PC RES 2009-026 P.C. RESOLUTION NO. 2009-26
RESOLUTION F THE PLANNING I I F THE CITY OF
RANCHOL. RECOMMENDING THAT THE CITY
COUNCIL CERTIFY A NEGATIVE DECLARATION AND ADOPT AN
ORDINANCEAMENDING ATE 17.11 (AFFORDABLE U I )
AND CHAPTER 17.9 (DEFINITIONS) TITLE 17 OF THE CI
MUNICIPAL CODE TO CONFORMTO STATEDENSITY BONUS LAWS
(CASE . Z 20 9- 0125)»
WHEREAS, Chapter 17.11 of Title 17 of the Rancho Palos Verdes Municipal
Code (the "Municipal Code") sets forth various procedures and regulations regarding
the 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 Sill 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 to
bring those provisions into conformity with state law; 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, 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, copies of the draft Negative Declaration were distributed to the
Planning Commission, and prior to taking action on the proposed Municipal Code
Amendments, the Planning Commission 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,
P.C. Resolution No. 2009-26
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WHEREAS, after notice issued pursuant to the requirements of the Rancho
Palos Verdes Development Code, the Planning Commission held a duly noticed public
hearing on June 9, 2009, at which time all interested parties were given an opportunity
to be heard and present evidence.
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 Chapter 17.11 (affordable Housing) and Chapter 17.96 (Definitions) of
Title 17 of the City's Municipal Code.
Section 2- The Planning Commission 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 Planning Commission finds that the amendments to Title 17
are consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in
that they uphold, and do not hinder, the goals and policies of those plans. Specifically,
the amendments help "provide a variety of housing for future needs groups", and
"develop[s] an ordinance implementing the state density bonus law", in accordance with
General Plan Goals I and 111.
Section 4: The Planning Commission finds that the amendments to Title 17
conform to State Density Bonus laws and to Assembly Bill 2280 (Saidana).
Section 5: The Planning Commission finds that the amendments to Title 17
are substantially the same as previous provisions of the Rancho Palos Verdes
Municipal Code or any other ordinance repealed, amended or superseded upon the
enactment of this ordinance and that the amendments to Title 17 shall be construed as
a restatement and continuation of the previous provisions and as new enactment.
Section 6: The Planning Commission further finds that there is no substantial
evidence that the amendments to Title 17 would result in new significant environmental
effects, for amendments to Title 17 of the Municipal Code. A Negative Declaration has
been prepared and P.C. Resolution No. 2009- has been adopted, recommending that
the City Council certify the Negative Declaration making certain environmental findings
in association with Case No. ZON2009-00125.
Section 7: The Planning Commission finds that the amendments to Title 17
are necessary to preserve the public health, safety, and general welfare in the area.
P.C. Resolution No. 2009-26
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Section 8: Section 17.11.020 of Title 17 is hereby amended to read as follows
(the bold underlined text represents new language and the strikethrquo text
represents deleted language):
Section 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.
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 9: 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 (the bold underlined text represents new language and the
text represents deleted language):
Section 17.11.060 Affordable Housing Incentives.
"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.,,
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Section 10: 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 (the bold underlined, text represents new language and the
s
tFikethFeu, h text represents deleted language):
-d-
Section 17.11.060 Affordable Housing Incentives.
CPA]^
"e. hGUSiRg d- --ay meet the GFiteria fer meFe than one densit
bE)RLI ity IJGRuses -.-.;t shall the
d8RGity lb-enus- fer The City has the
authority but not the obligation to grant a density b-onus 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 11- 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 (the bold underlined, text represents new language and the
+,iketh-i-gh text represents deleted language):
Section 17.11.060 Affordable Housing Incentives
"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 sjubdivision (c) of Section 65583.2 of the Government C-ode, 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."
Section 12: 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 (the bold underlined text represents new language and the
+AL-O"r^i a^k
.-,,text represents deleted language):
Section 17.11.060 Affordable Housing Incentives
"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 dediGatken the
transher."
P.C. Resolution No. 2009-26
Page 4 of 8
Section 13: 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 (the bold underlined text represents new language and the
qtr' u-3,text represents deleted language):
Section 17.11.060 Affordable Housing Incentives.
gig. A proposed source of funding for the yety to income units shall
be identified not later than the date of-approval of the final subdivision rnapA
parcel map, or residential development a2gligation."
Section 14: Subsection (13)(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
(the of underlined text represents new language and the strike#*Guo text
represents deleted language):
Section 17.11.070 Period of Affordability.
"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 thFee 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 15: Subsection (13)(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
(the bold underlined text represents new language and the stFikethFeu text
represents deleted language):
Section 17.11.070 Period of Affordability.
"c. For purposes of this subsection B, the city's proportionate share of
appreciation shall be equal to the ratio of the cit s initial subsidy to the fair market
value of the home at the time of initial sale."
Section 16: 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 (the
bold underlined text represents new language and the text represents
deleted language):
Section 17.11.180 Feasibility.
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Page 5 of 8
"c. That the concession or incentive would be contra Ey to state or federal
law."
Section 17: 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 (the bold
underlined text represents new language and the s#ke#wGugh text represents deleted
language):
Section 17.11.080 Feasibility.
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 Rby§
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 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. NothingJ=n this subsection shall be interpreted to require the city to
waive or reduce development standards that would be contrary to s
=We 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 17.1
Section 18: 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:
(the bold underlined text represents new language and the strikethrough text
represents deleted language):
Section 17.96.555 Density, maximum allowable residential.
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 , or if a range of density is permitted, means the
maximum allowable density for the specific zoning range and land use elementDi-the
general plan applicable to the project. Where the density allowed under the zoning
ordinance is not the same as the densityAILQwed under the land use element of
the general plan, the general plan density shall prevail."
Section 19: Section 17.96.585 (Development standard) of Chapter 17.96 of
Title 17 of the Municipal Code is hereby amended to read as follows: (the bold
P.C. Resolution No. 2009-26
Page 6 of 8
underlined text represents new language and the stFikethrough text represents deleted
language):
Section 17.96.585 Development standard.
"17.96.585. Development stapAafd Standard. "Development standard" means
a{ sa site or construction GoRditieRs that apply gon M n including, but no
limited to, a height limitation, a setback requirement, a floor area riadizo an onsite
open-space or lot coverage requirement® or a pqrkjgg-ratiio that apply 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 20: 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
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 21: 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 deemed complete prior to the effective date of the adoption of said
ordinance.
Section 22: 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 Chapter 17.11 (Affordable Housing) and
Chapter 17.96 (Definitions) of Title 17 of the City's Municipal Code to conform to State
Density Bonus laws.
P.C. Resolution No. 2009-26
Page 7 of 8
PASSED, APPROVED, AND ADOPTED this 9th day of June 2009, by the following
vote:
AYES: Gorstner, Knight, Lewis, Perestam, Ruttenberg, Tetreault, Tomblin
NOES: None
ABSTENTION: None
ABSENT: None
RECUSALS: None
Aeffre
"Y
is
Chair an
Joel Rojis, AICP
Directorf PI nning, B it ing
and Cod,VEforcement; and,
Secretary the Planning Commission
P.C. Resolution No. 2009-26
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