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ORD 518 ORDINANCE NO. 518 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE, TO ESTABLISH REASONABLE ACCOMMODATIONS PROCEDURES FOR INDIVIDUALS WITH DISABILITIES, TO ESTABLISH STANDARDS FOR SINGLE-ROOM OCCUPANCY FACILITIES, TO IDENTIFY A ZONE IN WHICH EMERGENCY SHELTERS ARE A PERMITTED USE, AND TO ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO. ZON2010- 00183). WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to establish Reasonable Accommodations procedures for individuals with disabilities under the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, and consistent with the City's 2008 Housing Element; and WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to establish standards for single-room occupancy facilities, consistent with the City's 2008 Housing Element; and WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to establish a zone to allow emergency shelters as a permitted use, consistent with Government Code Section 65583(a)(4)(A) and the City's 2008 Housing Element; and WHEREAS, it is necessary to amend Title 17 of the City of Rancho Palos Verdes Municipal Code to identify transitional housing and supportive housing as residential uses of property, in accordance with Government Code Section 65583(a)(5) and consistent with the City's 2008 Housing Element; and WHEREAS, on December 30, 2010, notice of a public hearing on the proposed amendments to 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 January 25, 2011, 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. 2011-05 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 December 17, 2010 and distributed for circulation and review from December 20, 2010 through January 25, 2011; and 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 February 16, 2011, 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 March 15, 2011, 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 ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendments to Title 17 of the Municipal Code, as set forth in Sections 5 — 14 of this Ordinance (hereinafter referred to as the "Amendments"). Section 2: The City Council finds that the Amendments to Title 17 of the Municipal Code are consistent with California Government Code Section 65853, zoning amendment procedures. Section 3: The City Council finds that there is no substantial evidence that the Amendments to Title 17 would result in significant environmental effects. A Negative Declaration has been prepared and Resolution No. 2011-12 has been adopted, certifying the Negative Declaration and making certain environmental findings in association with Case No. ZON2010-00183. Ordinance No. 518 Page 2 of 12 Section 4: 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 5: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 17.67 thereto to read as follows (the underlined text representing new language): "Chapter 17.67 Reasonable Accommodations for Individuals with Disabilities Section 17.67.010 Purpose A. Pursuant to the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, this chapter establishes formal procedures allowing individuals with disabilities and their representatives to request reasonable accommodations in the application of zoning laws and other land use regulations, policies and procedures when necessary to eliminate barriers to housing opportunities. B. A reasonable accommodation granted pursuant to this Chapter shall not be construed as an amendment to this title or a change to the maps which are part of this title. Section 17.67.020 Applicability A. A request for a reasonable accommodation may be made by any person with a disability, their representative, or any developer or provider of housing for an individual with a disability, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. This Chapter is intended for the benefit of those persons who are defined as disabled under Section 17.67.030.B of this Chapter. B. A request for a reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to the housing of their choice. Requests for a reasonable accommodation shall be made in the manner prescribed by this Chapter. C. A request for a reasonable accommodation shall be granted to an individual and shall not run with the land, unless the Community Development Director determines that: 1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with Sections 17.02 and 17.04 of the Rancho Palos Verdes Municipal Code; or Ordinance No. 518 Page 3 of 12 2. The accommodation is to be used by another individual with a disability. Section 17.67.030 Definitions A. "Fair Housing Laws" means the Federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. B. "Individual with a disability" means a person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having that type of impairment or, anyone who has a record of that type of impairment. People who are currently using illegal substances are not considered individuals with a disability under the Fair Housing Laws, unless they have an otherwise qualifying disability. Section 17.67.040 Application Requirements A. Application. Requests for a reasonable accommodation shall be submitted on an application form provided by the Community Development Department, or in the form of a letter to the Community Development Director. The application shall contain the following information: 1. The applicant's name, address and telephone number. 2. Address of the property for which the request is being made. 3. The current actual use of the property. 4. Documentation that the applicant is: (A) an individual with a disability; (B) applying on behalf of one or more individuals with a disability; or (C) a developer or provider of housing for one or more individuals with a disability. 5. The specific exception or modification to the zoning code provision, regulation, policy, or practice that is being requested. 6. Documentation that the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. Section 17.67.050 Reviewing Authority A. Community Development Director. Requests for a reasonable accommodation shall be reviewed by the Community Development Director if no approval is sought other than the request for a reasonable accommodation. Section 17.67.060 Procedures A. A written request for reasonable accommodations shall be made pursuant to Section 17.67.040 of this Code. Ordinance No. 518 Page 4 of 12 B. If the applicant needs assistance in making the request for reasonable accommodation, the Community Development Department shall provide the assistance necessary to ensure that the process is accessible to the applicant. C. Within thirty days of an application being submitted, the Director may request additional information necessary for making a determination regarding the request for a reasonable accommodation that complies with the Fair Housing Law's protections and the privacy rights of the individual with a disability to use the specified housing. If additional information is requested, the sixty-day time period for making a determination on the request stops running until the additional information is provided. Section 17.67.070 Action by the Director A. The Community Development Director shall issue a written determination within sixty (60) days of the receipt of a complete application, unless extended in writing by mutual agreement of the City and the applicant. B. The Director may grant a reasonable accommodation request only upon finding that: 1. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Fair Housing Laws; 2. The requested accommodation is necessary to make housing available to an individual with a disability protected under the Fair Housing Laws; 3. The requested accommodation will not impose an undue financial or administrative burden on the City; 4. The requested accommodation will not require a fundamental alteration in the nature of the City's zoning regulations and policies; and 5. There are no alternatives to the requested accommodations that may provide an equivalent level of benefit. C. The Director may impose conditions upon the approval of the reasonable accommodation request deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection (B) above. Conditions of approval may, where deemed appropriate, provide for any or all of the following: 1. The reasonable accommodation shall only be applicable to particular individual(s). 2. Periodic inspection of the affected premises as specified in the conditions, to verify compliance with this Chapter and with any applicable conditions of approval. 3. Prior to any transfer of interest in the premises, notice shall be given to the transferee of the existence of the modification, and the requirements that the Ordinance No. 518 Page 5 of 12 transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity. 4. Removal of the improvement if the need for which the accommodation was granted no longer exists., 5. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists. 6. Other reasonable conditions deemed necessary to protect the public health, safety, and welfare. D. Prior to the issuance of any permits relative to an approved reasonable accommodation, the Director may require the applicant and/or owner to record a covenant in the county recorder's office acknowledging and agreeing to comply with the terms and conditions established in the determination, and to provide notice to future owners that a reasonable accommodation has been approved. Section 17.67.080 Notice of Determination Upon approval of a reasonable accommodation request by the Director, written notice of such decision shall be given to the applicant and to all owners of property adjacent to the subject property. Notice of denial shall be given to only the applicant. Section 17.67.090 Appeal of Determination Any interested person may appeal a decision of the Director to the Planning Commission and a decision of the Planning Commission to the City Council pursuant to Chapter 17.80 (Hearing and Appeal Procedures) of this Title. No reasonable accommodation shall be effective and no development permitted by a reasonable accommodation shall be initiated or construction started, until the appeal period has been exhausted. Section 17.67.100 Expiration of Approval Any modification granted through a reasonable accommodations procedure for an individual with a disability shall be considered a personal accommodation for the individual applicant and shall not run with the land." Section 6: Section 17.20.020 (Uses and development permitted) of Chapter 17.20 (Commercial General District) of Title 17 of the Municipal Code is hereby amended to read as follows (the underlined text represents new language): "17.20.20. Uses and development permitted. Uses allowed in Sections 17.14.020 (Commercial Limited (CL) District) and 17.16.020 (Commercial Neighborhood (CN) District) and a wider range of uses including such uses as major department stores, major hardware, home improvement stores, appliance stores, furniture stores and any similar uses clearly related to the Ordinance No. 518 Page 6 of 12 surrounding area as approved by the director. In addition, emergency shelters as defined in Section 17.96.625 shall be a permitted use. The director's determination 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)." Section 7: Section 17.96.1685 of Chapter 17.96 (Definitions) of Title 17 of the Municipal Code is hereby added to read as follows: "17.96.625. Emergency Shelters. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay." Section 8: Section 17.20.030 (Uses and development permitted by conditional use permit) of Chapter 17.20 (Commercial General District) of Title 17 of the Municipal Code is hereby amended to read as follows (the underlined text represents new language): "17.20.030 Uses and development permitted by conditional use permit. The following uses may be permitted in the commercial general (CG) zone if it is found in each individual case by the planning commission, that the criteria and limitations imposed on such uses by other provisions of this title are satisfied, and if specific conditions are imposed to carry out the intent and purpose set out in Section 17.20.010 of this chapter and Chapter 17.60 (Conditional Use Permits): A. Automobile service stations, pursuant to Section 17.76.090 (Automobile service stations); B. Automobile service stations and car washes accompanying auto service stations, as per Section 17.76.090 (Automobile service stations); C. Car washes; D. Wholesale plant nurseries; E. Flower and produce stands and similar commercial/agricultural retail uses; F. Hotels; G. Movie theaters, billiard halls, bowling alleys, skating rinks and other similar commercial-recreational uses; H. Fitness studios, dance schools, computer schools and other similar educational activities or uses; I. Convenience stores as per Section 17.76.080 (Convenience stores); J. Recycling drop-off/collection facilities and community service recycling programs pursuant to Chapter 17.58 (Recycling); K. Outdoor sale, storage or display of merchandise and/or provisions of services, only in conjunction with a permanent use in a building, except for temporary outdoor uses which may be permitted with a special use permit Ordinance No. 518 Page 7 of 12 or temporary vendor permit, pursuant to Chapter 17.62 (Special Use Permits), by the director; L. Bed and breakfast inns; M. Cleaners/laundry uses which have cleaning operations on site; N. Churches; O. Commercial antennas, pursuant to Section 17.76.020 (Antennas and satellite dishes); P. Concurrent sales of alcohol and motor fuel; Q. Developments of natural resources, except in the coastal specific plan district; R. Golf courses, driving ranges and related ancillary uses; S. Governmental facilities; T. Public utility structures; U. Outdoor active recreational uses and facilities; V. Restaurants that sell alcoholic beverages and have dancing, live entertainment, or four or more billiard tables, dart boards, or other games which may be used for competition and/or recreation; restaurants that sell alcoholic beverages and change the type of retail license classification they hold under authority of the State Department of Alcoholic Beverage Control; and restaurants that provide drive-through window service for vehicles; W. Small wind energy systems, pursuant to Section 17.83.060 (Small wind energy systems); anct X. Single-room occupancy facilities pursuant to Section 17.76.190; and Y. Such uses as the director deems to be similar and no more intensive. Such a determination 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). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program. Section 9: Title 17 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 17.76.190 thereto to read as follows (the underlined text represents new language): "17.76.190 Single-Room Occupancy Facilities A. Purpose. This section provides criteria for the development, operation and regulation of single-room occupancy facilities. These criteria ensure that single-room occupancy facilities are developed and operated on adequate sites, at proper and desirable locations with respect to development patterns, adjacent land uses, and the goals and objectives of the general plan and any applicable specific plans. Ordinance No. 518 Page 8 of 12 B. Development Standards. The following development standards shall apply to single-room occupancy facilities: 1. Lot area per unit. No minimum lot area per unit standard shall apply to single-room occupancy facilities. 2. Unit Size and Occupancy. The minimum size of a single-room occupancy unit shall be 150 square feet and the maximum size shall be 220 square feet which may include bathroom and/or kitchen facilities. 3. Common Area. A minimum of ten square feet per unit or 250 square feet, whichever is greater, shall be provided for common area. All common area shall be within the building. Recreation rooms, meeting rooms, dining rooms, or other similar areas approved by the Director may be considered common area. Shared bathrooms and kitchens shall not be considered as common areas. 4. Management. A single-room occupancy management plan shall be submitted to, reviewed, approved and enforced by the Community Development Director. The management plan shall be approved prior to issuance of a certificate of occupancy. The management plan shall be comprehensive and contain management policies and operations, rental procedures and rates, maintenance plans, residency and guest rules and procedures, security procedures, and staffing needs including job descriptions. A 24-hour resident manager shall be provided for any single-room occupancy use with 12 or more units. 5. Development Standards. Except as to the development standards expressly set forth herein, single-room occupancy shall meet the commercial development standards of the district in which it is located. 6. Parking. One parking space for every two units shall be provided, with a minimum of 2 parking spaces for the entire facility. 7. Kitchen Facilities. In each unit, a kitchen sink serviced with hot and cold water with a garbage disposal and a counter top measuring a minimum of 18 inches wide by 24 inches deep shall be required. A complete kitchen facility available for residents shall be provided on each floor of the structure, if each individual unit is not provided with a minimum of a refrigerator and a microwave oven. 8. Bathroom Facilities. For each unit a private toilet in an enclosed compartment with a door shall be provided. This compartment shall be a minimum of 15 square feet. If private bathing facilities are not provided for each unit, shared shower or bathtub facilities shall be provided at a ratio of 1 shower or bathtub facility for every 7 units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door." Section 10: Section 17.04.030 (Uses and development permitted by conditional use permit) of Chapter 17.04 (Multiple-Family Residential Districts) of Title 17 of the Ordinance No. 518 Page 9 of 12 Municipal Code is hereby amended to read as follows (the underlined text represents new language): "17.04.030. Uses and development permitted by conditional use permit. Only the following uses and developments may be conducted or constructed with approval of a conditional use permit pursuant to Chapter 17.60 (Conditional Use Permits): A. Condominium, stock cooperative and similar developments where the structure and/or lot is divided for sale, or where exclusive use of a unit is granted to an individual or individuals upon purchase of stock; B. Minor commercial uses; provided, that such commercial uses are clearly incidental and auxiliary to the development, and are designed for the sole use of the residents of the development; C. Mobile home parks, with the following provisions; 1. Mobile home parks shall be a minimum area of ten acres; 2. The lot area per mobile home or mobile home space shall not be less than four thousand square feet; 3. Mobile homes shall conform to setback and open space area standards for the district in which they are located; 4. There shall be a distance of not less than fifteen feet between mobile homes; 5. Mobile home parks shall provide a minimum of two, non-tandem parking spaces per mobile home site; 6. One storage space shall be provided for recreational vehicles per every five mobile home sites. Such storage space shall not be tandem to the parking spaces required in Section 17.04.030(C)(5) of this chapter; D. Residential care facilities involving seven or more patients; E. The growing of crops and/or fruits on more than one acre or for commercial purposes; F. Bed and breakfast inns; G. Commercial antennas and satellite antennas, pursuant to Section 17.76.020 (Miscellaneous Permits and Standards); H. Golf courses, driving ranges and related ancillary uses; I. Government facilities; J. Public utility structures; K. Outdoor active recreational uses and facilities; and L. Supportive Housing and Transitional Housing; and M. Such other uses as the director deems to be similar and no more intensive. Such a determination may be appealed to the planning commission and the planning commission's decision may be appealed to the city council pursuant to Section 17.80.050 (Hearing Notice and Appeal Procedure). If a proposed use or development is located in the coastal specific plan district, the city's final decision regarding such other use may Ordinance No. 518 Page 10 of 12 be appealed to the California Coastal Commission for a determination that the uses are similar and compatible with the local coastal program." Section 11: Section 17.96.2095 of Chapter 17.96 (Definitions) of Title 17 of the Municipal Code is hereby added to read as follows: "17.96.2095. Supportive housing. A facility that provides housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status and maximizing his or her ability to live and, when possible, work in the community. For purposes of this definition, "target population" means persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the California Welfare and Institutions Code) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people." Section 12: Section 17.96.2115 of Chapter 17.96 (Definitions) of Title 17 of the Municipal Code is hereby added to read as follows: "17.96.2115. Transitional housing. Rental housing that in which residents stay longer than overnight, but not more than six months, and is exclusively designated and targeted for individuals and households at immediate risk of becoming homeless or transitioning from homelessness to permanent housing." Section 13: 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 the use ceases or terminates operation 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 14: The amendments to Title 17 of the Rancho Palos Verdes Municipal Code as identified herein shall apply to all uses submitted after the effective date of the adoption of said ordinance. Section 15: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted in the manner prescribed by law. Ordinance No. 518 Page 11 of 12 PASSED, APPROVED and ADOPTED this 5th day of April 2011. r Mayor ATTEST: ittALi 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 members of the City Council of said City is five; that the foregoing Ordinance No. 518 passed first reading on March 15, 2011, was duly and regularly adopted by the said City Council of said City at a regular meeting thereof held on April 5, 2011, and that the same was passed and adopted by the following roll call vote: AYES: Campbell, Misetcih, Wolowicz and Mayor Long NOES: None ABSENT: Stern ABSTAIN: None c ' ) City Clerk Ordinance No. 518 Page 12 of 12 '41! RANCHO 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 6, 2011, she caused to be posted the following document entitled: ORDINANCE NO. 518-, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE CITY'S MUNICIPAL CODE, TO ESTABLISH REASONABLE ACCOMMODATIONS PROCEDURES FOR INDIVIDUALS WITH DISABILITIES, TO ESTABLISH STANDARDS FOR SINGLE-ROOM OCCUPANCY FACILITIES, TO IDENTIFY A ZONE IN WHICH EMERGENCY SHELTERS ARE A PERMITTED USE,AND TO ESTABLISH PROCEDURES FOR THE DEVELOPMENT OF TRANSITIONAL AND SUPPORTIVE HOUSING (CASE NO. ZON2010-00183), 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. s'7? f s h PA,e dje City Clerk W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.518.doc