) stipulates that
"All cities . . . shall adopt an ordinance that specifies how compliance with [state density
bonus requirements] will be implemented;" and
WHEREAS, it is necessary to amend the City of Rancho Palos Verdes' existing
density bonus provisions set forth in Chapter 17.11 of Title 17 of the Municipal Code and
certain definitions as set forth in Chapter 17.96 of Title 17 of the Municipal Code
(collectively, the "Amendments") to conform with state law; and
WHEREAS, on May 11, 2009, notice of a public hearing on the proposed
amendments to Chapters 17.11 and 17.96 of Title 17 of the Municipal Code was published
in the Palos Verdes Peninsula News; and
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code,.the Planning Commission conducted a public hearing on June 9,
2009, at which time all interested parties were given an opportunity to be heard and
present evidence regarding said Amendments as set forth in the Planning Commission
Staff Report of that date; and
WHEREAS, the Planning Commission reviewed and considered the proposed code
amendments to Title 17 and adopted P.C. Resolution No. 2009-26 forwarding its
recommendations to the City Council for its consideration; and,
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Sections 21000 et. seq. ("CEQA"), the State's CEQA Guidelines,
California Code of Regulation, Title 14, Section 15000 et. seq., and the City's Local CEQA
Guidelines, the City of Rancho Palos Verdes prepared an Initial Study and determined that
there is no substantial evidence that the Amendments would result in a significant adverse
effect upon the environment and, therefore, a Negative Declaration has been prepared and
notice of same was given in the manner required by law; and
WHEREAS, the Initial Study was prepared on May 11, 2009 and distributed for
circulation and review from May 11, 2009 through June 2, 2009; and
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WHEREAS, copies of the draft Negative Declaration were distributed to the City
Council, and prior to taking action on the proposed Amendments, the City Council
independently reviewed and considered the information and findings contained in the
Negative Declaration and determined that the document was prepared in compliance with
the requirements of CEQA and local guidelines, with respect thereto; and
WHEREAS, on July 2, 2009, a notice of a City Council public hearing on this code
amendment was published in the Palos Verdes Peninsula News; and
WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on July 21,
2009, at which time all interested parties were given an opportunity to be heard and
present evidence;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council has reviewed and considered the amendments to
Chapter 17.11 and Chapter 17.96 of the Municipal Code.
Section 2: The City Council finds that the amendments to Title 17 of the
Municipal Code are necessary to preserve the public health, safety, and general welfare in
the area.
Section 3: Section 17.11.020 of Chapter 17.11 (Applicability) of Title 17 of the
Municipal Code is hereby amended to read as follows:
"17.11.020. Applicability.
The requirements of this chapter shall apply to all applications which will result in
the creation of five or more dwelling units or residential lots, including but not limited to,
applications for a tentative tract map, parcel map, conditional use permit, coastal permit,
building permit or other development entitlement. Where an initial project consists of four
or fewer units, and application is made within three years of the initial project approval to
further subdivide or expand the initial project such that the total number of dwelling units or
residential lots is equal to five or more, subsections 17.11.040 and 17.11.050 of this
chapter shall apply.
The requirements of this chapter shall also apply to all applications for demolition or
conversion of three or more dwelling units in the coastal specific plan district described in
Chapter 17.72 (Coastal Permits), as specified in Section 17.11.130 of this chapter. Where
an initial project consists of two or fewer units, and application is made within three years
of the initial project approval to further subdivide or expand the initial project such that the
total number of dwelling units or residential lots is equal to three or more, this chapter shall
apply.
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Ordinance No. 495
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The requirements of this chapter shall also apply to any development project that
has been approved prior to adoption of this chapter, which contains a condition requiring
the provision of affordable housing.
This chapter shall further apply to conversion of existing residential rental projects to
condominium or stock cooperative ownership at any location in the city.
No residents may be evicted for the purpose of avoiding the requirements of this
section. Where residents have been evicted in the twelve months prior to filing an
application listed in this section, a presumption of avoidance shall be made, unless
evidence to the contrary is submitted to, and approved by, the city."
Section 4: Subsection (A)(3)(c) of Section 17.11.060 (Affordable Housing
Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read
as follows:
"c. For housing developments meeting the criteria of Section 17.11.060(A)(1)(c),
the density bonus shall be twenty percent of the number of senior housing units."
Section 5: Subsection (A)(3)(e) of Section 17.11.060 (Affordable Housing
Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read
as follows:
"e. A housing development may meet the criteria for more than one density-bon-us,
for a housing development exceed thirty five percent. The City has the authority but not
the obligation to grant a density bonus in excess of 35 percent if the applicant provides
benefits in the form of additional affordable units beyond the minimums required by this
chapter.
Section 6: Subsection (C)(1)(c) of Section 17.11.060 (Affordable Housing
Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read
as follows:
"C. The transferred land is at least one acre in size or of sufficient size to permit
development of at least forty units, has the appropriate general plan designation, is
appropriately zoned for development as affordable housing at the density described in
paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code, and is or will
be served by adequate public facilities and infrastructure. The land shall have appropriate
zoning and development standards to make the development of the affordable housing
units feasible. No later than the date of approval of the final subdivision map, parcel map,
or of the residential development, the transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development of the very low
income housing units on the transferred land, except that the city may subject the
proposed development to subsequent design review to the extent authorized by
subdivision (i) of Section 65583.2 of the Government Code if the design is not reviewed by
the city prior to the time of transfer."
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Section 7: Subsection (C)(1)(d) of Section 17.11.060 (Affordable Housing
Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read
as follows:
"d. The transferred land and the affordable housing units shall be subject to a deed
restriction ensuring continued affordability of the units consistent with Section
17.11.070(A), which shall be recorded on the property at the time of de4ication the
transfer."
Section 8: A new Subsection (C)(1)(g) of Section 17.11.060 (Affordable Housing
Incentives) of Chapter 17.11 of Title 17 of the Municipal Code is hereby added to read as
follows:
"g. A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the final subdivision map, parcel map, or residential
development application."
Section 9: Subsection (B)(2)(a) of Section 17.11.070 (Period of Affordability) of
Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:
"a. Upon resale, the seller of the unit shall retain the value of any improvements,
the down payment, and the seller's proportionate share of appreciation. The city shall
recapture any initial subsidy and its proportionate share of appreciation, which shall then
be used within three five years for any of the purposes described in subdivision (e) of
Section 33334.2 of the Health and Safety Code that promote homeownership."
Section 10: Subsection (B)(2)(c) of Section 17.11.070 (Period of Affordability) of
Chapter 17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:
"c. For purposes of this subsection B, the city's proportionate share of appreciation
shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at
the time of initial sale."
Section 11: A new subsection (D)(2)(c) of Section 17.11.080 (Feasibility) of
Chapter 17.11 of Title 17 of the Municipal Code is hereby added to read as follows:
"c. That the concession or incentive would be contrary to state or federal law."
Section 12: Subsection (F)(1) of Section 17.11.080 (Feasibility) of Chapter 17.11
of Title 17 of the Municipal Code is hereby amended to read as follows:
"1. Any development standard set forth in the Municipal Code, general plan, any
specific plan, condition, policy, law, resolution or regulation that has the effect of physically
precluding the construction of a development meeting the criteria of Section
17.11.060(A)(1) of this chapter shall be waived or modified pursuant to a request from the
applicant, except however nothing in this subsection shall be interpreted to require the city
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Ordinance No. 495
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to waive or reduce development standards if the waiver or reduction would have a specific
adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon health, safety, or the physical environment and for which there is
no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing
in this subsection shall be interpreted to require the city to waive or reduce development
standards that would have an adverse impact on any real property that is listed in the
California Register of Historical Resources. Nothing in this subsection shall be interpreted
to require the city to waive or reduce development standards that would be contrary to
state or federal law. A proposal for the waiver or reduction of development standards
pursuant to this subsection shall neither reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant to section 17.11.060(E)."
Section 13: Section 17.96.555 (Density, maximum allowable residential) of
Chapter 17.96 of Title 17 of the Municipal Code is hereby amended to read as follows:
"17.96.555. Density, maximum allowable residential. "Maximum allowable
residential density" means the density allowed under the zoning ordinance and land use
element of the general plan, or if a range of density is permitted, means the maximum
allowable density for the specific zoning range and land use element of the general plan
applicable to the project. Where.the density allowed under the zoning ordinance is not the
same as the density allowed`under the land use element of the general plan, the general
plan density shall prevail."
Section 14: Section 17.96.585 (Development standard) of Chapter 17.96 of Title
17 of the Municipal Code is hereby amended to read as follows:
"17.96.585. Development standacci Standard. "Development standard" means and
includes a site or construction ' ' condition including, but not limited to, a
height limitation, a setback requirement, a floor area ratio, an onsite open-space or lot
coverage requirement, or a parking ratio that apply applies to a residential development
pursuant to any ordinance, general plan element, specific plan, charter amendment, or
other local condition, law, policy, resolution, or regulation."
Section 15: The rights given by any approval granted under the terms of Title 17 of
the Rancho Palos Verdes Municipal Code prior to the effective date of this ordinance shall
not be affected by the amendments to Title 17 by this ordinance and shall continue in
effect until and unless they are modified, revoked, expired or are otherwise terminated
according to the terms of the approval or the terms of Title 17, as they existed prior to the
effective date of this ordinance.
Section 16: The amendments to Title 17 of the Rancho Palos Verdes Municipal
Code as identified herein shall apply to all development applications submitted after the
effective date of this ordinance and to all development applications that have not been
deemed complete prior to the effective date of the adoption of this ordinance.
Section 17: Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to
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Ordinance No. 495
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be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or
ineffective.
Section 18: Publication. The City Clerk shall cause this Ordinance to be published
at least once in a newspaper of general circulation published and circulated in the City
within fifteen (15) days after its passage, in accordance with Section 36933 of the
Government Code; shall attest and certify to the adoption of this Ordinance and shall
cause this Ordinance and the City Clerk's certification, together with proof of publication, to
be entered in the Book of Ordinances of the Council of this City.
Section 19: Effective Date. 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 6th :ay of Octo•-r, 2009.
4* 612
Mayor
ATTEST:
gaeot— / 7 //
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. 495 passed first reading on September 15, 2009, was duly and
regularly adopted by the City Council of said City at a regular meeting thereof held on
October 6, 2009 by the following vote:
AYES: Dyda, Long, Stern, Wolowicz and Clark
NOES: None
ABSENT: None
ABSTAINED: None
gedie---C71294A-egit-
City Clerk
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Ordinance No. 495
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RANCHO PALOS VERDES
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 October 8, 2009, she caused to be posted the following document
entitled: ORDINANCE NO. 495,AN ORDINANCE OF THE CITY OF RANCHO
PALOS VERDES AMENDING CHAPTER 17.11 (AFFORDABLE HOUSING)
AND CHAPTER 17.96 (DEFINITIONS) OF THE CITY'S MUNICIPAL CODE
TO CONFORM TO STATE DENSITY BONUS LAW, 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.
&de_ //
City Clerk
W:\FORMS\Form 150-Affidavit of Posting Ordinance No.495.doc