PC RES 2005-047 P.C. RESOLUTION NO. 20 5-47
RESOLUTION F THE PLANNING MISSI F THE CITY OF
RANCHO P L S VERDES RECOMMENDING TO THE CITY COUNCIL
THE ADOPTIONF AN ORDINANCE TO AMENDTITLE 17 OF THE
CITY'S MUNICIPAL CODE PERTAININGTO CHAPTER 17.11
"AFFORDABLE HOUSI ".
WHEREAS, on October 18, 2005, the City Council directed staff to initiate a code
amendment to Chapter 17.11, "Affordable Housing", that would clearly specify a
preference for the construction of new affordable housing units over the payment of an
in lieu fee, including specific criteria to be used to determine when construction is
financially infeasible; and,
WHEREAS, on October 22, 2005 a notice was published in the Palos Verdes
Peninsula News; and,
WHEREAS, after notices issued pursuant to the provisions of the Rancho Palos
Verdes Municipal Code, the Planning Commission conducted a public hearing on
November 22, 2005 at which time all interested parties were given an opportunity to be
heard and present evidence regarding said amendments to Title 17 as set forth in the
Planning Commission Staff Report of that date.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
Section 1: The Planning Commission has reviewed 'and considered the
amendments to Title 17 of the Municipal Code.
Section 2: That the amendments to Title 17 of the Municipal Code are
consistent with California Government Code Section 65853, zoning amendment
procedures.
Section 3: That the amendments to Title 17 are consistent with the Rancho
Palos Verdes General Plan and Coastal Specific Plan in that they continue to implement
the General Plan Housing Element's Goal to 'Assist in the provision of housing
affordable to very low, low and moderate-income families" as the proposed
amendments do not alter the requirements for number of affordable units to be provided
by a developer per Chapter 17.11.
Section 4: That the proposed amendments to Chapter 17.11 will assist in the
provision of affordable housing units by ensuring that developer requests for payment of
fees to the City in lieu of providing affordable units will be analyzed in more detail to
ensure that the payment of a fee is not a method used by developers to simply transfer
their obligation for providing affordable housing units to the City.
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Section 5: 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, since the
new amendments simply identify a procedure for developers to go through when
requesting to pay a fee in lieu of providing affordable units as part of their proposed
project. An Addendum (No. 13) to the prior Negative Declaration has been prepared
and is attached hereto as Exhibit "A". The Planning Commission hereby finds, based
on its own independent judgment, that the facts stated in the Addendum are true.
Section 6: Section 17.11.050 of Title 17 is hereby amended to read as follows
(the bold underlined text represents new language and the trikethr-G onh text
represents deleted language):
17.11.050 In lieu fees.
To help meet the city's affordable housing obligation, the city requires that
development projects provide affordable housing units as part of the project and
not pay a fee in lieu of providing said units. However, on city council approval,
in-lieu fees may be provided as an alternate to units required pursuant to Sections
17.11.040 or 17.11.130 of this chapter. In order for the city council to grant a
approval for an applicant to pay a fee in lieu of providing the required units, a
feasibility study application must be submitted by the project applicant pursuant
to Section 17.11.080.B.2, and all findings per Section 17.11.080.D.3 related to such
request must be adopted by the city council. The fee per affordable unit to be
provided shall be established by city council resolution.
Section 7: Section 17.11.080 of Title 17 is hereby amended to read as follows
(the bold underlined text represents new language and the Wil'"'Fo, gh text
represents deleted language):
17.11.080 Feasibility.
A. Applicability. A feasibility study shall be required when:
1. Provision of units affordable to low and very low income households in accordance
with Section 17.11.040 of this chapter is not contemplated,
2. An existing development in the coastal specific plan district meets the criteria of
Section 17.11.130 of this chapter and the provision of replacement units affordable to
low and moderate income households is not contemplated,or
3. A developer has requested one or more incentives in addition to the density bonus,
pursuant to Section 17.11.060 of this chapter or
4. A developer has requested to pay a fee in lieu of providing affordable housing
units per Section 17.11.050.
B. Application.
1. Submission of a feasibility study per Sections 17.11.080.A.1 through
17.11.080.A.3 shall be as follows: The applicant shall deposit with the city a fee
adequate to compensate for the cost of the study in addition to an administrative fee at a
level to be established by resolution of the city council. The applicant shall provide a
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project proforma, data regarding existing rents and existing tenant income for existing
residential projects to be converted or demolished, and any other information deemed
necessary by the director. The application package shall not be deemed complete until
the feasibility study is completed to the satisfaction of the director.
2. Submission of a feasibility study per Section 17.11.080.A.4 shall be as
Mows: The applicant shall submit a letter reguestin_g to pay a fee in lieu of
providing affordable units and shall deposit with the city a fee to cover the costs
of reviewing and processing such request at a level to be established by
resolution of the city council. Said letter shall include the reason(s) why the
request is being made, address all of the items noted in Section 17.11.080.C.2, and
describe how the request meets the findings as described in Section
17.11.080.D.3. Additionally, the applicant shall provide a proiect grofor a, and/or
any other information deemed necessary bZ the Director.
C. Study Contents. The study shall examine the feasibility of providing affordable units
in accordance with.Sections 17.11.040 and 17.11.130 of this chapter, as applicable.
Additionally;
1. If an application has been filed for an affordable housing incentive in addition to a
density bonus, the study shall examine the feasibility of providing the affordable housing
without the additional affordable housing incentive. If this is demonstrated not to be
feasible, the study shall examine other affordability scenarios at the discretion of the
director. These may include the feasibility of providing fewer units affordable to low and
very low income households and units affordable to progressively higher income
households, as approved by the director.
2. if an application has been filed requesting to pay a fee in lieu of proving
affordable housing units, then the feasibility study shall evaluate:
a. That specific economic environmental or technical factors render
impossible the provision of new affordable units pursuant to the
requirements of Section 17.11.040 of this chapter;
b. The impacts to the development proiect if the city council denied the
applicant's request to pay a fee in lieu of providing affordable housing
as part of the development; and
c. A cost/benefit analysis that compares all of the available alternatives to
the applicant in meeting the applicant's affordable housing obligation,
which would include but not be limited to, providing new affordable
units as part of the proiect development, providing new affordable units
elsewhere in the city, converting existing market-rate units to affordable
units within the city, and providing the in-lieu fee.
D. Written Findings Required.
1. Approval of a lesser amount of housing affordable to the specified income groups
than would otherwise be required under the provisions of Sections 1711.040 and
17.11.130 of this chapter may be approved by the city council upon adoption of the
following findings:
a. That specific economic, environmental or technical factors render impossible
the provision of new dwelling units affordable to low and/or very low income
households, pursuant to the requirements of Section 17.11.040 of this chapter, or
of replacement units affordable to low and/or moderate income households
pursuant to the requirements of Section 17.11.130 of this chapter;
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b. That these factors are documented in a feasibility study which has been
prepared for the proposed project, which study has been reviewed and approved
by the city and is part of the public record for the project.
2. Approval of an applicant's requested concession or incentive in addition to a
density bonus shall be approved by the city council unless, based on substantial
evidence including a feasibility study that has been reviewed and approved by the city
and is part of the public record for the project, one or both of the following written
findings is made:
a. That the concession or incentive is not required in order to provide for
affordable housing costs, as defined in Section 50052.5 of the Health and Safety
Code, or for rents for the targeted units to be set as specified in subdivision (c) of
Section 65915 of the Government Code; or
b. That the concession or incentive would have a specific adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government
Code, upon the public health and safety or the physical environment or on any
real property that is listed in the California Register of Historical Resources and
for which there is no feasible method to satisfactorily mitigate of avoid the
specific adverse impact without rendering the development unaffordable to low-
and moderate-income households.
3. Approval of an applicant's request to pay a fee in lieu ofproviding affordable
housing units shall be approved by the city council provided the following
findings are made:
a. The payment of a fee in lieu of providing affordable units as part of the
prol2osed pMlect has been determined by the city council to be the most
beneficial method for the city in meeting its affordable housing obligations.
E. Public Hearing. A noticed public hearing shall be held before the city council prior to
adoption of any finding regarding feasibility. This hearing may be held concurrently with
any hearing required for the project application.
F. Waiver or Reduction of Development Standards.
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
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 paragraph shall be interpreted to require
the city 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 paragraph 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.
2. The applicant shall include any request for waiver or reduction of development
standards in the application required by Section 17.11.080(8) of this chapter. Further,
the study required by Section 17.11.080(C) of this chapter shall study the feasibility of
providing affordable housing in a manner that does not require waiver or reduction of the
city's development standards. (Ord. 394§§ 8--9, 2003, Ord. 320§ 7(part), 1997)
Section 8: 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 the
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adoption of said 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 9: 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 the adoption of said ordinance and to all development applications that
have not been decided upon prior to the effective date of the adoption of said ordinance.
Section 10: For the foregoing reasons, and based on the information and
findings included in the Staff Report, Minutes, and other records of proceedings, the
Planning Commission of the City of Rancho Palos Verdes hereby recommends that the
City Council adopt an Ordinance amending Title 17 of the City's Municipal Code
pertaining to revisions to Chapter 17.11, "Affordable Housing".
PASSED, APPROVED, AND ADOPTED this 22nd day of November 2005, by the
following vote:
AYES: Commissioners Karp, Perestam, Golida, Vice Chairman Knight, Chairman
Tetreault
NOES: None
ABSTENTION: None
ABSENT: Commissioners Gerstner and Mueller
if 4 ,, •
Paul Tetreault
Chairman
..01110110
Joe 'o -s, AIC'
Dir-cto► of Pla •, Building
ant C%de Enfo -ment; and,
Secretary to the Planning Commission
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ADDENDUM . 13 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE E LARATI (EA/ND) NO. 694
NOVEMBER 22, 200
On April 1, 1997, the City Council adopted Resolution No. 97-25, thereby adopting a
Negative Declaration for Environmental Assessment No. 694 for amendments to Titles
16 and 17 of the City's Municipal Code. Prior to its adoption, the Negative Declaration
was circulated for public comment from March 4 through March 24, 1997 and no
substantive comments were received from any persons or responsible agencies. In
adopting the Negative Declaration, the City Council found: 1) that there would be no
significant adverse environmental impacts resulting from the adoption of the
amendments; 2) that many of the amendments were clarifications and minor non-
substantive revisions; and 3) that the substantive amendments would reduce impacts
on the environment since the requirements and regulations governing development in
the City would generally be strengthened, thereby further reducing any adverse impacts
to adjacent properties and upon the environment.
The Planning Commission is currently reviewing amendments to Title 17 of the
Development Code that would revise Chapter 17.11, "Affordable Housing", so as to
define a process wherein a developer may request Council approval of the payment of a
fee in lieu of providing affordable housing units. The Planning Commission has
independently reviewed this item and determined that the proposed amendments will
not result in any new significant environmental effects. Furthermore, the Planning
Commission recommends that the City Council find the amendments to be within the
scope of EA/ND No. 694 that were prepared and adopted in conjunction with the
amendments to Titles 16 and 17, which were adopted on April 19, 1997 by the City
Council. As a result, the Planning Commission recommends to the City Council that no
further environmental review is necessary other than the City Council's adoption of this
Addendum No. 13.
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