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PC RES 2003-029A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES RECOMMENDING 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. 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, Assembly Bill 1866, signed into law by the Governor on September 29, 2002, amended certain provisions of the Government Code Section 65915 pertaining to provision of incentives or concessions for the production of affordable housing, effective January 1, 2003, and, WHEREAS, Government Code Section 65915 (a) stipulates, "All cities shall adopt an ordinance that specifies how compliance with [state density bonus requirements] will be implemented," and, WHEREAS, the statutory amendments made by Assembly Bill 1866 necessitate amendments to 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 the Municipal Code, and, WHEREAS, on May 24, 2003, 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 10, 2003, and continued the public hearing to June 24, 2003, and, WHEREAS, the Planning Commission conducted a public hearing on June 24, 2003, 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, and, WHEREAS, the Planning Commission has reviewed and considered the proposed code amendments to Title 17 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: P.0 Resolution No. 2003-29 Page 1 of 3 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, as presented and contained in Draft Ordinance No. _, attached hereto and made a part hereof 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 Ill. Section 4: The Planning Commission finds that the amendments to Tale 17 conform to State Density Bonus laws and to Assembly Bill 1866 (Wright) 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, 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 amendments will ensure that the City's Municipal Code is consistent with AB 1866 for density bonuses and concessions, and establishes specific findings for review of requested density bonuses or concessions. An Addendum (No 8) 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 because the revisions to the Development Code are not significant, are within the scope of EA/ND No. 694 that were prepared and adopted in conjunction with the amendments to Titles 16 and 17 that were adopted on April 19, 1997 by the City Council, and all future proposals would be subject to review as required by CEQA. Further, none of the circumstances set forth in the State CEQA Guidelines § 15162 by which subsequent environmental review would be required, exist in this case. 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. 2003-29 Page 2 of 3 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 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 deemed complete 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 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 as amended by AB 1866. PASSED, APPROVED, AND ADOPTED this 24It" day of June 2003, by the following vote: AYES: Cartwright, Cote, Duran Reed, Long, Mueller, Tomblin NOES: None ABSTENTION: None ABSENT: Lyon Jo0l Rqas, Al Dit'"t of Plat Un�in ,, Building and Code Enforcement, and, Secretary to the Planning Commission Thomas Long Chairman P.0 Resolution No 2003-29 Page 3 of 3