ORD 394 ORDINANCE NO. 394
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES 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 that "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, 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 reviewed and considered the proposed code
amendments to Title 17 and adopted P.C. Resolution No. 2003-29 forwarding its
recommendations to the City Council for its consideration; and,
WHEREAS, on May 24, 2003, a notice of a public hearing on this code amendment
was published in the Palos Verdes Peninsula News; and,
WHEREAS, after notices issued pursuant to the requirements of Rancho Palos
Verdes Development Code, the City Council held a duly noticed public hearing on July 1,
2003, at which time all interested parties were given the opportunity to be heard and
present evidence; and,
WHEREAS, the term "lower income" households as defined in Section 50079.5 of
the Health and Safety Code does not include "qualifying residents" as defined by Section
51.3 of the Civil Code, and therefore the thirty-year affordability period as required by
Section 65915(c)(1) of the Government Code does not apply to projects proposing senior
residential developments with fifty percent of the proposed units available to qualifying
senior residents; and,
WHEREAS, pursuant to the California Environmental Quality Act, Public Resources
Code §§21000 et seq., ("CEQA") staff prepared an addendum to a previously adopted
Negative Declaration for the comprehensive update of Titles 16 and 17 of the Municipal
Code and concluded that the proposed amendments will not result in any significant
environmental impacts and that the proposed amendments are within the scope of the prior
CEQA analysis; and,
WHEREAS, the Planning Commission reviewed the Addendum to the previously
adopted Negative Declaration for the comprehensive update of Titles 16 and 17 of the
Municipal Code and concurred with staff's conclusion that the proposed amendments will
not result in any significant environmental impacts and that the proposed amendments are
within the scope of the prior CEQA analysis, and recommended adoption of the Addendum.
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 of Title 17 of the Municipal Code.
Section 2: The City Council 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 new amendments are clarifications and minor revisions to the Development
Code. An Addendum (No. 8) to the prior Negative Declaration has been prepared and is
attached hereto as Exhibit `A'. The City Council hereby finds, based on its own independent
review, that the facts stated in the Addendum are true because the minor revisions to the
Development Code will make the Municipal Code consistent with State Affordable Housing
law, and new projects would individually undergo review as required by CEQA.
Section 3: 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 4: Paragraph A. 1. 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:
17.11.060 A. Density Bonus
1. New Construction. When a developer of a new housing project consisting
of five or more dwelling units agrees to provide at least ten percent of all units as very low
income units, twenty percent of all units as low income units, fifty percent of all units for
Ordinance No. 394
Page 2 of 6
qualifying senior residents, or twenty percent of the total dwelling units in a condominium
project as defined in subdivision (f) of Section 1351 of the Civil Code for persons and
families of moderate income, a density bonus, as defined by Section 17.96.550 of the
Municipal Code, and/or affordable housing incentive shall be provided by the city. The
density bonus shall not be included when determining the number of dwelling units equal to
ten or twenty percent of the total units. At least one additional or alternative incentive, as
described in Section 17.11.060(B) of this chapter, or other incentives or concessions of
equivalent financial value based upon the land costs per dwelling unit, shall be provided in
addition to the density bonus unless the City makes a written finding, based upon
substantial evidence, that the additional 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 Government Code Section 65915(c). The units shall be rented or sold only to
households whose income is at a level that does not exceed the required affordability level
of the unit. The affordable units shall be similar in exterior appearance, configuration and
basic amenities (such as storage space and outdoor living areas) to the market rate units in
the proposed project.
When a developer of new housing agrees to provide at least ten percent of all units
as very low income units and twenty percent of all units as low income units, density
bonuses shall not accrue cumulatively, and only one density bonus and at least one other
additional incentive shall be provided.
Section 5: Paragraph B 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:
17.11.060 B. Additional or Alternative Incentives.
At the option of the city, affordable housing incentives in lieu of, or in addition to, a density
bonus may be provided. Incentives, both for purposes of mandatory incentives as may be
required by Section 17.11.060 A. 1. and for purposes of in-lieu incentives pursuant to this
paragraph, include, but are not limited to:
1. A reduction in site development standards or modification of zoning requirements or
architectural design requirements which exceed minimum state standards, including
modification of setback, parking or lot size requirements;
2. Approval of a mixed use project, if the other uses are compatible with residential
development and with other development in the surrounding area;
3. Other regulatory concessions which result in identifiable and actual cost reductions.
Section 6: Paragraph 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:
17.11.060. C. Application.
Applicants for density bonuses shall file an application for a density bonus with the director.
The application shall specify the total number of dwelling units proposed, the number of low
income, very low income, qualifying senior units, and/or condominium units for persons and
families of moderate income proposed, proposed rent or price of the units, the location of
the units, proposed means of administering the units, and such other information as may be
Ordinance No. 394
Page 3 of 6
required by the director. If an additional incentive is requested, beyond that required
pursuant to Section 17.11.060(A)(1) of this chapter, the feasibility requirements of Section
17.11.080 of this chapter shall also apply. The application shall be accompanied by a fee, to
be established by resolution of the city council, to cover the city's cost of reviewing and
administering the proposed density bonus project.
Section 7: 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:
17.11.070 Period of Affordability
Units required at specified affordability levels shall remain available and affordable for the
longest feasible period of time, as determined by the city. However, in no event shall low
and very low income units remain available and affordable for a period of less than thirty
years where a density bonus, or incentives or concessions of equivalent financial value
based upon the land cost per dwelling unit, are provided. Units for qualifying senior
residents as defined by Section 17.96.1660 of the Municipal Code, shall remain available to
qualifying senior residents for a period of at least fifteen years. _Condominium units for
persons and families of moderate income shall remain available and affordable for a period
of at least ten years.
Section 8: Paragraph D of Section 17.11.080 (Feasibility) of Chapter
17.11 of Title 17 of the Municipal Code is hereby amended to read as follows:
17.11.080 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 17.11.040 and 17.11.130 of
this chapter may be approved by the city council upon written 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;
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
Ordinance No. 394
Page 4 of 6
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.
Section 9: Paragraph F of Section 17.11.080 (Feasibility) of Chapter 17.11 of
Title 17 of the Municipal Code is hereby added to read as follows:
17.11.080 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 B. 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.
Section 10: Section 17.96.550 of Chapter 17.96 of Title 17 of the Municipal Code
is hereby amended to read as follows:
17.96.850 Density Bonus.
"Density bonus" means a density increase of at least twenty-five percent over the
maximum residential density which would otherwise be allowed under the applicable zoning
and general plan designations, "unless a lesser percentage is elected by the applicant,
except that for condominium projects that reserve at least twenty percent of the total
dwelling units for persons and families of moderate income, "density bonus" means a
density increase of at least ten percent, unless a lesser percentage is elected by the
applicant.
Section 11: 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.
Ordinance No. 394
Page 5 of 6
Section 12: 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 13: 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.
PASSED, APPROVED and ADOPTED this 15th'o ay of ly 2003.
111%
Ma •r
Attest:
0/ r
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Jo Purcell, 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. 394 passed first reading on July 1, 2003, was duly and regularly adopted by
the City Council of said City at a regular meeting thereof held on July 15, 2003, and that the
same was passed and adopted by the following roll call vote:
AYES: Clark, Ferraro, Gardiner, McTaggart and Mayor Stern
NOES: None
ABSENT: None -- ,
ABSTAIN: None ,
J i f
City Clerk
Ordinance No. 394
Page 6 of 6
ADDENDUM NO. 8 TO ENVIRONMENTAL ASSESSMENT/
NEGATIVE DECLARATION (EA/ND) NO. 694
July 15, 2003
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 City Council is currently considering an amendment to Title 17 of the Development
Code, as it pertains to Affordable Housing and state mandated density bonus
provisions. The proposed amendment is based on Assembly Bill 1866 (Wright) signed
into law by the Governor on September 29, 2002, and will ensure that the City's
Municipal Code is consistent with AB 1866 for density bonuses and concessions, and
establishing specified findings for review of requested density bonuses or concessions.
As such, the City Council has independently reviewed this item and determined that the
proposed amendments do not constitute a substantial change in Titles 16 and 17 of the
Municipal Code and that there have been no substantial changes with respect to the
circumstances under which the Municipal Code amendments are undertaken. Further,
no new information of substantial importance, which was not previously known or could
not have been previously known at the time the previous Negative Declaration was
adopted that shows: that there is one or more new, or substantially increased,
significant impacts; that new feasible mitigation measures or alternatives exist; or that
new considerably different mitigation measures are feasible to reduce the impacts. The
proposed amendments 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. Further, future proposals would be subject to review
as required by CEQA. As a result, no further environmental review is necessary other
than the adoption of this Addendum No. 8.
Exhibit "A"
Ordinance No. 394
Page1 of1
Aji!
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 July 21, 2003, she caused to be posted the following document entitled:
Ordinance No. 394 — AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
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, 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
Ryan Park Hesse Park
30359 Hawthorne Blvd. 29301 Hawthorne Blvd.
Rancho Palos Verdes Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
illrif 7, Al Aip
. „ . • r Fr
-ity Clerk
W:\Ordinances\affidavits\Ordinance 394-Affordable Housing&Density Bonus.doc